Compulsory License for Making and Distributing Phonorecords

While copyright owners of “nondramatic musical works,” have the exclusive rights to make and to distribute phonorecords, those rights are subject to “compulsory licensing.” Such a license is available to any person once the work has been distributed to the public in the United States under the authority of the copyright owner.

Note that there is no compulsory license to make phonorecords duplicating a sound recording fixed by another, unless: (i) such sound recording was fixed lawfully; and (ii) the making of the phonorecords was authorized by the owner of copyright in the sound recording. There are other limits and notice provisions to obtain the license that are dictated by the copyright statute. Also, the copyright owner must meet certain filing requirements to be eligible to receive the compulsory royalty payments

Contact Arnold & Knobloch to discuss your particular situation.