
	Where results make sense

Topic: Compulsory license

In the News (Tue 22 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	License - Wikipedia, the free encyclopedia
		In law, the document is the evidence of a license to be distinguished from the underlying license which is the actual permission to an act in a way that would be otherwise unlawful.
		Originally in reference to property, a license was the right of an individual to enter upon the property of another to do an act that would have otherwise been considered illegal as a trespass, such as walking in the woods, hunting game or swimming in the lake.
		To be distinguished from a license coupled with an interest which is an irrevocable license that granted some interest in land or in a chattel.
	en.wikipedia.org /wiki/License (574 words)

	[Unesco] Etats-Unis Chapter 1d (Site not responding. Last check: 2007-10-29)
		A person may obtain a compulsory license only if his or her primary purpose in making phonorecords is to distribute them to the public for private use, including by means of a digital phonorecord delivery.
		The royalty rates payable for a compulsory license for a digital phonorecord delivery under this section shall be established de novo and no precedential effect shall be given to the amount of the royalty payable by a compulsory licensee for digital phonorecord deliveries on or before December 31, 1997.
		License agreements between one or more copyright owners and one or more operators of coin-operated phonorecord players, which are negotiated in accordance with subsection (b), shall be given effect in lieu of any otherwise applicable determination by a copyright arbitration royalty panel.
	www.unesco.org /culture/copy/copyright/etatsunis/page5.html (2239 words)

	09 Compulsory license
		This requirement may be waived in the case of a compulsory license to be granted for the purpose of preventing or eliminating a state of national emergency or where it is announced that a compulsory license may be applied for.
		Where it is announced that a compulsory license may be applied for, waiver of the requirement referred to in paragraph (4) shall not be applicable in respect of applications for the grant of a license submitted after the expiration of a period of one year counted from the date of that announcement.
		When reasonable in specific circumstances, the decision on the grant of a compulsory license may, at the request of the interested party, be changed, in part relating to the scope and duration of the license or to the amount of the royalty, two years after it was taken.
	158.66.1.12 /buisnes/u_patentowa/ustawa_09.htm (455 words)

	Statutory license -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-29)
		A statutory license or compulsory license is a (A document granting exclusive right to publish and sell literary or musical or artistic work) copyright (A legal document giving official permission to do something) license to use (The sum or range of what has been perceived, discovered, or learned) content under reasonable and non-discriminatory terms.
		Broadcasters do not need to obtain permission from the (A document granting exclusive right to publish and sell literary or musical or artistic work) copyright holders to play a song; however, they must pay usage fees to the copyright holders based on how often a particular song is played.
		Most often used in the music industry, compulsory licensing schemes may also apply to works in other media besides music, such as copyright royalties paid for photocopies of academic articles copied in universities.
	www.absoluteastronomy.com /encyclopedia/s/st/statutory_license.htm (225 words)

	IPcentral.info - Review
		This is to be contrasted with a different compulsory license, one that compels the copyright owners of distant programs to allow cable operators to retransmit 'distant' television signals to their viewers without having to negotiate with the copyright owner.
		The purchase of a blanket license allows the purchaser to use the entire repertoire of the association for a yearly fee that is usually related to the revenues of the firm purchasing the license.
		A compulsory license that provided the revenues for the entire recording industry enterprise, besides being far larger than just the payments to the composers, has no clear 'front-end' that might be used to compensate for an error in the royalty rate.
	www.ipcentral.info /review/v1n2liebowitz.html (9384 words)

	Frequently asked questions about compulsory licenses
		Compulsory licenses are licensees that are granted by a government to use patents, copyrighted works or other types of intellectual property.
		Compulsory licenses are an essential government instrument to intervene in the market and limit patent and other intellectual property rights in order to correct market failures.
		The authority to issue a compulsory license is important, even when the right isn't exercised, because it may temper the exercise of market power or the abuse of a patent.
	www.cptech.org /ip/health/cl/faq.html (719 words)

	West-Thomson compulsory license
		F. ``Auto-Cite License Agreement'' shall mean the agreement by which Thomson currently licenses the use of Auto-Cite to Lexis-Nexis, specifically, the Thomson Legal Publishing License Agreement dated March 7, 1991, as amended by a letter agreement dated March 22, 1996 between Andrew G. Mills of Thomson and Louis J. Andreozzi of Lexis- Nexis.
		C. Thomson shall transfer to the Official Reporter Contract State a license, which shall be perpetual in term, sublicensable, assignable, and royalty-free, to the use of any intellectual property rights which Thomson holds pertaining to the headnotes, case notes, and/or case summaries in the product(s) at issue.
		``Licensed NRS Pagination'' shall mean the NRS Pagination which Licensee obtains a license to use pursuant to the terms and conditions of this Agreement.
	www.cptech.org /ip/health/cl/west-1996.html (9464 words)

	17 USC 115, Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distribut (BitLaw)
		Except as provided by clause (1), the royalty under a compulsory license shall be payable for every phonorecord made and distributed in accordance with the license.
		License agreements voluntarily negotiated at any time between one or more copyright owners of nondramatic musical works and one or more persons entitled to obtain a compulsory license under subsection (a)(1) shall be given effect in lieu of any determination by the Librarian of Congress.
		A compulsory license under this section includes the right of the maker of a phonorecord of a nondramatic musical work under subsection (a)(1) to distribute or authorize distribution of such phonorecord by rental, lease, or lending (or by acts or practices in the nature of rental, lease, or lending).
	www.bitlaw.com /source/17usc/115.html (1442 words)

	Federal Register Notice (Site not responding. Last check: 2007-10-29)
		Compulsory license royalties are determined, for the most part, by the number of distant signals a cable system carries.
		76.51 for compulsory license purposes: In explaining the definition of the ``local service area'' in Section 111(f) as being that area in which stations were entitled to must carry under the FCC's rules in effect on April 15, 1976, this report specifically referenced Sections 76.57, 76.59, 76.61 and 76.63.
		MPAA supports acceptance of the Ohio, Connecticut, and Georgia redesignations by the Office for compulsory license purposes, but states that the ``acceptance should be specifically limited to the current circumstances and should have no controlling effect on future cases.'' MPAA, comments at 5.
	www.copyright.gov /fedreg/1994/fr12au94.html (6269 words)

	Definitions
		The license is the permission granted by a copyright owner (also know as the "licensor") to the person requesting the right to exercise one or more of these exclusive rights (also know as the "licensee").
		A license is often limited to a specific time period and often to a specific geographic territory or language.
		The "compulsory" royalty rate as of January 1, 2000 is $0.0755 per use for Musical Compositions that are 5 minutes or less and the rate is $0.0145 per minute of playing time for compositions over 5 minutes.
	www.copyrightkids.org /definitions.html (3655 words)

	The Body: AIDS Trestment NewsMarch 5, 1999
		James Love: A compulsory license is a license that is given to a company by the government, to use a patent, copyright, or other form of intellectual property, in return for some compensation of the patent holder.
		Compulsory licenses are used in a wide variety of cases, in both the patent and copyright areas.
		On the other hand, if you want to use compulsory licensing not to prevent anti-competitive abuses, but for some other purpose such as making the air cleaner, or giving medicines to poor people, then you have to use the product in the country, not for export; the primary market has to be domestic.
	www.thebody.com /atn/314.html (4495 words)

	SATELLITE COMPULSORY LICENSE REAUTHORIZATION
		Congress should demand from proponents of the satellite compulsory license clear and convincing evidence that an extension of the license is necessary to serve the public interest.
		There is no equitable justification for freezing the satellite compulsory license royalty rates for a period of ten years.
		Copyright owners should have a reasonable opportunity to ensure that satellite companies are properly reporting and calculating the royalties due under the satellite compulsory license.
	judiciary.house.gov /legacy/attaway022404.htm (1367 words)

	US CODE: Title 17,115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and ... (Site not responding. Last check: 2007-10-29)
		Such authority to negotiate the terms and rates of royalty payments includes, but is not limited to, the authority to negotiate the year during which the royalty rates prescribed under subparagraphs (B) through (F) and chapter 8 of this title shall next be determined.
		In addition to any royalty payable under clause (2) and chapter 8 of this title, a royalty shall be payable by the compulsory licensee for every act of distribution of a phonorecord by or in the nature of rental, lease, or lending, by or under the authority of the compulsory licensee.
		Such termination renders either the making or the distribution, or both, of all phonorecords for which the royalty has not been paid, actionable as acts of infringement under section 501 and fully subject to the remedies provided by sections 502 through 506 and 509.
	www4.law.cornell.edu /uscode/17/115.html (1395 words)

	REGULATIONS GOVERNING APPLICATION FOR APPROVAL OF COMPULSORY LICENSE OF MUSICAL WORKS AND ROYALTIES FOR USE THEREOF (Site not responding. Last check: 2007-10-29)
		Upon approving a compulsory license, the competent authority shall simultaneously inform the applicant of how the royalties will be calculated and in what manner the license is permitted to use.
		The royalty rate of the compulsory license shall be calculated at 5% of the retail price of a sound recording which is scheduled to be published.
		After the competent authority has approved a compulsory license, the applicant who wishes to increase the quantity of publications originally approved shall apply to the competent authority for change of the quantity of publication.
	www.taie.com.tw /E.htm (1311 words)

	EU - Compulsory license under copyright
		Once this conclusion was reached, the Court had no difficulty in deciding that the imposition of a compulsory license under the networks' copyrights in their program schedules "was the only way of bringing the infringement (of Article 86) to an end".
		The decision of the Court is fact-specific and gives little guidance as to the situations in which compulsory licensing might be acceptable in the future.
		It should, however, be noted that compulsory licensing of patents, although not of copyrights, as a remedy for violation of competition laws is specifically provided for under the GATT-TRIPS Agreement and so it seems unlikely that this issue will disappear in the near future.
	www.ladas.com /BULLETINS/1995/0495Bulletin/EU_CopyrightCompulLicense.html (541 words)

	WAIS Document Retrieval (Site not responding. Last check: 2007-10-29)
		(4) For the purposes of this section, a compulsory licensee is a person or entity exercising the compulsory license to make and distribute phonorecords of nondramatic musical works as provided under section 115 of title 17 of the United States Code, as amended by Pub.
		Following the establishment of a negative reserve balance, any phonorecords relinquished from possession by the compulsory licensee for purposes of sale or otherwise, shall be credited against such negative balance, and the negative reserve balance shall be reduced accordingly.
		If that compulsory licensee is a corporation, the signature shall be that of a duly authorized officer of the corporation; if that compulsory licensee is a partnership, the signature shall be that of a partner.
	www.law.cornell.edu /copyright/regulations/201.19.html (2326 words)

	Federal Register: Compulsory License ...Phonorecords (Site not responding. Last check: 2007-10-29)
		The compulsory license set forth in section 115 permits the use of a nondramatic musical work without the consent of the copyright owner if certain conditions are met and royalties are paid.
		In addition, the person intending to use the section 115 license must provide notice to the copyright owner of a musical work of his or her intent to use the copyright owner's work under the statutory license.
		Notice for the making of DPDs under the section 115 license would have to be served on a second agent who is authorized to grant or administer the DPD rights or, alternatively, on the copyright owner in accordance with the regulations governing proper notice.
	www.loc.gov /copyright/fedreg/2001/66fr45241.html (2983 words)

	Request for compulsory license in Cameroon
		We also note that non-voluntary licensing for the importation and sale of medicines is consistent with the Republic of Cameroon´s obligations under the World Trade Organisation´s (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) and in the spirit of the Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration).
		Upon issuance of a non-voluntary license, the owner(s) of the relevant patents are entitled to remuneration.
		An open compulsory license is one that is available to any person or firm that seeks a non-voluntary license to use the patents necessary to manufacture, import, export, or sell these medicines.
	www.essentialinventions.org /docs/cameroon/clcameroon8jan05en.html (3312 words)

	Newsbytes News Network: Napster CEO Presses "Compulsory License" Plan - Government Activity (Site not responding. Last check: 2007-10-29)
		Barry noted that the Recording Industry Association of America (RIAA) supports compulsory licenses for musical compositions, but Barry argued that it should be valid for actual sound recordings too.
		RIAA chief Rosen argued against using the compulsory licensing scheme to legitimize the use of file sharing services such as Napster, however.
		Barry noted, however, that compulsory licensing arrangements would avoid the necessity for Napster, with thousands upon thousands of sound recordings on its service, of having to seek individual negotiations with each music publisher.
	findarticles.com /cf_dls/m0NEW/2001_April_3/72736295/p1/article.jhtml (595 words)

	[Ip-health] Zambia Compulsory License - copy of license, statement by CPTech (Site not responding. Last check: 2007-10-29)
		Copy of actual license: http://www.cptech.org/ip/health/c/zambia/zcl.html Statement by James Love, Director, CPTech: "The decision by the Ministry of Commerce, Trade and Industry to issue a compulsory licenses for relevant patents on combinations of 3TC, d4T and Nevirapine will help AIDS patients by ensuring there are legal and sustainable mechanisms in place to obtain generic drugs.
		The two page Zambia license should serve as a model for other developing countries facing an AIDS crisis.
		But as long as the patent law covers medicines, generic drug firms will face liability if they do not obtain either voluntary or compulsory licenses.
	lists.essential.org /pipermail/ip-health/2004-September/006958.html (285 words)

	BioMed Central \| about us \| Copyright and license agreement
		Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
		No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
		This License may not be modified without the mutual written agreement of the Licensor and You.
	www.biomedcentral.com /info/about/license (1576 words)

	Phonorecord Delivery Compulsory License (Site not responding. Last check: 2007-10-29)
		The license can be invoked once a nondramatic musical work embodied in a phonorecord is distributed ``to the public in the United States under the authority of the copyright owner.'' 17 U.S.C. 115(a)(1).
		One who obtains permission to use another's sound recording is eligible to use the compulsory license for the musical composition that is performed on the sound recording.
		The statute states: A compulsory license under this section includes the right of the maker of a phonorecord of a nondramatic musical work * * * to distribute or authorize distribution of such phonorecord by rental, lease, or lending (or by acts or practices in the nature of rental, lease, or lending).
	www.loc.gov /copyright/fedreg/2001/66fr14099.html (3877 words)

	Federal Register Notice (Site not responding. Last check: 2007-10-29)
		In exchange for the license, cable operators submit royalty payments, along with statements of account detailing their retransmissions, to the Copyright Office on a semi-annual basis, which deposits the royalties with the United States Treasury in interest bearing accounts for later distribution to copyright owners of non-network broadcast programming.
		Satellite carriers, however, still do not qualify, and must use the license found in 17 U.S.C. Telecommunications Act The Copyright Office's SMATV, wireless cable and satellite carrier rulemaking proceeding was prompted by a video marketplace in the 80's that differed significantly from that of the 70's.
		The Office stated in the 1992 final rules that section 111 must be interpreted as a whole in determining whether a particular retransmission provider is eligible for compulsory licensing.
	www.copyright.gov /fedreg/1996/61fr20197.html (2226 words)

Try your search on: Qwika (all wikis)