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Topic: Statutory license

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	No. 01-1332: Satellite Broadcasting v. FCC - Opposition
		The SHVIA presents an a fortiori case: unlike the cable must-carry law (which was not fashioned as a condition on the statutory copyright license afforded to cable operators but rather is a freestanding mandate), the satellite carriers are free to ignore the carriage obligations that are part of their statutory copyright license.
		Congress understood that a station-by-station statutory license would provide stations chosen for satellite carriage with access to a sizeable and growing audience, but that that audience would become largely unavailable to those stations that were not selected for carriage, even though those stations had previously reached an audience through free over-the-air broadcasts.
		The market-wide nature of the statutory license is an integral part of the SHVIA scheme and is not severable from the grant of the statutory license to carry broadcast programs without compensation to copyright owners.
	www.usdoj.gov /osg/briefs/2001/0responses/2001-1332.resp.html (4593 words)

	[No title]
		Notwithstanding any provisions of the antitrust laws, for purposes of this clause any claimants may agree among themselves as to the proportionate division of statutory licensing fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf.
		Both the cable and the satellite licenses plainly state that it is the copyright owner, and only the copyright owner, whose work has been retransmitted by a cable system or satellite carrier who is eligible to receive a distribution of royalty fees.
		Statutory Authority The Library of Congress initiates this rulemaking proceeding under its authority to establish regulations for the submission of cable statutory license claims and satellite statutory license claims.
	www.cptech.org /ip/health/cl/uscl/loc-010426.html (4242 words)

	Licensing and Royalties - Voluntary vs. Statutory Licensing (Site not responding. Last check: 2007-10-14)
		Licenses usually take the form of a written contract that specifies the owner of the copyright, what rights are being granted, the term of the license, and any royalties to be paid.
		Although some uses of small amounts of music are considered fair use and don’t require a license (see copyright section for a definition of fair use), generally speaking, the use of any part of a song requires a license.
		These are called statutory (or compulsory) licenses and generally the fee is paid according to a rate set by law, called a "statutory rate." Statutory licenses are efficient because they do not require the person or entity using the recording to obtain separate licenses from each sound recording copyright owner.
	www.riaa.com /issues/licensing/vol_stat.asp (809 words)

	Webcasting (Site not responding. Last check: 2007-10-14)
		A statutory license is one that is provided for explicitly by the copyright law and that does not require permission or negotiations with the owner of the copyright, so long as certain criteria are met and certain pre-determined fees are paid.
		For webcasters, obtaining a statutory license is critical, as it is cost-prohibitive to negotiate individual licenses with the owner of each sound recording (generally, record labels).
		In order to even be eligible for a statutory license, it is required that you be a webcaster whose primary function is to provide audio programming and not to sell or promote other non-music related goods or services.
	www.gtlaw.com /pub/articles/1999/rosenbloum99b.htm (1407 words)

	Controlled Composition Clauses (Site not responding. Last check: 2007-10-14)
		As of the date of this writing, the current statutory rate is the greater of 8¢ or 1.55¢ per minute, for the two-year period beginning January 1, 2002 and ending December 31, 2003.
		Therefore, all distribution through digital phonorecord delivery without a mechanical license will be deemed acts of infringement, and may potentially be deemed intentional, thereby subjecting the record company to the possibility of statutory damages that are punitive in nature.
		A mechanical license grants two distinct rights: a license to reproduce the musical composition on a phonorecord (which, in the context of physical records, means the right to manufacture copies of the phonorecord) and a license to distribute phonorecords containing the licensed composition.
	www.wixenpolin.com /controlled_composition_clauses.htm (3315 words)

	STATUTORY LICENSES AND THE CARP (Site not responding. Last check: 2007-10-14)
		Any copyright owners of sound recordings or any transmitting organizations entitled to a statutory license under this subsection may submit to the Librarian of Congress licenses covering such activities with respect to such sound recordings.
		The Librarian of Congress shall also establish requirements by which copyright owners may receive reasonable notice of the use of their sound recordings under this section, and under which records of such use shall be kept and made available by transmitting organizations entitled to obtain a statutory license under this subsection.
		(5) License agreements voluntarily negotiated at any time between 1 or more copyright owners of sound recordings and 1 or more transmitting organizations entitled to obtain a statutory license under this subsection shall be given effect in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress.
	cyber.law.harvard.edu /is02/readings/17usc112.html (659 words)

	New York State Department of Agriculture and Markets
		License renewal forms will be mailed directly to the dog owner by the Department of Agriculture and Markets by the first day of the month that your license is due to expire.
		To ensure the accuracy of license records, it is essential that any change to the information on the license be provided to the local licensing agent who in turn will notify this Department so that records can be updated.
		Article 7 relates to the licensing, identification and control of dogs and the animal population control program in New York State and is administered by the New York State Department of Agriculture and Markets.
	www.agmkt.state.ny.us /AI/doglic.html (938 words)

	Chapter 314-12 WAC
		[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150.
		Licensees, applicants for licenses, or the agents or representatives thereof, shall furnish along with these documents a signed written summary of any oral agreements which affect the ownership and/or proposed operation of the premises licensed, or sought to be licensed.
		Upon license approval, beer and/or wine may be ordered by a special occasion licensee or catering licensee and delivered by the distributor to the location specified by the special occasion licensee or catering licensee or directly to such licensed retailer at the distributor's licensed premises.
	www.liq.wa.gov /current_laws/wac314-12.html (7351 words)

	Statutory license - Wikipedia, the free encyclopedia
		A statutory license or compulsory license is an exception to copyright provided by law to use a copyrighted work without the explicit permission of its owner.
		Copyright owners may give direct permission to a copyright agency (especially a performance rights organization) to sell rights to their work for royalties, but as it is an exercise of the owner's rights, this not a statutory license.
		In the United States, statutory license often specifically refers to the license to broadcast digital music and audio over the Internet, as provided by the Small Webcaster Settlement Act of 2002.
	en.wikipedia.org /wiki/Statutory_license (203 words)

	MISSION STATEMENT (Site not responding. Last check: 2007-10-14)
		The Soundexchange negotiates and issues licenses pursuant to the terms of the statutory licenses on behalf of the Soundexchange members.
		The Soundexchange is currently negotiating with and issuing licenses to webcasters that wish to obtain a statutory license.
		This licensing function is guaranteed to be an on-going effort, especially since the statutory license requires new rates and terms to be set every two years.
	cyber.law.harvard.edu /is02/readings/riaa.html (805 words)

	Code
		OWNERSHIP OF LICENSE : A license for which a person becomes the qualifying party belongs to the entity of the licensee, as: a corporate license belongs to the corporation, a partnership license belongs to the partnership and an individual license belongs to the individual regardless of the status of the qualifying party of the entity.
		Any applicant holding a license in good standing in a comparable classification in another state recognized by the respective agency as a reciprocity state may have the trade portion of the examination waived upon written certification from that state in which the applicant is licensed.
		Any licensed contractor failing to file a renewal application by December 31 must re-file their application for a license along with the required application fee before a certificate of a may be issued.
	www.genconbd.state.al.us /_OLD_STUFF/2k2-rules-regs.html (3966 words)

	Satellite Home Viewer Improvement Act (Site not responding. Last check: 2007-10-14)
		The local-to-local license, therefore, is distinguished from the existing statutory license under which a satellite carrier is permitted to retransmit distant signals to subscribers residing in unserved households.
		To make use of the local-to-local license, a satellite carrier is required to retransmit the signals of local stations on contiguous channels and is prohibited from accepting or requesting anything of value in exchange for carriage of local broadcast stations or for channel positioning rights.
		The SHVIA extends until December 31, 2004 the statutory license permitting the retransmission of distant signals by satellite carriers to unserved households.
	www.lsl-law.com /publications/satellite.cfm (1744 words)

	17 USC 119, Limitations on exclusive rights: Secondary transmissions of superstations and network stations for p ...
		The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions of the signals of no more than two network stations in a single day for each television network to persons who reside in unserved households.
		Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.
		During the month of July in each year, each person claiming to be entitled to statutory license fees for secondary transmissions shall file a claim with the Copyright Royalty Judges, in accordance with requirements that the Copyright Royalty Judges shall prescribe by regulation.
	www.bitlaw.com /source/17usc/119.html (4383 words)

	WAIS Document Retrieval
		The statutory license requires adherence to regulations under which copyright owners may receive reasonable notice of use of their sound recordings under the statutory license, and under which entities performing the sound recordings shall keep and make available records of such use.
		This rulemaking concluded with the issuance of interim rules to govern the filing of an initial notice of digital transmissions of sound recordings under statutory license, 37 CFR 201.35, and the filing of reports of use of sound recordings under statutory license, 37 CFR 201.36.
		Among other things, the DMCA expanded the section 114 compulsory license to allow a nonexempt, eligible nonsubscription transmission service and a pre-existing satellite digital audio radio service to perform publicly a sound recording by means of certain digital audio transmissions, subject to notice and recordkeeping requirements.
	www.cptech.org /ip/health/cl/uscl/loc-990804.html (1011 words)

	Current WAC's
		"License" means an official document that certifies you have been granted permission by the department to operate a family home child care in compliance with the rules.
		The home must be licensed or certified in accordance with national or state standards or standards approved by us and be operated on the premises over which the entity licensing or certifying the home has jurisdiction.
		Your license will be denied or revoked if your family member or any other person who is living at the same address as you has been disqualified from have unsupervised access to children.
	home.comcast.net /~teacher_starla/current_wac's.htm (15245 words)

	THE MUSIC ONLINE COMPETITION ACT OF 2001: MODERATE CHANGE OR RADICAL REFORM?
		With this statutory license, webcasters may transmit copyrighted songs over the Internet as long as they file notice with the United States Copyright Office and pay a royalty determined by the Copyright Office.
		U.S. copyright law provides for a separate compulsory license, known as a mechanical license, which has traditionally allowed a person to distribute copies of a copyrighted nondramatic musical work for private use so long as certain conditions are met.
		To obtain a mechanical license, the copyrighted work must have already been distributed to the public, the person seeking the license must serve notice on the copyright owner, and the license seeker is further required to pay royalties set by the U.S. Copyright Office.
	www.law.duke.edu /journals/dltr/articles/2001dltr0031.html (3161 words)

	Federal Register: Notice and Recordkeeping for Use of Sound Recordings
		The transitional provisions were replaced by the Interim Regulations, announced almost two years later, where the Copyright Office prescribed the requirements for filing a notice of intention to use the statutory licenses, and the categories of data that comprised a report of use of a sound recording.
		The first reporting period began on April 1, 2004, meaning that, since that time, services using the section 112 and 114 licenses have been required to create reports of use in anticipation of regulations prescribing the format in which the reports are to be delivered to copyright owners and the details of making the deliveries.
		A ‘‘Report of Use of Sound Recordings under Statutory License’’ shall be identified as such by prominent caption or heading, and shall include a preexisting subscription service’s ‘‘Intended Playlists’’ for each channel and each day of the reported month.
	www.loc.gov /crb/fedreg/2006/71fr59010-9.html (7927 words)

	U.S. Copyright Office - Rates and Terms for Statutory License
		Small commercial webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the negotiated agreement; or they may operate under the statutory licenses in accordance with the rates and terms adopted by the Librarian on June 20, 2002.
		On October 10, 2002, the Register of Copyrights denied an application by a number of broadcasters for a stay of the December 11, 2000, Final Rule that clarified that the retransmission of an AM/FM broadcast signal over the Internet is not exempt from the limited digital performance right for sound recordings.
		Appendix B of the report sets forth the terms recommended by the CARP to govern the statutory license.
	www.copyright.gov /carp/webcasting_rates.html (558 words)

	News and Information - Maryland Real Estate Commission
		The Memorandum indicates that the Real Estate Brokers Act does not contain a general mandate that the statutory license categories broker, associate broker, or salesperson must be used in such advertising.
		For example, a licensed salesperson should not use the term "sales associate", because there is a statutory licensing category "Associate Broker." The use of the term associate in any context other than Associate Broker could confuse a consumer and therefore should be avoided.
		Violation of this provision of the law is a misdemeanor crime, and could lead to a fine not exceeding $5,000, imprisonment not exceeding one year, or both.
	www.dllr.state.md.us /license/real_est/renews.htm (2589 words)

	Gnutella.com (Site not responding. Last check: 2007-10-14)
		The 1995 Act limited the benefits of the statutory license by imposing programming restrictions on the radio services (e.g., limiting how many times a single artist can be played in a 3-hour period) and disqualifying “interactive” programming that essentially provided on-demand or near-on-demand service.
		Since 1976 broadcast radio has enjoyed a statutory exemption to make reproductions of compositions so long as the reproduction remains within the radio station’s possession and is used solely to facilitate licensed performances of the same music.
		In both instances the statutory weaknesses are results of the provisions’ exacting requirements and their construction in support of only the business models that existed or were anticipated at the time of enactment.
	www.gnutella.com /news/16169 (4692 words)

	SICE - IP/National Legislation - USA
		This section prescribes rules under which copyright owners shall receive initial notice of use of their sound recordings under statutory license under section 114(f) of title 17 of the United States Code, as amended by Public Law 104-39, 109, Stat.
		(1) An Initial Notice of Digital Transmission of Sound Recordings under Statutory License is a notice to sound recording copyright owners of the use of their works under section 114(f), and required under this regulation to be filed by a Service in the Copyright Office.
		A “Report of Use of Sound Recordings under Statutory License” shall be identified as such by prominent caption or heading, and shall include a Service's “Intended Playlists” for each channel and each day of the reported month.
	www.sice.oas.org /int_prop/nat_leg/Usa/RCReI.asp (5785 words)

	MusicDish Industry e-Journal
		A statutory license means that they don’t have to contact thousands and thousands of labels and artists because before they start their business.
		There is another big advantage to the statutory license, which is that you can play anything that has been commercially released on a sound recording in the United States, and pretty much around the world, without any restrictions.
		On a statutory license, the Beatles can’t say no: it’s compulsory, so long as the service is not interactive and you abide by the statutory license.
	www.musicdish.com /mag/?id=10936 (2387 words)

	FAQ - Copyright Owners and Performers, Royalty Collections and Distribution
		What services are entitled to statutory licenses and what statutory royalty rates have been established?
		- A "statutory license" royalty is paid by transmission services such as audio only music channels delivered by digital cable and satellite transmission systems (e.g., DMX, Music Choice), webcasters (e.g., Yahoo!), satellite music services (e.g., XM radio) and others that qualify for the applicable statutory license.
		- A "voluntary license" royalty may be negotiated with those services that offer interactive (on-demand or personalized) listening/downloading services or those services that do not qualify for an available statutory license.
	www.royaltylogic.com /faq.php (1065 words)

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