General Questions
I have received a "Notice of Intention To Obtain A Compulsory License". What is this about?
A Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords ("NOI") is a legal notice which invokes the compulsory license to make and distribute mechanical reproductions of musical works pursuant to the Copyright Act's Section 115 (17 U.S.C. 115). Music Reports has been retained by a number of clients to invoke the compulsory license for their services by sending these NOIs and then to account to music publishers for those services. The NOI notifies you that the client designated as "Licensee" on the form intends to use your musical works in their service.
What is the compulsory license used for?
The compulsory mechanical license described in Section 115 authorizes a number of different kinds of uses (configurations) of musical works, but our clients are currently relying on the license only for interactive streaming and limited downloads.
How are public performance rights being licensed?
Our clients are licensing performance rights through the US performing rights organizations ASCAP, BMI, and SESAC.
How are the sound recording rights being licensed?
Our clients have obtained licenses for the sound recordings used in their services directly from the copyright owners of those sound recordings, or from those owners' designees.
Can I get electronic copies of these NOIs?
Yes. Due to environmental concerns, we would much prefer to send these NOIs to you electronically rather than by mail. You can opt to have future NOIs posted to your web account at our website, where they will be available to you 24x7 and downloadable in a spreadsheet format. Also, if you receive NOIs in this way, they will contain additional information not included on paper NOIs, such as artist, album, label, and ISRC number which you can sort, copy, and store electronically, and which you may find useful in administering your licenses. You can opt to receive NOIs electronically by visiting your web account on our website and following the on-screen prompts to do so. If you haven't yet been issued a web account, you will receive log in instructions when your first royalty check arrives. When you log in, please make sure to click the "agree" button when asked to opt in to electronic NOIs.
Where can I learn more about the compulsory license for interactive streaming and limited downloads?
- U.S. Copyright Office: http://www.copyright.gov
- Copyright Royalty Board: http://www.loc.gov/crb/
- Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding Final Rule: http://www.loc.gov/crb/fedreg/2009/74fr4510.pdf#page=2
