Understanding Noncommercial Licensee [Patents]: A Comprehensive Guide
Definition & Meaning
A noncommercial licensee is an individual or organization that has secured a compulsory license to make certain types of recordings or transmissions under U.S. copyright law. Specifically, this applies to licenses under 17 U.S.C. 114 for making sound recordings and under 17 U.S.C. 112(e) for creating ephemeral recordings. To qualify as a noncommercial licensee, the entity must meet specific criteria, including being exempt from federal taxation or being a governmental entity that makes transmissions for public purposes.
Legal Use & context
The term noncommercial licensee is relevant in copyright law, particularly in the context of music and broadcasting. Noncommercial licensees often include educational institutions, nonprofit organizations, and governmental entities that transmit music or other copyrighted material without profit motives. Users can manage related legal forms through platforms like US Legal Forms, which provide templates for obtaining necessary licenses and complying with regulations.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A local nonprofit radio station that plays music without charging listeners may qualify as a noncommercial licensee, allowing it to operate under the compulsory licenses provided by copyright law.
Example 2: A public school that streams educational content online, including music, may also be considered a noncommercial licensee if it meets the necessary criteria. (hypothetical example)
Relevant laws & statutes
The primary statutes governing noncommercial licensees are:
- 17 U.S.C. 114 - This statute covers the compulsory licensing of sound recordings.
- 17 U.S.C. 112(e) - This statute pertains to the making of ephemeral recordings for certain transmissions.