A noncommercial webcaster is an entity that broadcasts eligible digital audio transmissions without the intent of making a profit. To qualify as a noncommercial webcaster, the entity must meet specific criteria outlined in U.S. law. These criteria ensure that the webcaster operates primarily for public benefit rather than for commercial gain.
The term "noncommercial webcaster" is used primarily in copyright law, particularly in the context of digital audio transmissions. It is relevant for organizations that wish to stream music or audio content without incurring licensing fees typically associated with commercial broadcasting. This includes educational institutions, public radio stations, and nonprofit organizations. Users can often manage their compliance with the help of legal templates available through services like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A nonprofit community radio station that streams local music and educational programs online qualifies as a noncommercial webcaster.
Example 2: A state university that provides streaming audio content of lectures and events for public access also fits this definition. (hypothetical example)
The primary legal reference for noncommercial webcasters is found in Title 37 of the Code of Federal Regulations, specifically section 380.2 (h), which outlines the criteria for noncommercial webcasting.
| Term | Definition | Key Differences |
|---|---|---|
| Commercial Webcaster | An entity that broadcasts digital audio transmissions for profit. | Focuses on profit generation and is subject to different licensing fees. |
| Podcast | A digital audio file made available for streaming or download. | Podcasts may be commercial or noncommercial; noncommercial podcasts do not fit the webcaster definition unless they meet specific criteria. |
If you believe your organization qualifies as a noncommercial webcaster, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | None for eligible noncommercial webcasters |
| Jurisdiction | Federal law applies, specifically copyright law |
| Possible Penalties | Fines for noncompliance with copyright regulations |
An organization that broadcasts digital audio transmissions without profit and meets specific IRS criteria.