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Compulsory Licenses

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recordOkay, so I’ve said again and again that the person who owns the copyright to a work has the exclusive right to determine when and how it is used. The copyright owner can either give or withhold permission to others for the use of their copyrighted material.

Unless you are a songwriter. There are a few exceptions to the exclusive rights provisions, and perhaps the broadest exception applies to songs.

Section 115 of the US copyright code gives anyone the right to obtain a compulsory license that allows them to record a copyrighted song for distribution to the public, as long as the song has already been recorded and released to the public. The law provides a statutory rate of payment for use of the song, as well as notification and collection procedures.

Songwriters, like parents, must release their babies into the world and hope they find their way. Unlike parents, though, songwriters can expect their babies to send money home, even though they don’t get to approve the way they live.


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