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1 sounds, even though such sounds imitate or simulate those in the 2 copyrighted sound recording. 3 (c) This section does not limit or impair the exclusive right to per4 form publicly, by means of a phonorecord, any of the works specified 5. by section 106(a)(4). 6 8 113. Scope of exclusive rights in nondramatic musical works: 7

Compulsory license for making and distributing phono8

records 9 In the case of nondramatic musical works, the exclusive rights pro10 vided by clauses (1) and (3) of section 106(a), to make and to dis11 tribute phonorecords of such works, are subject to compulsory licensing 12 under the conditions specified by this section. 13 (a) AVAILABILITY AND SCOPE OF COMPULSORY LICENSE.—

(1) When phonorecords of a nondramatic musical work have 16 been distributed to the public under the authority of the copyright 16 owner, any other person may, by complying with the provisions 17 of this section, obtain a compulsory license to make and distribute 18 phonorecords of the work. A person may obtain a compulsory 19 license only if his primary purpose in making phonorecords is to 20 distribute them to the public for private use. 21

(2) A compulsory license includes the privilege of making a 22 musical arrangement of the work to the extent necessary to con23

form it to the style or manner of interpretation of the performance 24 involved, but the arrangement shall not change the basic melody 25 or fundamental character of the work, and shall not be subject to 26 protection as a derivative work under this title, except with the 27

express consent of the copyright owner. 28 (b) NOTICE OF INTENTION TO OBTAIN COMPULSORY LICENSE.— 29

(1) Any person who wishes to obtain a compulsory license un30

der this section shall, before or within thirty days after making, 31 and before distributing any phonorecords of the work, serve notice 32 of his intention to do so on the copyright owner. If the registra33

tion or other public records of the Copyright Office do not identify 34 the copyright owner and include an address at which notice can be 35 served on him, it shall be sufficient to file the notice of intention in 36

the Copyright Office. The notice shall comply, in form, content,

and manner of service, with requirements that the Register of 38 Copyrights shall prescribe by regulation. 39

(2) Failure to serve or file the notice as required in clause (1) 40 forecloses the possibility of a compulsory license and, in the ab

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1 g 202. Ownership of copyright as distinct from ownership of 2

material object 3 Ownership of a copyright, or of any of the exclusive rights under 4 a copyright, is distinct from ownership of any material object in which 5 the work is embodied. Transfer of ownership of any material object, 6 including the copy or phonorecord in which the work is first fixed, 7 does not of itself convey any exclusive rights in the copyrighted work 8 embodied in the object; nor, in the absence of an agreement, does trans9 fer of ownership of a copyright or of any exclusive rights under a copy10 right convey property rights in any material object. 11 8 203. Termination of transfers and licenses granted by the 12

author 13 (a) CONDITIONS FOR TERMINATION.- In the case of any work other 14 than a work made for hire, the exclusive or nonexclusive grant of a

transfer or license of copyright or of any right under a copyright, 16 executed by the author on or after January 1, 1967, otherwise than 17 by will, is subject to termination under the following conditions: 18

(1) Termination of the grant may be effected by the author 19 who executed it. If the author is dead, termination may be ef20 fected by his widow (or her widower) and children; the children 21 of any dead child of the author succeed to the right of their 22 parent for this purpose. 23

(2) Termination of the grant may be effected at any time dur24 ing a period of five years beginning at the end of 35 years from 25 the date of execution of the grant; or, if the grant covers the 26 right of first publication of the work, the period begins at the end 27 of 35 years from the date of first publication of the work or at 28 the end of 40 years from the date of execution of the grant, which29 ever term ends earlier. 30

(3) The termination shall be effected by serving an advance 31

notice in writing, signed by the author or, if he is dead, by all of 32

those entitled to terminate his grant under clause (1) of this 33

subsection, or by their duly authorized agents, upon the grantee 34

or his successor in title. 35

(A) The notice shall state the effective date of the termi36

nation, which shall fall within the five-year period specified 37

by clause (2) of this subsection, and the notice shall be served 38

not less than two or more than ten years before that date. A 39

copy of the notice shall be recorded in the Copyright Office 40

before the effective date of termination, as a condition to its 41

taking effect.

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(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copy

rights shall prescribe by regulation. (4) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make

a will or to make any future grant. (b) EFFECT OF TERMINATION.Upon the effective date of termination, all rights under this title that were covered by the terminated grant revert to the author or, if he is dead, to all of those entitled to terminate his grant under clause (1) of subsection (a), but with the following limitations:

(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons effecting the termination and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (3) of subsection (a).

(3) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (3) of subsection (a). Where the rights revert to the author's 'widow and one or more of his children or grandchildren, the widow is entitled to a one-half interest in the reverted rights. The interests of the author's children and grandchildren shall in all cases be divided among them on a per stirpes basis according to the number of his children represented.

(4) Termination of a grant under this section shall affect only those rights covered by the grant that arise under this title, and shall in no way affect rights arising under any other Federal, State, or foreign laws.

(5) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided in this title.

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1 8 202. Ownership of copyright as distinct from ownership of 2

material object 3 Ownership of a copyright, or of any of the exclusive rights under 4 a copyright, is distinct from ownership of any material object in which 5 the work is embodied. Transfer of ownership of any material object, 6 including the copy or phonorecord in which the work is first fixed, 7 does not of itself convey any exclusive rights in the copyrighted work 8 embodied in the object; nor, in the absence of an agreement, does trans9 fer of ownership of a copyright or of any exclusive rights under a copy10 right convey property rights in any material object. 11 8 203. Termination of transfers and licenses granted by the

author 13 (a) CONDITIONS FOR TERMINATION.-In the case of any work other 14 than a work made for hire, the exclusive or nonexclusive grant of a 15 transfer or license of copyright or of any right under a copyright, 16 executed by the author on or after January 1, 1967, otherwise than 17 by will, is subject to termination under the following conditions: 18

(1) Termination of the grant may be effected by the author 19 who executed it. If the author is dead, termination may be ef20 fected by his widow (or her widower) and children; the children 21 of any dead child of the author succeed to the right of their 22 parent for this purpose. 23

(2) Termination of the grant may be effected at any time dur24 ing a period of five years beginning at the end of 35 years from 25 the date of execution of the grant; or, if the grant covers the 26 right of first publication of the work, the period begins at the end 27 of 35 years from the date of first publication of the work or at 28 the end of 40 years from the date of execution of the grant, which29 ever term ends earlier.

(3) The termination shall be effected by serving an advance 31

notice in writing, signed by the author or, if he is dead, by all of 32

those entitled to terminate his grant under clause (1) of this 33

subsection, or by their duly authorized agents, upon the grantee 34

or his successor in title. 35

(A) The notice shall state the effective date of the termi36

nation, which shall fall within the five-year period specified

by clause (2) of this subsection, and the notice shall be served 38

not less than two or more than ten years before that date. A 39

copy of the notice shall be recorded in the Copyright Office 40

before the effective date of termination, as a condition to its 41

taking effect.

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(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copy

rights shall prescribe by regulation. (4) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make

a will or to make any future grant. (b) EFFECT OF TERMINATION.—Upon the effective date of termination, all rights under this title that were covered by the terminated grant revert to the author or, if he is dead, to all of those entitled to terminate his grant under clause (1) of subsection (a), but with the . following limitations :

(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons effecting the termination and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (3) of subsection (a).

(3) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (3) of subsection (a). Where the rights revert to the author's 'widow and one or more of his children or grandchildren, the widow is entitled to a one-half interest in the reverted rights. The interests of the author's children and grandchildren shall in all cases be divided among them on a per stirpes basis according to the number of his children represented.

(4) Termination of a grant under this section shall affect only those rights covered by the grant that arise under this title, and shall in no way affect rights arising under any other Federal, State, or foreign laws.

(5) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided in this title.

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