Compulsory Licensing Provisions

Section 115 – The “Mechanical License” – Section 115 of the Copyright Act provides a compulsory license to make and distribute phonorecords of musical works, subject to certain terms and conditions, such as: the license is only available after a phonorecord of the musical work has first been distributed to the public in the United States under authority of the copyright owner. A 115 license includes the right to distribute phonorecords of musical works by means of a digital transmission, which constitutes a digital phonorecord delivery (“DPD”).

Section 114 – The “Performance License” - Section 114 of the Copyright Act provides a compulsory license to digitally perform phonorecords, subject to certain terms and conditions, such as the service must be “non-interactive” and comply with certain programming restrictions. The 114 license is intended to address the process of “streaming” performances of phonorecords by means of a digital transmission to listeners, much the same way a radio station plays songs over the air.

Additional Resources

CRB Royalty Rate Setting

CRB Royalty Rate Standards