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DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS

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An exclusive right, provided by a law enacted on November 1, 1995, that allows a copyright owner (with certain limitations) or his assignee, the right to publicly perform a non-dramatic sound recording by means of digital transmissions (such a delivery constitutes a digital phonorecord delivery via digital transmission). These subscription transmissions include radio and television subscription services to end user consumers who pay to receive the digital transmissions. The copyright owner may license subscription transmissions of such performances via a negotiated use license. In the absence of a negotiated license, a perspective user may obtain a compulsory license from the Register of Copyrights and pay a compulsory license royalty fee. A portion of these fees are subsequently allocated to the recording artist. See Cross-links: MECHANICAL LICENSE, MECHANICAL RIGHT, MULTIMEDIA RIGHT, LICENSE under "Performance License," "Synchronization License," COPYRIGHT LAW under "Compulsory License," " Compulsory License for Phonorecords," "Compulsory License Fee," "Statutory Royalty," "Notice of Intention," "Copyright Office," "Copyright," "Copyright Owner," "Exclusive Rights," "Limitations to Exclusive Rights," and "Copyright Royalty Tribunal."


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