SECTIN:
2.17
SCOPE OF EXCLUSIVELY RIGHTS IN NON-DRAMATIC
MUSICAL WORKS COMPULSORY LICENSE FOR
MAKING & DISTRIBUTING SOUND RECORDINGS
In the case of non-dramatic musical works, the exclusive rights provided by clauses (a) and
(b) of Section 2.6, to make and to distribute sound recordings of such works are subject to
compulsory licensing under the conditions specified by this Section.
(A)
AVAILABILITY AND SCOPE OF COMPULSORY LICENSE
(I)
(2)
(B)
(C)
When sound recording of non-dramatic musical work have been distributed
to the public in Liberia under the authority of the copyright owner, any other
person may, by complying with the provision of this section, obtain a
compulsory license to make and distribute sound recordings of the work. A
person may obtain a compulsory license only if his or her primary purpose
in making phonorecords is to distribute them to the public for private use. A
person may not obtain a compulsory license for use of the work in making of
sound recordings duplicating a sound recording fixed by another, unless:
(i)
such sound recording was fixed lawfully; and
(ii)
the making of the sound recordings was authorized by the owner of
copyright in the sound recording.
A compulsory license includes the privilege of making a musical
arrangement of the work to the extent necessary to conform it to the style or
manner of interpretation of the performance involved, but the arrangement
shall not change the basic melody of fundamental character of the work, and
shall not be subject to protection as a derivative work under this title, except
with the expressed consent of the copyright owner.
NOTICE OF INTENTION TO OBTAIN COMPULSORY LICENSE
( I)
Any person who wishes to obtain a compulsory license under this section
shall, before or within thirty days after making and before distributing any
sound recordings of the work, serve notice of intention to do so on the
copyright owner. If the registration or other public records of the Copyright
Offices do not identify the copyright owner and include an address at which
notice can be served, it shall be sufficient to file the notice of intention in the
Copyright Office. The notice shall comply, in form, content, and manner of
service, with requirements that the Director General of Copyrights shall
prescribe by regulation.
(2)
Failure to serve or file the notice required by clause (l) forecloses the
possibility of a compulsory license and in the absence of a negotiated license,
renders the making and distribution of sound recordings actionable as acts of
infringement under Section 2.40, and fully subject to the remedies provided
by Sections 2.42,2.48 through 2.52.
ROYALTY PAYABLE UNDER COMPULSORY LICENSE
(l)
To be entitled to receive royalties under a compulsory license, the copyright
owner must be identified in the registration or other public records of the
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