Public Broadcasting - Section 118

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The Compulsory Licensing Provisions

Section 118 of the Copyright Act, codified in Title 17 of the United States Code, contains a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR part 253 and are subject to adjustment at five-year intervals.

The noncommercial education license provides that copyright owners and public broadcasting entities may voluntarily negotiate licensing agreements at any time, and that such agreements will be given effect in lieu of any determination by the Librarian of Congress provided that copies of such agreements are filed with the Register of Copyrights within 30 days of their execution. 37 CFR 201.9. Those parties not subject to a negotiated license must follow the terms and rates adopted under Chapter 8 of the Copyright Act.