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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter II - U.S. Copyright Office, Library of Congress |
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SubChapter B - Copyright Arbitration Royalty Panel Rules and Procedures |
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Part 263 - Rates and Terms for Certain Transmissions and the Making of Ephemeral Reproductions by Noncommercial Licensees |
§ 263.2 - Definitions.
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§ 263.2 Definitions.
For purposes of this part, the following definition shall apply:
A Noncommercial Licensee is a person or entity that has obtained a compulsory license under 17 U.S.C. 114 and the implementing regulations therefor, or that has obtained a compulsory license under 17 U.S.C. 112(e) and the implementing regulations therefor to make ephemeral recordings for use in facilitating such transmissions, and -
(a) Is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501);
(b) Has applied in good faith to the Internal Revenue Service for exemption from taxation under section 501 of the Internal Revenue Code and has a commercially reasonable expectation that such exemption shall be granted; or
(c) Is a State or possession or any governmental entity or subordinate thereof, or the United States or District of Columbia, making transmissions for exclusively public purposes.