(b) Notice of Intention to Obtain Compulsory License.-
(1) Any person who wishes to obtain a compulsory license under this
section shall, before or within thirty days after making, and before
distributing any phonorecords of the work, serve notice of intention to
do so on the copyright owner. If the registration or other public
records of the Copyright Office 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 Register of Copyrights shall prescribe by regulation.
(2) Failure to serve or file the notice required by clause (1)
forecloses the possibility of a compulsory license and, in the absence
of a negotiated license, renders the making and distribution of
phonorecords actionable as acts of infringement under section 501 and
fully subject to the remedies provided by sections 502 through 506 and
509.
(c) Royalty Payable Under Compulsory License. [50]-
(1) 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 Copyright Office.
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