Overview Edit

Another performance licensing exception to copyright infringement claims under the 1976 Copyright Act is the communication to the public of a transmission embodying a performance using a “single receiving apparatus of a kind commonly used in private homes.”[1] This is known as the “home-style” radio exception to performance licensing requirements. The single apparatus exception is subject to two statutory conditions that (1) there be no charge to hear the transmission and (2) the transmission is not further performed to the public.[2]

References Edit

  1. 17 U.S.C. §110(5)(A). A small radio, stereo receiver, or portable boom box may fit within this definition. It is uncertain, however, whether a satellite radio would gain the benefit of this exception.
  2. Id. §§110(5)(A)(i-ii).

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