Noncommercial Webcaster [Patents] Law and Legal Definition
According to 37 CFR 380.2 (h) [Title 37 -- Patents, Trademarks, and Copyrights; Chapter III -- Copyright Royalty Board, Library of Congress; Subchapter E -- Rates and Terms for Statutory Licenses; Part 380 -- Rates and Terms for Certain Eligible Nonsubscription Transmissions, New Subscription Services and the Making of Ephemeral Reproductions], the term Noncommercial Webcaster “is a Licensee that makes eligible digital audio transmissions and:
(1) Is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501),
(2) 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
(3) Is operated by a State or possession or any governmental entity or subordinate thereof, or by the United States or District of Columbia, for exclusively public purposes.”
