Stream [Patents] Law and Legal Definition

According to 37 CFR 385.11 [Title 37 -- Patents, Trademarks, and Copyrights; Chapter III -- Copyright Royalty Board, Library of Congress; Subchapter E -- Rates and Terms for Statutory Licenses; Part 385 -- Rates and Terms for use of Musical Works Under Compulsory License for Making and Distributing of Physical and Digital Phonorecords; Subpart B -- Interactive Streaming, Other Incidental Digital Phonorecord Deliveries and Limited Downloads], the term stream means “the digital transmission of a sound recording of a musical work to an end user --

(1) To allow the end user to listen to the sound recording, while maintaining a live network connection to the transmitting service, substantially at the time of transmission, except to the extent that the sound recording remains accessible for future listening from a streaming cache reproduction;

(2) Using technology that is designed such that the sound recording does not remain accessible for future listening, except to the extent that the sound recording remains accessible for future listening from a streaming cache reproduction; and

(3) That is also subject to licensing as a public performance of the musical work.”