uthority of
the copyright owner, any other person may, by complying with the
provisions of this section, obtain a compulsory license only if his or
her primary purpose in making phonorecords is to distribute them to the
public for private use. A person may obtain a compulsory license for
use of the work in the making of phonorecords duplicating a sound
recording fixed by another, unless: (i) such sound recording was fixed
lawfully; and (ii) the making of the phonorecords was authorized by the
owner of copyright in the sound recording or, if the sound recording
was fixed before February 15, 1972, by any person who fixed the sound
recording pursuant to an express license from the owner of the
copyright in the musical work or pursuant to a valid compulsory license
for use of such work in a sound recording.

(2) A compulsory license includes the privilege of making a musical
arrangement of the work to the extent necessary to conform it to the
style or manner of interpretation of the performance involved, but the
arrangement shall not change the basic melody or fundamental character
of the work, and shall not be subject to protection as a derivative
work under this title, except with the express consent of the copyright
owner.

(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 Licence--

(1) To be entitled to receive royalties under a compulsory license, the
copyright owner must be identified in the registration or other