A Notice of Intention to Use is a notice sent by a proposed user of a song (a non-dramatic musical work) informing the copyright owner of such work that the service (such as a Digital Service Provider) intends to make and distribute a phonorecord “recording” of the work pursuant to the compulsory license set forth in Section 115 of the Copyright Act. The proposed user must send an NOI to the copyright owner before or within 30 days of making, and before distributing, any phonorecords of the work. If the music user sends the NOI to the copyright owner, the user must then account and pay statutory royalties to the copyright owner for all exploitations under the statutory compulsory license.
If the proposed user cannot locate the copyright owner in the registration or other public records of the Copyright Office, it is sufficient for the service to file an address unknown NOI with the Copyright Office. Starting in April 2016, the Copyright Office began accepting “bulk” filings of address unknown NOIs and posting them on the Copyright Office website from time to time. It is important to note that if the music user files an address unknown NOI with the Copyright Office, the music user does not have an obligation to pay a royalty to the copyright owner of the song until after the copyright owner becomes identifiable in the public records of the Copyright Office, but the music user is free to exploit the works under the statutory license. The Copyright Office has not posted any accountings for address unknown NOIs. There is no retroactive royalty payment required by the Copyright Act.
NOI LOOKUP provides access only
to address unknown NOIs filed with the Copyright Office and does not provide access to NOIs sent directly to copyright owners. For more information please see https://www.copyright.gov/licensing/sec_115.html