Noncommercial webcaster

In Section 114 of the 1976 Copyright Act, the term noncommercial webcaster is defined as "a webcaster that &mdash;
 * (I)is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501);


 * (II)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


 * (III)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 . . ."

17 U.S.C. §114(f)(5)(E).