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United States Code (Last Updated: May 24, 2014) |
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Title 17. COPYRIGHTS |
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Chapter 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT |
§ 119. Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite
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(a) Secondary Transmissions by Satellite Carriers.— (1) Non-network stations.— Subject to the provisions of paragraphs (4), (5), and (7) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a non-network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing or for viewing in a commercial establishment, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, and the carrier makes a direct or indirect charge for each retransmission service to each subscriber receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing or for viewing in a commercial establishment. (2) Network stations.— (A) In general.— Subject to the provisions of subparagraph (B) of this paragraph and paragraphs (4), (5), (6), and (7) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, and the carrier makes a direct or indirect charge for such retransmission service to each subscriber receiving the secondary transmission. (B) Secondary transmissions to unserved households.— (i) In general.— The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions of the signals of no more than two network stations in a single day for each television network to persons who reside in unserved households. (ii) Accurate determinations of eligibility.— (I) Accurate predictive model.— In determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98–201, as that model may be amended by the Commission over time under section 339(c)(3) of the Communications Act of 1934 to increase the accuracy of that model. (II) Accurate measurements.— For purposes of site measurements to determine whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the Communications Act of 1934. (III) Accurate predictive model with respect to digital signals.— Notwithstanding subclause (I), in determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A) with respect to digital signals, a court shall rely on a predictive model set forth by the Federal Communications Commission pursuant to a rulemaking as provided in section 339(c)(3) of the Communications Act of 1934 (47 U.S.C. 339(c)(3)), as that model may be amended by the Commission over time under such section to increase the accuracy of that model. Until such time as the Commission sets forth such model, a court shall rely on the predictive model as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005 ).(iii) C-band exemption to unserved households.— (I) In general.— The limitations of clause (i) shall not apply to any secondary transmissions by C-band services of network stations that a subscriber to C-band service received before any termination of such secondary transmissions before October 31, 1999 .(II) Definition.— In this clause, the term “C-band service” means a service that is licensed by the Federal Communications Commission and operates in the Fixed Satellite Service under part 25 of title 47, Code of Federal Regulations. (C) Submission of subscriber lists to networks.— (i) Initial lists.— A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, not later than 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and address, including street or rural route number, city, State, and 9-digit zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission to subscribers in unserved households. (ii) Monthly lists.— After the submission of the initial lists under clause (i), the satellite carrier shall, not later than the 15th of each month, submit to the network a list, aggregated by designated market area, identifying (by name and address, including street or rural route number, city, State, and 9-digit zip code) any persons who have been added or dropped as subscribers under clause (i) since the last submission under this subparagraph. (iii) Use of subscriber information.— Subscriber information submitted by a satellite carrier under this subparagraph may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. (iv) Applicability.— The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents. (3) Statutory license where retransmissions into local market available.— (A) Rules for subscribers to signals under subsection (e).— (i) For those receiving distant signals.— In the case of a subscriber of a satellite carrier who is eligible to receive the secondary transmission of the primary transmission of a network station solely by reason of subsection (e) (in this subparagraph referred to as a “distant signal”), and who, as of October 1, 2004 , is receiving the distant signal of that network station, the following shall apply:(I) In a case in which the satellite carrier makes available to the subscriber the secondary transmission of the primary transmission of a local network station affiliated with the same television network pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network— (aa) if, within 60 days after receiving the notice of the satellite carrier under section 338(h)(1) of the Communications Act of 1934, the subscriber elects to retain the distant signal; but (bb) only until such time as the subscriber elects to receive such local signal. (II) Notwithstanding subclause (I), the statutory license under paragraph (2) shall not apply with respect to any subscriber who is eligible to receive the distant signal of a television network station solely by reason of subsection (e), unless the satellite carrier, within 60 days after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, submits to that television network a list, aggregated by designated market area (as defined in section 122(j)(2)(C)), that— (aa) identifies that subscriber by name and address (street or rural route number, city, State, and zip code) and specifies the distant signals received by the subscriber; and (bb) states, to the best of the satellite carrier’s knowledge and belief, after having made diligent and good faith inquiries, that the subscriber is eligible under subsection (e) to receive the distant signals. (ii) For those not receiving distant signals.— In the case of any subscriber of a satellite carrier who is eligible to receive the distant signal of a network station solely by reason of subsection (e) and who did not receive a distant signal of a station affiliated with the same network on October 1, 2004 , the statutory license under paragraph (2) shall not apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same network.(B) Rules for lawful subscribers as of date of enactment of 2010 act.— In the case of a subscriber of a satellite carrier who, on the day before the date of the enactment of the Satellite Television Extension and Localism Act of 2010, was lawfully receiving the secondary transmission of the primary transmission of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as the “distant signal”), other than subscribers to whom subparagraph (A) applies, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered to be an unserved household with respect to such network, until such time as the subscriber elects to terminate such secondary transmissions, whether or not the subscriber elects to subscribe to receive the secondary transmission of the primary transmission of a local network station affiliated with the same network pursuant to the statutory license under section 122. (C) Future applicability.— (i) When local signal available at time of subscription.— The statutory license under paragraph (2) shall not apply to the secondary transmission by a satellite carrier of the primary transmission of a network station to a person who is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes available to that person the secondary transmission of the primary transmission of a local network station affiliated with the same network pursuant to the statutory license under section 122. (ii) When local signal available after subscription.— In the case of a subscriber who lawfully subscribes to and receives the secondary transmission by a satellite carrier of the primary transmission of a network station under the statutory license under paragraph (2) (in this clause referred to as the “distant signal”) on or after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered to be an unserved household with respect to such network, until such time as the subscriber elects to terminate such secondary transmissions, but only if such subscriber subscribes to the secondary transmission of the primary transmission of a local network station affiliated with the same network within 60 days after the satellite carrier makes available to the subscriber such secondary transmission of the primary transmission of such local network station. (D) Other provisions not affected.— This paragraph shall not affect the applicability of the statutory license to secondary transmissions to unserved households included under paragraph (11). (E) Waiver.— A subscriber who is denied the secondary transmission of a network station under subparagraph (B) or (C) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the network station in the local market affiliated with the same network where the subscriber is located. The network station shall accept or reject the subscriber’s request for a waiver within 30 days after receipt of the request. If the network station fails to accept or reject the subscriber’s request for a waiver within that 30-day period, that network station shall be deemed to agree to the waiver request. Unless specifically stated by the network station, a waiver that was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the Communications Act of 1934 shall not constitute a waiver for purposes of this subparagraph. (F) Available defined.— For purposes of this paragraph, a satellite carrier makes available a secondary transmission of the primary transmission of a local station to a subscriber or person if the satellite carrier offers that secondary transmission to other subscribers who reside in the same 9-digit zip code as that subscriber or person. (4) Noncompliance with reporting and payment requirements.— Notwithstanding the provisions of paragraphs (1) and (2), the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission made by a non-network station or a network station and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506, where the satellite carrier has not deposited the statement of account and royalty fee required by subsection (b), or has failed to make the submissions to networks required by paragraph (2)(C). (5) Willful alterations.— Notwithstanding the provisions of paragraphs (1) and (2), the secondary transmission to the public by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a non-network station or a network station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and section 510, if the content of the particular program in which the performance or display is embodied, or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal. (6) Violation of territorial restrictions on statutory license for network stations.— (A) Individual violations.— The willful or repeated secondary transmission by a satellite carrier of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who is not eligible to receive the transmission under this section is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506, except that— (i) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber, and (ii) any statutory damages shall not exceed $250 for such subscriber for each month during which the violation occurred. (B) Pattern of violations.— If a satellite carrier engages in a willful or repeated pattern or practice of delivering a primary transmission made by a network station and embodying a performance or display of a work to subscribers who are not eligible to receive the transmission under this section, then in addition to the remedies set forth in subparagraph (A)— (i) if the pattern or practice has been carried out on a substantially nationwide basis, the court shall order a permanent injunction barring the secondary transmission by the satellite carrier, for private home viewing, of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $2,500,000 for each 3-month period during which the pattern or practice was carried out; and (ii) if the pattern or practice has been carried out on a local or regional basis, the court shall order a permanent injunction barring the secondary transmission, for private home viewing in that locality or region, by the satellite carrier of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $2,500,000 for each 6-month period during which the pattern or practice was carried out. (C) Previous subscribers excluded.— Subparagraphs (A) and (B) do not apply to secondary transmissions by a satellite carrier to persons who subscribed to receive such secondary transmissions from the satellite carrier or a distributor before November 16, 1988 .(D) Burden of proof.— In any action brought under this paragraph, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is to a subscriber who is eligible to receive the secondary transmission under this section. (E) Exception.— The secondary transmission by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a network station to subscribers who do not reside in unserved households shall not be an act of infringement if— (i) the station on May 1, 1991 , was retransmitted by a satellite carrier and was not on that date owned or operated by or affiliated with a television network that offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;(ii) as of July 1, 1998 , such station was retransmitted by a satellite carrier under the statutory license of this section; and(iii) the station is not owned or operated by or affiliated with a television network that, as of January 1, 1995 , offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States.The court shall direct one half of any statutory damages ordered under clause (i) Act of 1934.
Prospective Amendment
For termination of section by section 107(a) of Pub. L. 111–175, see Termination of Section note below.
References In Text
The date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, referred to in subsec. (a)(3)(A)(i)(II), (E), (13), is the date of the enactment of Pub. L. 108–447, which was approved
The date of the enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(3)(B), (C) and (d)(10)(B), is the date of enactment of Pub. L. 111–175, which shall be deemed to refer to
The Communications Act of 1934, referred to in subsec. (d)(6), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. Sections 338, 339, 342, and 397 of the Act are classified to sections 338, 339, 342, and 397, respectively, of Title 47. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
The date of the enactment of this subsection, referred to in subsec. (g)(1), (2)(A), (E), is the date of enactment of Pub. L. 111–175, which shall be deemed to refer to
The Federal Rules of Civil Procedure, referred to in subsec. (g)(3)(A)(iii), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2010—Pub. L. 111–175, § 102(a)(1), substituted “distant television programming by satellite” for “superstations and network stations for private home viewing” in section catchline.
Subsec. (a). Pub. L. 111–175, § 102(h)(1)(B), (C), redesignated pars. (4) to (14) and (16) as (3) to (13) and (14), respectively, and struck out former pars. (3) and (15) which related to secondary transmissions of significantly viewed signals and carriage of low power television stations, respectively.
Subsec. (a)(1). Pub. L. 111–175, § 102(h)(2)(A)(i), substituted “(4), (5), and (7)” for “(5), (6), and (8)”.
Pub. L. 111–175, § 102(g)(2), which directed amendment of section by substituting “non-network stations” for “superstations” wherever appearing in headings, was executed by substituting “Non-network stations” for “Superstations” in par. (1) heading, to reflect the probable intent of Congress.
Pub. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(2)(A). Pub. L. 111–175, § 102(h)(2)(A)(ii)(I), substituted “subparagraph (B) of this paragraph and paragraphs (4), (5), (6), and (7)” for “subparagraphs (B) and (C) of this paragraph and paragraphs (5), (6), (7), and (8)”.
Subsec. (a)(2)(B)(i). Pub. L. 111–175, § 102(h)(2)(A)(ii)(II), struck out “The limitation in this clause shall not apply to secondary transmissions under paragraph (3).” at end.
Subsec. (a)(2)(B)(ii)(III). Pub. L. 111–175, § 102(i)(1), added subcl. (III).
Subsec. (a)(2)(B)(iii)(II). Pub. L. 111–175, § 102(i)(5), (k)(1), substituted “In this clause,” for “In this clause” and “, Code of Federal Regulations” for “of the Code of Federal Regulations”.
Subsec. (a)(2)(C). Pub. L. 111–175, § 102(h)(1)(A), redesignated subpar. (D) as (C) and struck out former subpar. (C), which related to exceptions.
Subsec. (a)(2)(C)(i), (ii). Pub. L. 111–175, § 102(h)(2)(A)(ii)(III), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which related to initial lists and monthly lists, respectively.
Subsec. (a)(2)(D). Pub. L. 111–175, § 102(h)(1)(A), redesignated subpar. (D) as (C).
Subsec. (a)(3)(A). Pub. L. 111–175, § 102(i)(2)(A), struck out “analog” after “subscribers to” in subpar. heading, substituted “distant” for “distant analog” and “primary” for “primary analog” wherever appearing in headings and text, and struck out “analog” after “receive such local” in cl. (i)(I)(bb).
Subsec. (a)(3)(B), (C). Pub. L. 111–175, § 102(i)(2)(B), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to rules for other subscribers and future applicability, respectively.
Subsec. (a)(3)(D). Pub. L. 111–175, § 102(i)(2)(B), (C), redesignated subpar. (E) as (D) and struck out former subpar. (D) which related to special rules for distant digital signals.
Subsec. (a)(3)(E). Pub. L. 111–175, § 102(i)(2)(C), (D), redesignated subpar. (F) as (E) and substituted “(B) or (C)” for “(C) or (D)”. Former subpar. (E) redesignated (D).
Pub. L. 111–175, § 102(h)(2)(A)(iii), struck out “under paragraph (3) or” after “transmissions” and substituted “paragraph (11)” for “paragraph (12)”.
Subsec. (a)(3)(F), (G). Pub. L. 111–175, § 102(i)(2)(C), (E), redesignated subpar. (G) as (F) and inserted “9-digit” before “zip code”. Former subpar. (F) redesignated (E).
Subsec. (a)(4). Pub. L. 111–175, § 102(i)(4), struck out “and 509” after “506”.
Subsec. (a)(5). Pub. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(6). Pub. L. 111–175, § 102(i)(3)(C), inserted concluding provisions.
Pub. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(6)(A)(ii). Pub. L. 111–175, § 102(i)(3)(A), substituted “$250” for “$5”.
Subsec. (a)(6)(B)(i). Pub. L. 111–175, § 102(i)(3)(B)(i), substituted “$2,500,000 for each 3-month period” for “$250,000 for each 6-month period”.
Subsec. (a)(6)(B)(ii). Pub. L. 111–175, § 102(i)(3)(B)(ii), substituted “$2,500,000” for “$250,000”.
Subsec. (a)(8). Pub. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(11)(A)(i)(I), (II), (B)(iii)(II). Pub. L. 111–175, § 102(k)(1), substituted “, Code of Federal Regulations” for “of the Code of Federal Regulations”.
Subsec. (b). Pub. L. 111–175, § 102(d)(1), amended heading generally. Prior to amendment, heading read as follows: “Statutory License for Secondary Transmissions for Private Home Viewing.—”.
Subsec. (b)(1). Pub. L. 111–175, § 102(h)(2)(B), struck out concluding provisions which read as follows: “Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.”
Subsec. (b)(1)(A). Pub. L. 111–175, § 102(g)(2), substituted “non-network stations” for “superstations”.
Subsec. (b)(1)(B). Pub. L. 111–175, § 102(d)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “a royalty fee for that 6-month period, computed by multiplying the total number of subscribers receiving each secondary transmission of each superstation or network station during each calendar month by the appropriate rate in effect under this section; and”.
Subsec. (b)(1)(C). Pub. L. 111–175, § 102(c), added subpar. (C).
Subsec. (b)(2). Pub. L. 111–175, § 102(d)(4), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 111–175, § 102(d)(3), (5), redesignated par. (2) as (3), inserted “(including the filing fee specified in paragraph (1)(C))” after “shall receive all fees”, and substituted “paragraph (5)” for “paragraph (4)”. Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 111–175, § 102(d)(3), (6), redesignated par. (3) as (4), substituted “paragraph (3)” for “paragraph (2)”, and substituted “paragraph (5)” for “paragraph (4)” in two places. Former par. (4) redesignated (5).
Subsec. (b)(5). Pub. L. 111–175, § 102(d)(3), (7), redesignated par. (4) as (5) and substituted “paragraph (3)” for “paragraph (2)” in introductory provisions.
Subsec. (c)(1). Pub. L. 111–175, § 102(e)(1)(A), struck out “analog” after “fees for” in heading.
Subsec. (c)(1)(A). Pub. L. 111–175, § 102(e)(1)(B), (g)(2), substituted “primary transmissions” for “primary analog transmissions”, “non-network stations” for “superstations”, and “
Subsec. (c)(1)(B). Pub. L. 111–175, § 102(e)(1)(C), (g)(2), substituted “
Subsec. (c)(1)(C). Pub. L. 111–175, § 102(e)(1)(D), substituted “Copyright Royalty Judges” for “Librarian of Congress”.
Subsec. (c)(1)(D)(i). Pub. L. 111–175, § 102(e)(1)(E)(i), inserted heading and substituted “that are parties” for “that a parties”.
Subsec. (c)(1)(D)(ii). Pub. L. 111–175, § 102(e)(1)(E)(ii)(I), inserted heading.
Subsec. (c)(1)(D)(ii)(I). Pub. L. 111–175, § 102(e)(1)(E)(ii)(I), (II), inserted heading and substituted “a proceeding under subparagraph (F)” for “an arbitration proceeding pursuant to subparagraph (E)”.
Subsec. (c)(1)(D)(ii)(II). Pub. L. 111–175, § 102(e)(1)(E)(ii)(III), inserted heading and substituted “Upon receiving a request under subclause (I), the Copyright Royalty Judges” for “Upon receiving a request under subclause (I), the Librarian of Congress”.
Subsec. (c)(1)(D)(ii)(III). Pub. L. 111–175, § 102(e)(1)(E)(ii)(IV), inserted heading and substituted “The Copyright Royalty Judges” for “The Librarian”, “the proceeding under subparagraph (F)” for “an arbitration proceeding”, and “that proceeding” for “the arbitration proceeding”.
Subsec. (c)(1)(E). Pub. L. 111–175, § 102(e)(1)(F), substituted “Copyright Royalty Judges” for “Copyright Office” and “
Pub. L. 111–157, § 9(a)(1)(A), substituted “
Pub. L. 111–151, § 2(a)(1)(A), substituted “
Pub. L. 111–144, § 10(a)(1)(A), substituted “
Subsec. (c)(1)(F). Pub. L. 111–175, § 102(e)(1)(G)(i), substituted “copyright royalty judges proceeding” for “compulsory arbitration” in heading.
Subsec. (c)(1)(F)(i). Pub. L. 111–175, § 102(e)(1)(G)(ii)(I), (II), (IV), (g)(2), in heading, substituted “the proceeding” for “proceedings”, in introductory provisions, substituted “
Subsec. (c)(1)(F)(i)(II). Pub. L. 111–175, § 102(e)(1)(G)(ii)(III), substituted “Copyright Royalty Judges” for “Librarian of Congress” and struck out “arbitration” after “participate in the”.
Subsec. (c)(1)(F)(ii). Pub. L. 111–175, § 102(e)(1)(G)(iii), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “In determining royalty fees under this subparagraph, the copyright arbitration royalty panel appointed under chapter 8, as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 2004 shall establish fees for the secondary transmissions of the primary analog transmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions, except that the Librarian of Congress and any copyright arbitration royalty panel shall adjust those fees to account for the obligations of the parties under any applicable voluntary agreement filed with the Copyright Office pursuant to subparagraph (D). In determining the fair market value, the panel shall base its decision on economic, competitive, and programming information presented by the parties, including—”.
Subsec. (c)(1)(F)(iii). Pub. L. 111–175, § 102(e)(1)(G)(iv), amended cl. (iii) generally. Prior to amendment, text read as follows: “The obligation to pay the royalty fee established under a determination which—
“(I) is made by a copyright arbitration royalty panel in an arbitration proceeding under this paragraph and is adopted by the Librarian of Congress under section 802(f), as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 2004; or
“(II) is established by the Librarian under section 802(f) as in effect on the day before such date of enactment shall be effective as of
Subsec. (c)(1)(F)(iv). Pub. L. 111–175, § 102(e)(1)(G)(v), substituted “fees” for “fee” in heading and substituted “fees referred to in clause (iii)” for “fee referred to in (iii)” in text.
Subsec. (c)(2). Pub. L. 111–175, § 102(e)(2), amended par. (2) generally. Prior to amendment, par. (2) related to applicability and determination of royalty fees for digital signals.
Subsec. (d)(1). Pub. L. 111–175, § 102(f)(6), substituted “that contracts” for “which contracts”.
Subsec. (d)(2)(A). Pub. L. 111–175, § 102(f)(6), substituted “that offer” for “which offer”.
Subsec. (d)(5). Pub. L. 111–175, § 102(f)(6), substituted “that is operated” for “which is operated” and “that serves” for “which serves”.
Subsec. (d)(6). Pub. L. 111–175, § 102(k), substituted “, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, Code of Federal Regulations” for “of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations”.
Subsec. (d)(8). Pub. L. 111–175, § 102(f)(1), amended par. (8) generally. Prior to amendment, text read as follows: “The term ‘subscriber’ means an individual or entity that receives a secondary transmission service by means of a secondary transmission from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor in accordance with the provisions of this section.”
Subsec. (d)(9). Pub. L. 111–175, § 102(g)(1), which directed amendment of section by substituting “non-network station” for “superstation” wherever appearing in headings, was executed by substituting “Non-network station” for “Superstation” in par. (9) heading, to reflect the probable intent of Congress.
Pub. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (d)(10)(A). Pub. L. 111–175, § 102(b)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on
Subsec. (d)(10)(B). Pub. L. 111–175, § 102(b)(1)(B), substituted “subsection (a)(13),” for “subsection (a)(14)” and “Satellite Television Extension and Localism Act of 2010” for “Satellite Home Viewer Extension and Reauthorization Act of 2004”.
Subsec. (d)(10)(D). Pub. L. 111–175, § 102(b)(1)(C), substituted “(a)(11)” for “(a)(12)”.
Subsec. (d)(11). Pub. L. 111–175, § 102(f)(2), amended par. (11) generally. Prior to amendment, text read as follows: “The term ‘local market’ has the meaning given such term under section 122(j), except that with respect to a low power television station, the term ‘local market’ means the designated market area in which the station is located.”
Subsec. (d)(12), (13). Pub. L. 111–175, § 102(f)(3), redesignated pars. (13) and (14) as (12) and (13), respectively, and struck out former par. (12). Text read as follows: “The term ‘low power television station’ means a low power television as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on
Subsec. (d)(14). Pub. L. 111–175, § 102(f)(4), added par. (14). Former par. (14) redesignated (13).
Pub. L. 111–175, § 102(b)(2), added par. (14).
Subsec. (d)(15). Pub. L. 111–175, § 102(f)(5), added par. (15).
Subsec. (e). Pub. L. 111–175, § 102(j), (k)(1), substituted “
Pub. L. 111–157, § 9(a)(1)(B), substituted “
Pub. L. 111–151, § 2(a)(1)(B), substituted “
Pub. L. 111–144, § 10(a)(1)(B), substituted “
Subsec. (g). Pub. L. 111–175, § 105, added subsec. (g).
Subsec. (g)(4)(B)(vi). Pub. L. 111–295 substituted “an examination” for “the examinations”.
2009—Subsecs. (c)(1)(E), (e). Pub. L. 111–118 substituted “
2008—Subsec. (a)(6). Pub. L. 110–403, § 209(a)(4)(A), substituted “section 510” for “sections 509 and 510”.
Subsec. (a)(7)(A). Pub. L. 110–403, § 209(a)(4)(B), struck out “and 509” after “506” in introductory provisions.
Subsec. (a)(8), (13). Pub. L. 110–403, § 209(a)(4)(C), (D), struck out “and 509” after “506”.
2006—Subsec. (b)(4)(B). Pub. L. 109–303, § 4(e)(1)(A), substituted second sentence for former second sentence which read as follows: “If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents.”
Subsec. (b)(4)(C). Pub. L. 109–303, § 4(e)(1)(B), amended subpar. (C) generally. Prior to amendment, text of subpar. (C) read as follows: “During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy.”
Subsec. (c). Pub. L. 109–303, § 4(g), deemed amendment by Pub. L. 108–419, § 5(h), never to have been enacted. See 2004 Amendment note below.
Subsec. (c)(1)(F)(i). Pub. L. 109–303, § 4(e)(2), substituted “arbitration” for “arbitrary” in concluding provisions.
2004—Subsec. (a)(1). Pub. L. 108–447, § 107(a)(1), inserted “or for viewing in a commercial establishment” after “for private home viewing” in two places and substituted “subscriber” for “household”.
Pub. L. 108–447, § 102(1), struck out “and pbs satellite feed” after “Superstations” in heading, substituted “paragraphs (5), (6), and (8)” for “paragraphs (3), (4), and (6)” and struck out “or by the Public Broadcasting Service satellite feed” after “primary transmission made by a superstation” in first sentence, and struck out at end “In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until
Subsec. (a)(2)(A). Pub. L. 108–447, § 102(2)(A), substituted “paragraphs (5), (6), (7), and (8)” for “paragraphs (3), (4), (5), and (6)”.
Subsec. (a)(2)(B)(i). Pub. L. 108–447, § 102(7), inserted at end “The limitation in this clause shall not apply to secondary transmissions under paragraph (3).”
Subsec. (a)(2)(C), (D). Pub. L. 108–447, § 102(2)(B), added subpars. (C) and (D) and struck out heading and text of former subpar. (C). Text read as follows: “A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission. Thereafter, on the 15th of each month, the satellite carrier shall submit to the network a list identifying (by name and street address, including county and zip code) any persons who have been added or dropped as such subscribers since the last submission under this subparagraph. Such subscriber information submitted by a satellite carrier may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents.”
Subsec. (a)(3) to (6). Pub. L. 108–447, §§ 102(5), (6), 103(1), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively.
Subsec. (a)(7). Pub. L. 108–447, § 102(5), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(7)(A). Pub. L. 108–447, § 103(6)(A), substituted “who is not eligible to receive the transmission under this section” for “who does not reside in an unserved household” in introductory provisions.
Subsec. (a)(7)(B). Pub. L. 108–447, § 103(6)(B), substituted “who are not eligible to receive the transmission under this section” for “who do not reside in unserved households” in introductory provisions.
Subsec. (a)(7)(D). Pub. L. 108–447, § 103(6)(C), substituted “is to a subscriber who is eligible to receive the secondary transmission under this section” for “is for private home viewing to an unserved household”.
Subsec. (a)(8). Pub. L. 108–447, § 102(3), (5), redesignated par. (6) as (8) and struck out former par. (8) which related to transitional signal intensity measurement procedures.
Subsec. (a)(9) to (13). Pub. L. 108–447, § 102(4), (5), redesignated pars. (7) and (9) to (12) as (9) and (10) to (13), respectively.
Subsec. (a)(14). Pub. L. 108–447, § 103(2), added par. (14).
Subsec. (a)(15). Pub. L. 108–447, § 104, added par. (15).
Subsec. (a)(16). Pub. L. 108–447, § 111(a), added par. (16).
Subsec. (b)(1). Pub. L. 108–447, § 103(4), inserted at end: “Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.”
Subsec. (b)(1)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “to subscribers”.
Subsec. (b)(1)(B). Pub. L. 108–447, § 103(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “a royalty fee for that 6-month period, computed by—
“(i) multiplying the total number of subscribers receiving each secondary transmission of a superstation during each calendar month by 17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Federal Regulations;
“(ii) multiplying the number of subscribers receiving each secondary transmission of a network station or the Public Broadcasting Service satellite feed during each calendar month by 6 cents; and
“(iii) adding together the totals computed under clauses (i) and (ii).”
Subsec. (b)(3). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmission”.
Pub. L. 108–419, § 5(g)(1), substituted “Copyright Royalty Judges” for “Librarian of Congress”.
Subsec. (b)(4)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmissions”.
Pub. L. 108–419, § 5(g)(2)(A), substituted “Copyright Royalty Judges” for “Librarian of Congress” in two places.
Subsec. (b)(4)(B), (C). Pub. L. 108–419, § 5(g)(2)(B), reenacted headings without change and amended text generally, substituting provisions relating to duties of Copyright Royalty Judges concerning determination of royalty fee controversies and distribution of royalty fees for provisions relating to duties of Librarian of Congress relating to such determination and distribution.
Subsec. (c). Pub. L. 108–447, § 103(5), amended heading and text of subsec. (c) generally. Prior to amendment, text related to adjustment, determination, arbitration, and reduction of royalty fees.
Pub. L. 108–419, § 5(h), which directed amendment of subsec. (c) by substituting “Copyright Royalty Judges” for “Librarian of Congress” in par. (2)(B), “Copyright Royalty Judges shall prescribe as provided in section 803(b)(6)” for “Register of Copyrights shall prescribe” in par. (2)(C), “proceedings” for “arbitration proceedings” and for “arbitration proceeding” in par. (3)(A), “Copyright Royalty Judges” for “copyright arbitration royalty panel appointed under chapter 8” and “Copyright Royalty Judges shall base their determination” for “panel shall base its decision” in par. (3)(B), “determination under chapter 8” for “decision of arbitration panel or order of librarian” in heading of par. (3)(C), and “(i) is made by the Copyright Royalty Judges pursuant to this paragraph and becomes final, or” and “(ii) is made by the court on appeal under section 803(d)(3),” for cls. (i) and (ii), respectively, of par. (3)(C), was deemed never to have been enacted by Pub L. 109–303, § 4(g). See Removal of Inconsistent Provisions note below.
Subsec. (d)(1). Pub. L. 108–447, § 107(a)(3), struck out “for private home viewing” after “individual subscribers” and inserted “in accordance with the provisions of this section” before the period at end.
Subsec. (d)(2)(A). Pub. L. 108–447, § 105(1), substituted “a television station licensed by the Federal Communications Commission” for “a television broadcast station”.
Subsec. (d)(6). Pub. L. 108–447, § 107(a)(4), inserted “pursuant to this section” before period at end.
Subsec. (d)(8). Pub. L. 108–447, § 107(a)(5), substituted “or entity that” for “who”, struck out “for private home viewing” after “transmission service”, and inserted “in accordance with the provisions of this section” before period at end.
Subsec. (d)(9). Pub. L. 108–447, § 105(2), amended heading and text of par. (9) generally. Prior to amendment, text read as follows: “The term ‘superstation’—
“(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and
“(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.”
Subsec. (d)(10)(B). Pub. L. 108–447, § 105(3)(A), substituted “that meets the standards of subsection (a)(14) whether or not the waiver was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004” for “granted under regulations established under section 339(c)(2) of the Communications Act of 1934”.
Subsec. (d)(10)(D). Pub. L. 108–447, § 105(3)(B), substituted “(a)(12)” for “(a)(11)”.
Subsec. (d)(11) to (13). Pub. L. 108–447, § 105(4), added pars. (11) to (13) and struck out former pars. (11) and (12) which read as follows:
“(11) Local market.—The term ‘local market’ has the meaning given such term under section 122(j).
“(12) Public broadcasting service satellite feed.—The term ‘Public Broadcasting Service satellite feed’ means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.”
Subsec. (e). Pub. L. 108–447, § 101(b), substituted “
Subsec. (f). Pub. L. 108–447, § 108, added subsec. (f).
2002—Subsec. (a)(1). Pub. L. 107–273, § 13209(3)(B), amended Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)]. See 1999 Amendment note below.
Pub. L. 107–273, § 13209(3)(A), amended Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(a)]. See 1999 Amendment note below.
Subsec. (a)(2)(A). Pub. L. 107–273, § 13209(1)(A), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(2)]. See 1999 Amendment note below.
Subsec. (a)(6). Pub. L. 107–273, § 13210(1), substituted “of a performance” for “of performance”.
Subsec. (a)(12). Pub. L. 107–273, § 13209(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(3)]. See 1999 Amendment note below.
Subsec. (b)(1)(A). Pub. L. 107–273, § 13210(8), substituted “retransmitted” for “transmitted” and “retransmissions” for “transmissions”.
Subsec. (b)(1)(B)(ii). Pub. L. 107–273, § 13209(2), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(b)]. See 1999 Amendment note below.
1999—Subsec. (a)(1). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)], as amended by Pub. L. 107–273, § 13209(3)(B), substituted “performance or display of a work embodied in a primary transmission made by a superstation or by the Public Broadcasting Service satellite feed” for “primary transmission made by a superstation and embodying a performance or display of a work”.
Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(1)], inserted “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”.
Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(a)], as amended by Pub. L. 107–273, § 13209(3)(A), in heading substituted “Superstations and pbs satellite feed” for “Superstations” and in text inserted “In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until
Subsec. (a)(2)(A). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)], substituted “a performance or display of a work embodied in a primary transmission made by a network station” for “programming contained in a primary transmission made by a network station and embodying a performance or display of a work”.
Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(2)], as amended by Pub. L. 107–273, § 13209(1)(A), inserted “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”.
Subsec. (a)(2)(B). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(2)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions to persons who reside in unserved households.”
Subsec. (a)(2)(C). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(c)], struck out “currently” after “all subscribers to which the satellite carrier” in first sentence.
Subsec. (a)(4). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(C)], inserted “a performance or display of a work embodied in” after “by a satellite carrier of” and struck out “and embodying a performance or display of a work” after “network station”.
Subsec. (a)(5)(E). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(b)], added subpar. (E).
Subsec. (a)(6). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(D)], inserted “performance or display of a work embodied in” after “by a satellite carrier of” and struck out “and embodying a performance or display of a work” after “network station”.
Subsec. (a)(8)(C)(ii). Pub. L. 106–44 substituted “within the network station’s” for “within the network’s station” in first sentence.
Subsec. (a)(11). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(d)], added par. (11).
Subsec. (a)(12). Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(3)], as amended by Pub. L. 107–273, § 13209(1)(B), added par. (12).
Subsec. (b)(1)(B)(ii). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(b)], as amended by Pub. L. 107–273, § 13209(2), inserted “or the Public Broadcasting Service satellite feed” after “network station”.
Subsec. (c)(4), (5). Pub. L. 106–113, § 1000(a)(9) [title I, § 1004], added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 106–113, § 1000(a)(9) [title I, § 1008(b)], substituted a semicolon for the period at end of subpar. (B) and inserted concluding provisions.
Subsec. (d)(9). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(1)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘superstation’ means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier.”
Subsec. (d)(10). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(1)], added par. (10) and struck out heading and text of former par. (10). Text read as follows: “The term ‘unserved household’, with respect to a particular television network, means a household that—
“(A) cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-the-air signal of grade B intensity (as defined by the Federal Communications Commission) of a primary network station affiliated with that network, and
“(B) has not, within 90 days before the date on which that household subscribes, either initially or on renewal, to receive secondary transmissions by a satellite carrier of a network station affiliated with that network, subscribed to a cable system that provides the signal of a primary network station affiliated with that network.”
Subsec. (d)(11). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(e)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘local market’ means the area encompassed within a network station’s predicted Grade B contour as that contour is defined by the Federal Communications Commission.”
Subsec. (d)(12). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(2)], added par. (12).
Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(c)], amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “No provision of section 111 of this title or any other law (other than this section) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carrier for private home viewing of programming contained in a primary transmission made by a superstation or a network station may be made without obtaining the consent of the copyright owner.”
1997—Subsec. (a)(5)(C). Pub. L. 105–80, § 1(3), amended Pub. L. 103–369, § 2(5)(A). See 1994 Amendment note below.
Subsec. (b)(1)(B)(i). Pub. L. 105–80, § 1(1), amended Pub. L. 103–369, § 2(3)(A). See 1994 Amendment note below.
Subsec. (c)(1). Pub. L. 105–80, § 12(a)(8), which directed substitution of “unless” for “until unless” before “a royalty fee”, could not be executed because “until” did not appear subsequent to amendment by Pub. L. 103–369, § 2(4)(A), as amended by Pub. L. 105–80, § 1(2). See 1994 Amendment note below.
Pub. L. 105–80, § 1(2), amended Pub. L. 103–369, § 2(4)(A). See 1994 Amendment note below.
Subsec. (c)(2)(A), (D), (3)(A)–(C). Pub. L. 105–80, § 1(2), amended Pub. L. 103–369, § 2(4). See 1994 Amendment notes below.
1995—Subsec. (a)(1), (2)(A). Pub. L. 104–39 inserted “and section 114(d)” after “of this subsection”.
1994—Subsec. (a)(2)(C). Pub. L. 103–369, § 2(1), struck out “90 days after the effective date of the Satellite Home Viewer Act of 1988, or” before “90 days after commencing”, “whichever is later,” before “submit to the network that owns”, and “, on or after the effective date of the Satellite Home Viewer Act of 1988,” after “Register of Copyrights”, and inserted “name and” after “identifying (by” in two places.
Subsec. (a)(5)(C). Pub. L. 103–369, § 2(5)(A), as amended by Pub. L. 105–80, § 1(3), substituted “
Subsec. (a)(5)(D). Pub. L. 103–369, § 2(2), added subpar. (D).
Subsec. (a)(8) to (10). Pub. L. 103–369, § 2(5)(B), added pars. (8) to (10).
Subsec. (b)(1)(B)(i). Pub. L. 103–369, § 2(3)(A), as amended by Pub. L. 105–80, § 1(1), substituted “17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Federal Regulations” for “12 cents”.
Subsec. (b)(1)(B)(ii). Pub. L. 103–369, § 2(3)(B), substituted “6 cents” for “3 cents”.
Subsec. (c)(1). Pub. L. 103–369, § 2(4)(A), as amended by Pub. L. 105–80, § 1(2), struck out “until
Subsec. (c)(2)(A). Pub. L. 103–369, § 2(4)(B)(i), as amended by Pub. L. 105–80, § 1(2), substituted “
Subsec. (c)(2)(D). Pub. L. 103–369, § 2(4)(B)(ii), as amended by Pub. L. 105–80, § 1(2), substituted “
Subsec. (c)(3)(A). Pub. L. 103–369, § 2(4)(C)(i), as amended by Pub. L. 105–80, § 1(2), substituted “
Subsec. (c)(3)(B). Pub. L. 103–369, § 2(4)(C)(ii), as amended by Pub. L. 105–80, § 1(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
“(B) Factors for determining royalty fees.—In determining royalty fees under this paragraph, the copyright arbitration royalty panel appointed under chapter 8 shall consider the approximate average cost to a cable system for the right to secondarily transmit to the public a primary transmission made by a broadcast station, the fee established under any voluntary agreement filed with the Copyright Office in accordance with paragraph (2), and the last fee proposed by the parties, before proceedings under this paragraph, for the secondary transmission of superstations or network stations for private home viewing. The fee shall also be calculated to achieve the following objectives:
“(i) To maximize the availability of creative works to the public.
“(ii) To afford the copyright owner a fair return for his or her creative work and the copyright user a fair income under existing economic conditions.
“(iii) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication.
“(iv) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices.”
Subsec. (c)(3)(C). Pub. L. 103–369, § 2(4)(C)(iii), as amended by Pub. L. 105–80, § 1(2), inserted before period at end “or
Subsec. (d)(2). Pub. L. 103–369, § 2(6)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(2) Network station.—The term ‘network station’ has the meaning given that term in section 111(f) of this title, and includes any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station.”
Subsec. (d)(6). Pub. L. 103–369, § 2(6)(B), inserted “and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations” after “Federal Communications Commission”.
Subsec. (d)(11). Pub. L. 103–369, § 2(6)(C), added par. (11).
1993—Subsec. (b)(1). Pub. L. 103–198, § 5(1)(A), struck out “, after consultation with the Copyright Royalty Tribunal,” in introductory provisions after “Register shall” and in subpar. (A) after “Copyrights may”.
Subsec. (b)(2), (3). Pub. L. 103–198, § 5(1)(B), (C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal”.
Subsec. (b)(4). Pub. L. 103–198, § 5(1)(D), in subpar. (A), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” after “claim with the” and for “Tribunal” after “requirements that the”, in subpar. (B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” before “shall determine” and for “Tribunal” wherever else appearing, and substituted “convene a copyright arbitration royalty panel” for “conduct a proceeding”, and in subpar. (C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal”.
Subsec. (c). Pub. L. 103–198, § 5(2)(A), substituted “Adjustment” for “Determination” in heading.
Subsec. (c)(2). Pub. L. 103–198, § 5(2)(B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in subpars. (A) and (B).
Subsec. (c)(3)(A). Pub. L. 103–198, § 5(2)(C)(i), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” and substituted last sentence for former last sentence which read as follows: “Such notice shall include the names and qualifications of potential arbitrators chosen by the Tribunal from a list of available arbitrators obtained from the American Arbitration Association or such similar organization as the Tribunal shall select.”
Subsec. (c)(3)(B). Pub. L. 103–198, § 5(2)(C)(ii), (iii), redesignated subpar. (D) as (B), substituted “copyright arbitration royalty panel appointed under chapter 8” for “Arbitration Panel” in introductory provisions, and struck out former subpar. (B) which provided for the selection of an Arbitration Panel.
Subsec. (c)(3)(C). Pub. L. 103–198, § 5(2)(C)(ii), (v), redesignated subpar. (G) as (C), amended subpar. generally, substituting provisions relating to period during which decision of arbitration panel or order of Librarian of Congress becomes effective for provisions relating to period during which decision of Arbitration Panel or order of Copyright Royalty Tribunal became effective, and struck out former subpar. (C) which related to proceedings in arbitration.
Subsec. (c)(3)(D). Pub. L. 103–198, § 5(2)(C)(vi), redesignated subpar. (H) as (D) and substituted “referred to in subparagraph (C)” for “adopted or ordered under subparagraph (F)”. Former subpar. (D) redesignated (B).
Subsec. (c)(3)(E) to (H). Pub. L. 103–198, § 5(2)(C)(iv)–(vi)(I), struck out subpar. (E) which required the Arbitration Panel to report to the Copyright Royalty Tribunal not later than 60 days after publication of notice initiating an arbitration proceeding, struck out subpar. (F) which required action by the Tribunal within 60 days after receiving the report by the Panel, and redesignated subpars. (G) and (H) as (C) and (D), respectively.
Subsec. (c)(4). Pub. L. 103–198, § 5(2)(D), struck out par. (4) which established procedures for judicial review of decisions of the Copyright Royalty Tribunal.
Effective Date Of Amendment
Amendment by Pub. L. 111–175 effective
Amendment by Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title.
Amendment by Pub. L. 108–419 effective 6 months after
Amendment by section 1000(a)(9) [title I, §§ 1004, 1006] of Pub. L. 106–113 effective
Pub. L. 105–80, § 13,
Amendment by Pub. L. 104–39 effective 3 months after
Pub. L. 103–369, § 6,
Effective Date
Pub. L. 100–667, title II, § 206,
Pub. L. 100–667, title II, § 207,
Miscellaneous
Pub. L. 111–175, title I, § 107(a),
Pub. L. 111–118, div. B, § 1003(a)(2)(A),
Pub. L. 103–369, § 4(a),
Pub. L. 109–303, § 4(g),
Pub. L. 108–447, div. J, title IX [title I, § 106],
Pub. L. 103–369, § 5,