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George Meredith - "Lord Ormont and his Aminta, v1"

Unknown - "The Bible, Douay Rheims, Book 72: Jude"

Unknown - "The Bible, King James version, Book 50: Philippians"

Grace M. Remick - "Glenloch Girls"

Copyright Law of the United States of America

T >> The US Copyright Office >> Copyright Law of the United States of America




(B) Determination of controversy; distributions. After the first day of
August of each year, the Librarian of Congress shall determine whether
there exists a controversy concerning the distribution of royalty fees.
If the Librarian of Congress determines 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. If the Librarian of Congress finds the existence of a
controversy, the Librarian of Congress shall, pursuant to chapter 8 of
this title, convene a copyright arbitration royalty panel to determine
the distribution of royalty fees.

(C) Withholding of fees during controversy. During the pendency of any
proceeding under this subsection, the Librarian of Congress shall
withhold from distribution an amount sufficient to satisfy all claims
with respect to which a controversy exists, but shall have discretion to
proceed to distribute any amounts that are not in controversy.

(c) Adjustment of Royalty Fees.-

(1) Applicability and determination of royalty fees. The rate of the
royalty fee payable under subsection (b)(1)(B) shall be effective unless
a royalty fee is established under paragraph (2) or (3) of this
subsection.

(2) Fee set by voluntary negotiation.-

(A) Notice of initiation of proceedings. On or before July 1, 1996, the
Librarian of Congress shall cause notice to be published in the Federal
Register of the initiation of voluntary negotiation proceedings for the
purpose of determining the royalty fee to be paid by satellite carriers
under subsection (b)(1)(B).

(B) Negotiations. Satellite carriers, distributors, and copyright owners
entitled to royalty fees under this section shall negotiate in good
faith in an effort to reach a voluntary agreement or voluntary
agreements for the payment of royalty fees. Any such satellite carriers,
distributors, and copyright owners may at any time negotiate and agree
to the royalty fee, and may designate common agents to negotiate, agree
to, or pay such fees. If the parties fail to identify common agents, the
Librarian of Congress shall do so, after requesting recommendations from
the parties to the negotiation proceeding. The parties to each
negotiation proceeding shall bear the entire cost thereof.

(C) Agreements binding on parties; filing of agreements. Voluntary
agreements negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers, distributors, and
copyright owners that are parties thereto. Copies of such agreements
shall be filed with the Copyright Office within 30 days after execution
in accordance with regulations that the Register of Copyrights shall
prescribe.

(D) Period agreement is in effect. The obligation to pay the royalty
fees established under a voluntary agreement which has been filed with
the Copyright Office in accordance with this paragraph shall become
effective on the date specified in the agreement, and shall remain in
effect until December 31, 1999, or in accordance with the terms of the
agreement, whichever is later.

(3) Fee set by compulsory arbitration.-

(A) Notice of initiation of proceedings. On or before January 1, 1997,
the Librarian of Congress shall cause notice to be published in the
Federal Register of the initiation of arbitration proceedings for the
purpose of determining a reasonable royalty fee to be paid under
subsection (b)(1)(B) by satellite carriers who are not parties to a
voluntary agreement filed with the Copyright Office in accordance with
paragraph (2). Such arbitration proceeding shall be conducted under
chapter 8.

(B) Establishment of royalty fees. In determining royalty fees under
this paragraph, the copyright arbitration royalty panel appointed under
chapter 8 shall establish fees for the retransmission of network
stations and superstations that most clearly represent the fair market
value of secondary transmissions. In determining the fair market value,
the panel shall base its decision on economic, competitive, and
programming information presented by the parties, including-

(i) the competitive environment in which such programming is
distributed, the cost of similar signals in similar private and
compulsory license marketplaces, and any special features and conditions
of the retransmission marketplace;

(ii) the economic impact of such fees on copyright owners and satellite
carriers; and

(iii) the impact on the continued availability of secondary
transmissions to the public.

(C) Period during which decision of arbitration panel or order of
librarian effective. 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), or

(ii) is established by the Librarian of Congress under section 802(f),
shall become effective as provided in section 802(g ), or July 1, 1997,
whichever is later.

(D) Persons subject to royalty fee. The royalty fee referred to in
subparagraph (C) shall be binding on all satellite carriers,
distributors, and copyright owners, who are not party to a voluntary
agreement filed with the Copyright Office under paragraph (2).

(4) Reduction. [62]-

(A) Superstation. The rate of the royalty fee in effect on January 1,
1998, payable in each case under subsection (b)(1)(B)(i) shall be
reduced by 30 percent.

(B) Network and public broadcasting satellite feed. The rate of the
royalty fee in effect on January 1, 1998, payable under subsection (b)
(1)(B)(ii) shall be reduced by 45 percent.

(5) Public broadcasting service as agent. For purposes of section 802,
with respect to royalty fees paid by satellite carriers for
retransmitting the Public Broadcasting Service satellite feed, the
Public Broadcasting Service shall be the agent for all public television
copyright claimants and all Public Broadcasting Service member
stations. [63]

(d) Definitions. As used in this section-

(1) Distributor. The term "distributor" means an entity which contracts
to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming,
provides the secondary transmission either directly to individual
subscribers for private home viewing or indirectly through other program
distribution entities.

(2) Network station. The term "network station" means-

(A) a television broadcast station, including any translator station or
terrestrial satellite station that rebroadcasts all or substantially all
of the programming broadcast by a network station, that is owned or
operated by, or affiliated with, one or more of the television networks
in the United States which offer an interconnected program service on a
regular basis for 15 or more hours per week to at least 25 of its
affiliated television licensees in 10 or more States; or

(B) a noncommercial educational broadcast station (as defined in section
397 of the Communications Act of 1934).

(3) Primary network station. The term "primary network station" means a
network station that broadcasts or rebroadcasts the basic programming
service of a particular national network.

(4) Primary transmission. The term "primary transmission" has the
meaning given that term in section 111(f) of this title.

(5) Private home viewing. The term "private home viewing" means the
viewing, for private use in a household by means of satellite reception
equipment which is operated by an individual in that household and which
serves only such household, of a secondary transmission delivered by a
satellite carrier of a primary transmission of a television station
licensed by the Federal Communications Commission.

(6) Satellite carrier. The term "satellite carrier" means an entity that
uses the facilities of a satellite or satellite service licensed by the
Federal Communications Commission 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 to establish and operate a channel of
communications for point-to-multipoint distribution of television
station signals, and that owns or leases a capacity or service on a
satellite in order to provide such point-to-multipoint distribution,
except to the extent that such entity provides such distribution
pursuant to tariff under the Communications Act of 1934, other than for
private home viewing.

(7) Secondary transmission. The term "secondary transmission" has the
meaning given that term in section 111(f) of this title.

(8) Subscriber. The term "subscriber" means an individual who receives a
secondary transmission service for private home viewing 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.

(9) Superstation. 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. [64]

(10) Unserved household. The term "unserved household", with respect to
a particular television network, means a household that-

(A) 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 January
1, 1999;

(B) is subject to a waiver granted under regulations established under
section 339(c)(2) of the Communications Act of 1934;

(C) is a subscriber to whom subsection (e) applies;

(D) is a subscriber to whom subsection (a)(11) applies; or

(E) is a subscriber to whom the exemption under subsection (a)(2)(B)
(iii) applies.

(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. [65]

(e) Moratorium on Copyright Liability. Until December 31, 2004, a
subscriber who does not receive a signal of Grade A intensity (as
defined in the regulations of the Federal Communications Commission
under section 73.683(a) of title 47 of the Code of Federal Regulations,
as in effect on January 1, 1999, or predicted by the Federal
Communications Commission using the Individual Location Longley-Rice
methodology described by the Federal Communications Commission in Docket
No. 98-201) of a local network television broadcast station shall remain
eligible to receive signals of network stations affiliated with the same
network, if that subscriber had satellite service of such network signal
terminated after July 11, 1998, and before October 31, 1999, as required
by this section, or received such service on October 31, 1999.


Section 120. Scope of exclusive rights in architectural works [66]

(a) Pictorial Representations Permitted. The copyright in an
architectural work that has been constructed does not include the right
to prevent the making, distributing, or public display of pictures,
paintings, photographs, or other pictorial representations of the work,
if the building in which the work is embodied is located in or
ordinarily visible from a public place.

(b) Alterations to and Destruction of Buildings. Notwithstanding the
provisions of section 106(2), the owners of a building embodying an
architectural work may, without the consent of the author or copyright
owner of the architectural work, make or authorize the making of
alterations to such building, and destroy or authorize the destruction
of such building.


Section 121. Limitations on exclusive rights: reproduction for blind or
other people with disabilities [67]

(a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for an authorized entity to reproduce or to
distribute copies or phonorecords of a previously published, nondramatic
literary work if such copies or phonorecords are reproduced or
distributed in specialized formats exclusively for use by blind or other
persons with disabilities.

(b)(1) Copies or phonorecords to which this section applies shall

(A) not be reproduced or distributed in a format other than a
specialized format exclusively for use by blind or other persons with
disabilities;

(B) bear a notice that any further reproduction or distribution in a
format other than a specialized format is an infringement; and

(C) include a copyright notice identifying the copyright owner and the
date of the original publication.

(2) The provisions of this subsection shall not apply to standardized,
secure, or norm-referenced tests and related testing material, or to
computer programs, except the portions thereof that are in conventional
human language (including descriptions of pictorial works) and displayed
to users in the ordinary course of using the computer programs.

(c) For purposes of this section, the term-

(1) "authorized entity" means a nonprofit organization or a governmental
agency that has a primary mission to provide specialized services
relating to training, education, or adaptive reading or information
access needs of blind or other persons with disabilities;

(2) "blind or other persons with disabilities" means individuals who are
eligible or who may qualify in accordance with the Act entitled "An Act
to provide books for the adult blind", approved March 3, 1931 (2 U.S.C.
135a; 46 Stat. 1487) to receive books and other publications produced in
specialized formats; and

(3) "specialized formats" means braille, audio, or digital text which is
exclusively for use by blind or other persons with disabilities.


Section 122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets [68]

(a) Secondary Transmissions of television Broadcast Stations by
Satellite Carriers. A secondary transmission of a performance or display
of a work embodied in a primary transmission of a television broadcast
station into the station's local market shall be subject to statutory
licensing under this section if-

(1) the secondary transmission is made by a satellite carrier to the
public;

(2) 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

(3) the satellite carrier makes a direct or indirect charge for the
secondary transmission to-

(A) each subscriber receiving the secondary transmission; or

(B) a distributor that has contracted with the satellite carrier for
direct or indirect delivery of the secondary transmission to the public.

(b) Reporting Requirements.-

(1) Initial lists. A satellite carrier that makes secondary
transmissions of a primary transmission made by a network station under
subsection (a) shall, within 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 in alphabetical order and
street address, including county and zip code) all subscribers to which
the satellite carrier makes secondary transmissions of that primary
transmission under subsection (a).

(2) Subsequent lists. After the list is submitted under paragraph (1),
the satellite carrier shall, on the 15th of each month, submit to the
network a list identifying (by name in alphabetical order and street
address, including county and zip code) any subscribers who have been
added or dropped as subscribers since the last submission under this
subsection.

(3) Use of subscriber information. Subscriber information submitted by a
satellite carrier under this subsection may be used only for the
purposes of monitoring compliance by the satellite carrier with this
section.

(4) Requirements of networks. The submission requirements of this
subsection 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 of Copyrights shall
maintain for public inspection a file of all such documents.

(c) No Royalty Fee Required. A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall have no royalty obligation for such secondary transmissions.

(d) Noncompliance with Reporting and Regulatory Requirements.
Notwithstanding subsection (a), the willful or repeated secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a primary transmission embodying a
performance or display of a work made by that television broadcast
station is actionable as an act of infringement under section 501, and
is fully subject to the remedies provided under sections 502 through 506
and 509, if the satellite carrier has not complied with the reporting
requirements of subsection (b) or with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast signals.

(e) Willful Alterations. Notwithstanding subsection (a), the secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a performance or display of a work
embodied in a primary transmission made by that television broadcast
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 sections 509 and 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.

(f) Violation of territorial Restrictions on Statutory License for
television Broadcast Stations.-

(1) Individual violations. The willful or repeated secondary
transmission to the public by a satellite carrier of a primary
transmission embodying a performance or display of a work made by a
television broadcast station to a subscriber who does not reside in that
station's local market, and is not subject to statutory licensing under
section 119 or a private licensing agreement, is actionable as an act of
infringement under section 501 and is fully subject to the remedies
provided by sections 502 through 506 and 509, except that-

(A) 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

(B) any statutory damages shall not exceed $5 for such subscriber for
each month during which the violation occurred.

(2) Pattern of violations. If a satellite carrier engages in a willful
or repeated pattern or practice of secondarily transmitting to the
public a primary transmission embodying a performance or display of a
work made by a television broadcast station to subscribers who do not
reside in that station's local market, and are not subject to statutory
licensing under section 119 or a private licensing agreement, then in
addition to the remedies under paragraph (1)-

(A) if the pattern or practice has been carried out on a substantially
nationwide basis, the court-

(i) shall order a permanent injunction barring the secondary
transmission by the satellite carrier of the primary transmissions of
that television broadcast station (and if such television broadcast
station is a network station, all other television broadcast stations
affiliated with such network); and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out; and

(B) if the pattern or practice has been carried out on a local or
regional basis with respect to more than one television broadcast
station, the court-

(i) shall order a permanent injunction barring the secondary
transmission in that locality or region by the satellite carrier of the
primary transmissions of any television broadcast station; and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out.

(g) Burden of Proof. In any action brought under subsection (f), the
satellite carrier shall have the burden of proving that its secondary
transmission of a primary transmission by a television broadcast station
is made only to subscribers located within that station's local market
or subscribers being served in compliance with section 119 or a private
licensing agreement.

(h) Geographic Limitations on secondary Transmissions. The statutory
license created by this section shall apply to secondary transmissions
to locations in the United States.

(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
Stations by Satellite to Members of the Public. No provision of section
111 or any other law (other than this section and section 119) shall be
construed to contain any authorization, exemption, or license through
which secondary transmissions by satellite carriers of programming
contained in a primary transmission made by a television broadcast
station may be made without obtaining the consent of the copyright
owner.

(j) Definitions. In this section-

(1) Distributor. The term "distributor" means an entity which contracts
to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming,
provides the secondary transmission either directly to individual
subscribers or indirectly through other program distribution entities.

(2) Local market.-

(A) In general. The term "local market", in the case of both commercial
and noncommercial television broadcast stations, means the designated
market area in which a station is located, and-

(i) in the case of a commercial television broadcast station, all
commercial television broadcast stations licensed to a community within
the same designated market area are within the same local market; and

(ii) in the case of a noncommercial educational television broadcast
station, the market includes any station that is licensed to a community
within the same designated market area as the noncommercial educational
television broadcast station.

(B) County of license. In addition to the area described in subparagraph
(A), a station's local market includes the county in which the station's
community of license is located.

(C) Designated market area. For purposes of subparagraph (A), the term
"designated market area" means a designated market area, as determined
by Nielsen Media Research and published in the 1999-2000 Nielsen Station
Index Directory and Nielsen Station Index United States Television
Household Estimates or any successor publication.

(3) Network station; satellite carrier; secondary transmission. The
terms "network station", "satellite carrier", and "secondary
transmission" have the meanings given such terms under section 119(d).

(4) Subscriber. The term "subscriber" means a person who receives a
secondary transmission service from a satellite carrier and pays a fee
for the service, directly or indirectly, to the satellite carrier or to
a distributor.

(5) Television broadcast station. The term "television broadcast
station"-

(A) means an over-the-air, commercial or noncommercial television
broadcast station licensed by the Federal Communications Commission
under subpart E of part 73 of title 47, Code of Federal Regulations,
except that such term does not include a low-power or translator
television station; and

(B) includes a television broadcast station licensed by an appropriate
governmental authority of Canada or Mexico if the station broadcasts
primarily in the English language and is a network station as defined in
section 119(d)(2)(A).

------------------
Chapter 1 Endnotes

1 In 1980, section 117 was amended in its entirety with an amendment in
the nature of a substitute that included a new title. However, the table
of sections was not changed to reflect the new title. Pub. L. No.
96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that
change. Pub. L. No. 105-80, 111 Stat. 1529, 1534.

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