Copyright Law of the United States of America

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(3) the making of reproductions by a governmental body or a nonprofit
institution of a transmission program simultaneously with its
transmission as specified in paragraph (1), and the performance or
display of the contents of such program under the conditions specified
by paragraph (1) of section 110, but only if the reproductions are used
for performances or displays for a period of no more than seven days
from the date of the transmission specified in paragraph (1), and are
destroyed before or at the end of such period. No person supplying, in
accordance with paragraph (2), a reproduction of a transmission program
to governmental bodies or nonprofit institutions under this paragraph
shall have any liability as a result of failure of such body or
institution to destroy such reproduction: *Provided*, That it shall
have notified such body or institution of the requirement for such
destruction pursuant to this paragraph: *And provided further*, That if
such body or institution itself fails to destroy such reproduction it
shall be deemed to have infringed.

(e) Except as expressly provided in this subsection, this section shall
have no applicability to works other than those specified in subsection
(b). Owners of copyright in nondramatic literary works and public
broadcasting entities may, during the course of voluntary negotiations,
agree among themselves, respectively, as to the terms and rates of
royalty payments without liability under the antitrust laws. Any such
terms and rates of royalty payments shall be effective upon filing in
the Copyright Office, in accordance with regulations that the Register
of Copyrights shall prescribe.

(f) Nothing in this section shall be construed to permit, beyond the
limits of fair use as provided by section 107, the unauthorized
dramatization of a nondramatic musical work, the production of a
transmission program drawn to any substantial extent from a published
compilation of pictorial, graphic, or sculptural works, or the
unauthorized use of any portion of an audiovisual work.

(g) As used in this section, the term "public broadcasting entity" means
a noncommercial educational broadcast station as defined in section 397
of title 47 and any nonprofit institution or organization engaged in the
activities described in paragraph (2) of subsection (d).

Section 119. Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home viewing [55]

(a) Secondary Transmissions by Satellite Carriers.-

(1) Superstations and PBS Satellite Feed. Subject to the provisions of
paragraphs (3), (4), and (6) 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 superstation or by the Public
Broadcasting Service satellite feed 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 each
retransmission service to each household 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. In the case of the Public Broadcasting
Service satellite feed, the statutory license shall be effective until
January 1, 2002. [56]

(2) Network stations.-

(A) In general. Subject to the provisions of subparagraphs (B) and (C)
of this paragraph and paragraphs (3), (4), (5), and (6) 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) 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 of the
Code of Federal Regulations.

(C) Submission of subscriber lists to networks. 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.

(3) 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 superstation 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 and 509, 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).

(4) 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 superstation 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 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.

(5) 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 does not reside in an unserved household 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-

(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 $5 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 do not reside in unserved households, 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 $250,000 for each 6-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 $250,000 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. [57] 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
for private home viewing to an unserved household.

(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.

(6) Discrimination by a satellite carrier. Notwithstanding the
provisions of paragraph (1), the willful or repeated 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
superstation 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 509, if the satellite carrier
unlawfully discriminates against a distributor. [58]

(7) Geographic limitation on secondary transmissions. The statutory
license created by this section shall apply only to secondary
transmissions to households located in the United States.

(8) Transitional signal intensity measurement procedures. [59]

(A) In general. Subject to subparagraph (C), upon a challenge by a
network station regarding whether a subscriber is an unserved household
within the predicted Grade B Contour of the station, the satellite
carrier shall, within 60 days after the receipt of the challenge-

(i) terminate service to that household of the signal that is the
subject of the challenge, and within 30 days thereafter notify the
network station that made the challenge that service to that household
has been terminated; or

(ii) conduct a measurement of the signal intensity of the subscriber's
household to determine whether the household is an unserved household
after giving reasonable notice to the network station of the satellite
carrier's intent to conduct the measurement.

(B) Effect of measurement. If the satellite carrier conducts a signal
intensity measurement under subparagraph (A) and the measurement
indicates that-

(i) the household is not an unserved household, the satellite carrier
shall, within 60 days after the measurement is conducted, terminate the
service to that household of the signal that is the subject of the
challenge, and within 30 days thereafter notify the network station that
made the challenge that service to that household has been terminated;
or

(ii) the household is an unserved household, the station challenging the
service shall reimburse the satellite carrier for the costs of the
signal measurement within 60 days after receipt of the measurement
results and a statement of the costs of the measurement.

(C) Limitation on measurements.-

(i) Notwithstanding subparagraph (A), a satellite carrier may not be
required to conduct signal intensity measurements during any calendar
year in excess of 5 percent of the number of subscribers within the
network station's local market that have subscribed to the service as of
the effective date of the Satellite Home Viewer Act of 1994.

(ii) If a network station challenges whether a subscriber is an unserved
household in excess of 5 percent of the subscribers within the network
station's local market within a calendar year, subparagraph (A) shall
not apply to challenges in excess of such 5 percent, but the station may
conduct its own signal intensity measurement of the subscriber's
household after giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement. If such measurement
indicates that the household is not an unserved household, the carrier
shall, within 60 days after receipt of the measurement, terminate
service to the household of the signal that is the subject of the
challenge and within 30 days thereafter notify the network station that
made the challenge that service has been terminated. The carrier shall
also, within 60 days after receipt of the measurement and a statement of
the costs of the measurement, reimburse the network station for the cost
it incurred in conducting the measurement.

(D) Outside the predicted grade b contour.-

(i) If a network station challenges whether a subscriber is an unserved
household outside the predicted Grade B Contour of the station, the
station may conduct a measurement of the signal intensity of the
subscriber's household to determine whether the household is an unserved
household after giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement.

(ii) If the network station conducts a signal intensity measurement
under clause (i) and the measurement indicates that-

(I) the household is not an unserved household, the station shall
forward the results to the satellite carrier who shall, within 60 days
after receipt of the measurement, terminate the service to the household
of the signal that is the subject of the challenge, and shall reimburse
the station for the costs of the measurement within 60 days after
receipt of the measurement results and a statement of such costs; or

(II) the household is an unserved household, the station shall pay the
costs of the measurement.

(9) Loser pays for signal intensity measurement; recovery of measurement
costs in a civil action. In any civil action filed relating to the
eligibility of subscribing households as unserved households-

(A) a network station challenging such eligibility shall, within 60 days
after receipt of the measurement results and a statement of such costs,
reimburse the satellite carrier for any signal intensity measurement
that is conducted by that carrier in response to a challenge by the
network station and that establishes the household is an unserved
household; and

(B) a satellite carrier shall, within 60 days after receipt of the
measurement results and a statement of such costs, reimburse the network
station challenging such eligibility for any signal intensity
measurement that is conducted by that station and that establishes the
household is not an unserved household.

(10) inability to conduct measurement. If a network station makes a
reasonable attempt to conduct a site measurement of its signal at a
subscriber's household and is denied access for the purpose of
conducting the measurement, and is otherwise unable to conduct a
measurement, the satellite carrier shall within 60 days notice thereof,
terminate service of the station's network to that household.

(11) Service to recreational vehicles and commercial trucks.-

(A) Exemption.-

(i) In general. For purposes of this subsection, and subject to clauses
(ii) and (iii), the term "unserved household" shall include-

(I) recreational vehicles as defined in regulations of the Secretary of
Housing and Urban Development under section 3282.8 of title 24 of the
Code of Federal Regulations; and

(II) commercial trucks that qualify as commercial motor vehicles under
regulations of the Secretary of Transportation under section 383.5 of
title 49 of the Code of Federal Regulations.

(ii) Limitation. Clause (i) shall apply only to a recreational vehicle
or commercial truck if any satellite carrier that proposes to make a
secondary transmission of a network station to the operator of such a
recreational vehicle or commercial truck complies with the documentation
requirements under subparagraphs (B) and (C).

(iii) Exclusion. For purposes of this subparagraph, the terms
"recreational vehicle" and "commercial truck" shall not include any
fixed dwelling, whether a mobile home or otherwise.

(B) Documentation requirements. A recreational vehicle or commercial
truck shall be deemed to be an unserved household beginning 10 days
after the relevant satellite carrier provides to the network that owns
or is affiliated with the network station that will be secondarily
transmitted to the recreational vehicle or commercial truck the
following documents:

(i) Declaration. A signed declaration by the operator of the
recreational vehicle or commercial truck that the satellite dish is
permanently attached to the recreational vehicle or commercial truck,
and will not be used to receive satellite programming at any fixed
dwelling.

(ii) Registration. In the case of a recreational vehicle, a copy of the
current State vehicle registration for the recreational vehicle.

(iii) Registration and license. In the case of a commercial truck, a
copy of-

(I) the current State vehicle registration for the truck; and

(II) a copy of a valid, current commercial driver's license, as defined
in regulations of the Secretary of Transportation under section 383 of
title 49 of the Code of Federal Regulations, issued to the operator.

(C) Updated documentation requirements. If a satellite carrier wishes to
continue to make secondary transmissions to a recreational vehicle or
commercial truck for more than a 2-year period, that carrier shall
provide each network, upon request, with updated documentation in the
form described under subparagraph (B) during the 90 days before
expiration of that 2-year period.

(12) Statutory license contingent on compliance with fcc rules and
remedial steps. Notwithstanding any other provision of this section, 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 broadcast station licensed by the Federal
Communications Commission 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, if, at the time of such transmission, the
satellite carrier is not in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast station signals. [60]

(b) Statutory License for Secondary Transmissions for Private Home
Viewing.-

(1) Deposits with the register of copyrights. A satellite carrier whose
secondary transmissions are subject to statutory licensing under
subsection (a) shall, on a semiannual basis, deposit with the Register
of Copyrights, in accordance with requirements that the Register shall
prescribe by regulation-

(A) a statement of account, covering the preceding 6-month period,
specifying the names and locations of all superstations and network
stations whose signals were transmitted, at any time during that period,
to subscribers for private home viewing as described in subsections (a)
(1) and (a)(2), the total number of subscribers that received such
transmissions, and such other data as the Register of Copyrights may
from time to time prescribe by regulation; and

(B) 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; [61] and

(iii) adding together the totals computed under clauses (i) and (ii).

(2) Investment of fees. The Register of Copyrights shall receive all
fees deposited under this section and, after deducting the reasonable
costs incurred by the Copyright Office under this section (other than
the costs deducted under paragraph (4)), shall deposit the balance in
the Treasury of the United States, in such manner as the Secretary of
the Treasury directs. All funds held by the Secretary of the Treasury
shall be invested in interest-bearing securities of the United States
for later distribution with interest by the Librarian of Congress as
provided by this title.

(3) Persons to whom fees are distributed. The royalty fees deposited
under paragraph (2) shall, in accordance with the procedures provided by
paragraph (4), be distributed to those copyright owners whose works were
included in a secondary transmission for private home viewing made by a
satellite carrier during the applicable 6-month accounting period and
who file a claim with the Librarian of Congress under paragraph (4).

(4) Procedures for distribution. The royalty fees deposited under
paragraph (2) shall be distributed in accordance with the following
procedures:

(A) Filing of claims for fees. During the month of July in each year,
each person claiming to be entitled to statutory license fees for
secondary transmissions for private home viewing shall file a claim with
the Librarian of Congress, in accordance with requirements that the
Librarian of Congress shall prescribe by regulation. For purposes of
this paragraph, any claimants may agree among themselves as to the
proportionate division of statutory license fees among them, may lump
their claims together and file them jointly or as a single claim, or may
designate a common agent to receive payment on their behalf.

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