U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

>variant forms mean the following:

A "primary transmission" is a transmission made to the public by the

transmitting facility whose signals are being received and further

transmitted by the secondary transmission service, regardless of where

or when the performance or display was first transmitted.

A "secondary transmission" is the further transmitting of a primary

transmission simultaneously with the primary transmission, or

nonsimultaneously with the primary transmission if by a "cable system"

not located in whole or in part within the boundary of the forty-eight

contiguous States, Hawaii, or Puerto Rico: Provided, however, That a

nonsimultaneous further transmission by a cable system located in Hawaii

of a primary transmission shall be deemed to be a secondary transmission

if the carriage of the television broadcast signal comprising such

further transmission is permissible under the rules, regulations, or

authorizations of the Federal Communications Commission.

A "cable system" is a facility, located in any State, Territory, Trust

Territory, or Possession, that in whole or in part receives signals

transmitted or programs broadcast by one or more television broadcast

stations licensed by the Federal Communications Commission, and makes

secondary transmissions of such signals or programs by wires, cables,

microwave, or other communications channels to subscribing members of

the public who pay for such service. For purposes of determining the

royalty fee under subsection (d)(1), two or more cable systems in

contiguous communities under common ownership or control or operating

from one headend shall be considered as one system.

The "local service area of a primary transmitter", in the case of a

television broadcast station, comprises the area in which such station

is entitled to insist upon its signal being retransmitted by a cable

system pursuant to the rules, regulations, and authorizations of the

Federal Communications Commission in effect on April 15, 1976, or such

station's television market as defined in section 76.55(e) of title 47,

Code of Federal Regulations (as in effect on September 18, 1993), or any

modifications to such television market made, on or after September 18,

1993, pursuant to section 76.55(e) or 76.59 of title 47 of the Code of

Federal Regulations, or in the case of a television broadcast station

licensed by an appropriate governmental authority of Canada or Mexico,

the area in which it would be entitled to insist upon its signal being

retransmitted if it were a television broadcast station subject to such

rules, regulations, and authorizations. In the case of a low power

television station, as defined by the rules and regulations of the

Federal Communications Commission, the "local service area of a primary

transmitter" comprises the area within 35 miles of the transmitter site,

except that in the case of such a station located in a standard

metropolitan statistical area which has one of the 50 largest

populations of all standard metropolitan statistical areas (based on the

1980 decennial census of population taken by the Secretary of Commerce),

the number of miles shall be 20 miles. The "local service area of a

primary transmitter", in the case of a radio broadcast station,

comprises the primary service area of such station, pursuant to the

rules and regulations of the Federal Communications Commission.

A "distant signal equivalent" is the value assigned to the secondary

transmission of any nonnetwork television programming carried by a cable

system in whole or in part beyond the local service area of the primary

transmitter of such programming. It is computed by assigning a value of

one to each independent station and a value of one-quarter to each

network station and noncommercial educational station for the nonnetwork

programming so carried pursuant to the rules, regulations, and

authorizations of the Federal Communications Commission. The foregoing

values for independent, network, and noncommercial educational stations

are subject, however, to the following exceptions and limitations. Where

the rules and regulations of the Federal Communications Commission

require a cable system to omit the further transmission of a particular

program and such rules and regulations also permit the substitution of

another program embodying a performance or display of a work in place of

the omitted transmission, or where such rules and regulations in effect

on the date of enactment of this Act permit a cable system, at its

election, to effect such deletion and substitution of a nonlive program

or to carry additional programs not transmitted by primary transmitters

within whose local service area the cable system is located, no value

shall be assigned for the substituted or additional program; where the

rules, regulations, or authorizations of the Federal Communications

Commission in effect on the date of enactment of this Act permit a cable

system, at its election, to omit the further transmission of a

particular program and such rules, regulations, or authorizations also

permit the substitution of another program embodying a performance or

display of a work in place of the omitted transmission, the value

assigned for the substituted or additional program shall be, in the case

of a live program, the value of one full distant signal equivalent

multiplied by a fraction that has as its numerator the number of days in

the year in which such substitution occurs and as its denominator the

number of days in the year. In the case of a station carried pursuant to

the late-night or specialty programming rules of the Federal

Communications Commission, or a station carried on a part-time basis

where full-time carriage is not possible because the cable system lacks

the activated channel capacity to retransmit on a full-time basis all

signals which it is authorized to carry, the values for independent,

network, and noncommercial educational stations set forth above, as the

case may be, shall be multiplied by a fraction which is equal to the

ratio of the broadcast hours of such station carried by the cable system

to the total broadcast hours of the station.

A "network station" is a television broadcast station that is owned or

operated by, or affiliated with, one or more of the television networks

in the United States providing nationwide transmissions, and that

transmits a substantial part of the programming supplied by such

networks for a substantial part of that station's typical broadcast day.

An "independent station" is a commercial television broadcast station

other than a network station.

A "noncommercial educational station" is a television station that is a

noncommercial educational broadcast station as defined in section 397 of

title 47.

Section 112. Limitations on exclusive rights: Ephemeral recordings [44]

(a)(1) Notwithstanding the provisions of section 106, and except in the

case of a motion picture or other audiovisual work, it is not an

infringement of copyright for a transmitting organization entitled to

transmit to the public a performance or display of a work, under a

license, including a statutory license under section 114(f), or transfer

of the copyright or under the limitations on exclusive rights in sound

recordings specified by section 114 (a) or for a transmitting

organization that is a broadcast radio or television station licensed as

such by the Federal Communications Commission and that makes a broadcast

transmission of a performance of a sound recording in a digital format

on a nonsubscription basis, to make no more than one copy or phonorecord

of a particular transmission program embodying the performance or

display, if-

(A) the copy or phonorecord is retained and used solely by the

transmitting organization that made it, and no further copies or

phonorecords are reproduced from it; and

(B) the copy or phonorecord is used solely for the transmitting

organization's own transmissions within its local service area, or for

purposes of archival preservation or security; and

(C) unless preserved exclusively for archival purposes, the copy or

phonorecord is destroyed within six months from the date the

transmission program was first transmitted to the public.

(2) In a case in which a transmitting organization entitled to make a

copy or phonorecord under paragraph (1) in connection with the

transmission to the public of a performance or display of a work is

prevented from making such copy or phonorecord by reason of the

application by the copyright owner of technical measures that prevent

the reproduction of the work, the copyright owner shall make available

to the transmitting organization the necessary means for permitting the

making of such copy or phonorecord as permitted under that paragraph, if

it is technologically feasible and economically reasonable for the

copyright owner to do so. If the copyright owner fails to do so in a

timely manner in light of the transmitting organization's reasonable

business requirements, the transmitting organization shall not be liable

for a violation of section 1201(a)(1) of this title for engaging in such

activities as are necessary to make such copies or phonorecords as

permitted under paragraph (1) of this subsection.

(b) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization entitled to transmit a performance or display of a work,

under section 110(2) or under the limitations on exclusive rights in

sound recordings specified by section 114(a), to make no more than

thirty copies or phonorecords of a particular transmission program

embodying the performance or display, if

(1) no further copies or phonorecords are reproduced from the copies or

phonorecords made under this clause; and

(2) except for one copy or phonorecord that may be preserved exclusively

for archival purposes, the copies or phonorecords are destroyed within

seven years from the date the transmission program was first transmitted

to the public.

(c) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization to make for distribution no more than one copy or

phonorecord, for each transmitting organization specified in clause (2)

of this subsection, of a particular transmission program embodying a

performance of a nondramatic musical work of a religious nature, or of a

sound recording of such a musical work, if-

(1) there is no direct or indirect charge for making or distributing any

such copies or phonorecords; and

(2) none of such copies or phonorecords is used for any performance

other than a single transmission to the public by a transmitting

organization entitled to transmit to the public a performance of the

work under a license or transfer of the copyright; and

(3) except for one copy or phonorecord that may be preserved exclusively

for archival purposes, the copies or phonorecords are all destroyed

within one year from the date the transmission program was first

transmitted to the public.

(d) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization entitled to transmit a performance of a work under section

110(8) to make no more than ten copies or phonorecords embodying the

performance, or to permit the use of any such copy or phonorecord by any

governmental body or nonprofit organization entitled to transmit a

performance of a work under section 110(8), if-

(1) any such copy or phonorecord is retained and used solely by the

organization that made it, or by a governmental body or nonprofit

organization entitled to transmit a performance of a work under section

110(8), and no further copies or phonorecords are reproduced from it;

and

(2) any such copy or phonorecord is used solely for transmissions

authorized under section 110(8), or for purposes of archival

preservation or security; and

(3) the governmental body or nonprofit organization permitting any use

of any such copy or phonorecord by any governmental body or nonprofit

organization under this subsection does not make any charge for such

use.

(e) Statutory License. (1) A transmitting organization entitled to

transmit to the public a performance of a sound recording under the

limitation on exclusive rights specified by section 114(d)(1)(C)(iv) or

under a statutory license in accordance with section 114(f) is entitled

to a statutory license, under the conditions specified by this

subsection, to make no more than 1 phonorecord of the sound recording

(unless the terms and conditions of the statutory license allow for