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

the owner or lessee of a

machine to make or authorize the making of a copy of a computer program

if such copy is made solely by virtue of the activation of a machine

that lawfully contains an authorized copy of the computer program, for

purposes only of maintenance or repair of that machine, if-

(1) such new copy is used in no other manner and is destroyed

immediately after the maintenance or repair is completed; and

(2) with respect to any computer program or part thereof that is not

necessary for that machine to be activated, such program or part thereof

is not accessed or used other than to make such new copy by virtue of

the activation of the machine.

(d) Definitions. For purposes of this section-

(1) the "maintenance" of a machine is the servicing of the machine in

order to make it work in accordance with its original specifications and

any changes to those specifications authorized for that machine; and

(2) the "repair" of a machine is the restoring of the machine to the

state of working in accordance with its original specifications and any

changes to those specifications authorized for that machine.

Section 118. Scope of exclusive rights: Use of certain works in connection

with noncommercial broadcasting [54]

(a) The exclusive rights provided by section 106 shall, with respect to

the works specified by subsection (b) and the activities specified by

subsection (d), be subject to the conditions and limitations prescribed

by this section.

(b) Notwithstanding any provision of the antitrust laws, any owners of

copyright in published nondramatic musical works and published

pictorial, graphic, and sculptural works and any public broadcasting

entities, respectively, may negotiate and agree upon the terms and rates

of royalty payments and the proportionate division of fees paid among

various copyright owners, and may designate common agents to negotiate,

agree to, pay, or receive payments.

(1) Any owner of copyright in a work specified in this subsection or any

public broadcasting entity may submit to the Librarian of Congress

proposed licenses covering such activities with respect to such works.

The Librarian of Congress shall proceed on the basis of the proposals

submitted to it as well as any other relevant information. The Librarian

of Congress shall permit any interested party to submit information

relevant to such proceedings.

(2) License agreements voluntarily negotiated at any time between one or

more copyright owners and one or more public broadcasting entities shall

be given effect in lieu of any determination by the Librarian of

Congress: Provided, That copies of such agreements are filed in the

Copyright Office within thirty days of execution in accordance with

regulations that the Register of Copyrights shall prescribe.

(3) In the absence of license agreements negotiated under paragraph (2),

the Librarian of Congress shall, pursuant to chapter 8, convene a

copyright arbitration royalty panel to determine and publish in the

Federal Register a schedule of rates and terms which, subject to

paragraph (2), shall be binding on all owners of copyright in works

specified by this subsection and public broadcasting entities,

regardless of whether such copyright owners have submitted proposals to

the Librarian of Congress. In establishing such rates and terms the

copyright arbitration royalty panel may consider the rates for

comparable circumstances under voluntary license agreements negotiated

as provided in paragraph (2). The Librarian of Congress shall also

establish requirements by which copyright owners may receive reasonable

notice of the use of their works under this section, and under which

records of such use shall be kept by public broadcasting entities.

(c) The initial procedure specified in subsection (b) shall be repeated

and concluded between June 30 and December 31, 1997, and at five-year

intervals thereafter, in accordance with regulations that the Librarian

of Congress shall prescribe.

(d) Subject to the terms of any voluntary license agreements that have

been negotiated as provided by subsection (b) (2), a public broadcasting

entity may, upon compliance with the provisions of this section,

including the rates and terms established by a copyright arbitration

royalty panel under subsection (b) (3), engage in the following

activities with respect to published nondramatic musical works and

published pictorial, graphic, and sculptural works:

(1) performance or display of a work by or in the course of a

transmission made by a noncommercial educational broadcast station

referred to in subsection (g); and

(2) production of a transmission program, reproduction of copies or

phonorecords of such a transmission program, and distribution of such

copies or phonorecords, where such production, reproduction, or

distribution is made by a nonprofit institution or organization solely

for the purpose of transmissions specified in paragraph (1); and

(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