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

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.

(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