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

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