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

the satellite carrier of the

primary transmissions of any television broadcast station; and

(ii) may order statutory damages not exceeding $250,000 for each 6-month

period during which the pattern or practice was carried out.

(g) Burden of Proof. In any action brought under subsection (f), the

satellite carrier shall have the burden of proving that its secondary

transmission of a primary transmission by a television broadcast station

is made only to subscribers located within that station's local market

or subscribers being served in compliance with section 119 or a private

licensing agreement.

(h) Geographic Limitations on secondary Transmissions. The statutory

license created by this section shall apply to secondary transmissions

to locations in the United States.

(i) Exclusivity with Respect to Secondary Transmissions of Broadcast

Stations by Satellite to Members of the Public. No provision of section

111 or any other law (other than this section and section 119) shall be

construed to contain any authorization, exemption, or license through

which secondary transmissions by satellite carriers of programming

contained in a primary transmission made by a television broadcast

station may be made without obtaining the consent of the copyright

owner.

(j) Definitions. 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 or indirectly through other program distribution entities.

(2) Local market.-

(A) In general. The term "local market", in the case of both commercial

and noncommercial television broadcast stations, means the designated

market area in which a station is located, and-

(i) in the case of a commercial television broadcast station, all

commercial television broadcast stations licensed to a community within

the same designated market area are within the same local market; and

(ii) in the case of a noncommercial educational television broadcast

station, the market includes any station that is licensed to a community

within the same designated market area as the noncommercial educational

television broadcast station.

(B) County of license. In addition to the area described in subparagraph

(A), a station's local market includes the county in which the station's

community of license is located.

(C) Designated market area. For purposes of subparagraph (A), the term

"designated market area" means a designated market area, as determined

by Nielsen Media Research and published in the 1999-2000 Nielsen Station

Index Directory and Nielsen Station Index United States Television

Household Estimates or any successor publication.

(3) Network station; satellite carrier; secondary transmission. The

terms "network station", "satellite carrier", and "secondary

transmission" have the meanings given such terms under section 119(d).

(4) Subscriber. The term "subscriber" means a person who receives a

secondary transmission service from a satellite carrier and pays a fee

for the service, directly or indirectly, to the satellite carrier or to

a distributor.

(5) Television broadcast station. The term "television broadcast

station"-

(A) means an over-the-air, commercial or noncommercial television

broadcast station licensed by the Federal Communications Commission

under subpart E of part 73 of title 47, Code of Federal Regulations,

except that such term does not include a low-power or translator

television station; and

(B) includes a television broadcast station licensed by an appropriate

governmental authority of Canada or Mexico if the station broadcasts

primarily in the English language and is a network station as defined in

section 119(d)(2)(A).

Chapter 1 Endnotes

1 In 1980, section 117 was amended in its entirety with an amendment in

the nature of a substitute that included a new title. However, the table

of sections was not changed to reflect the new title. Pub. L. No.

96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that

change. Pub. L. No. 105-80, 111 Stat. 1529, 1534.

2 The Audio Home Recording Act of 1992 amended section 101 by inserting

"Except as otherwise provided in this title," at the beginning of the

first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248.

The Berne Convention Implementation Act of 1988 amended section 101 by

adding a definition for "Berne Convention work." Pub. L. No. 100-568,

102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright

Protection Act amended the definition of "Berne Convention work" by

adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The

WIPO Copyright and Performances and Phonograms Treaties Implementation

Act of 1998 deleted the definition of "Berne Convention work" from

section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition

of "Berne Convention work," as deleted, is contained in part VI of the

Appendix.

3 In 1990, the Architectural Works Copyright Protection Act amended

section 101 by adding the definition for "architectural work." Pub. L.

No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition

is applicable to "any architectural work that, on the date of the

enactment of this Act, is unconstructed and embodied in unpublished

plans or drawings, except that protection for such architectural work

under title 17, United States Code, by virtue of the amendments made by

this title, shall terminate on December 31, 2002, unless the work is

constructed by that date."

4 The Berne Convention Implementation Act of 1988 amended section 101

by adding the definition of "Berne Convention." Pub. L. No. 100-568, 102

Stat. 2853, 2854.

5 The Digital Performance Right in Sound Recordings Act of 1995 amended

section 101 by adding the definition of "digital transmission." Pub. L.

No.104-39, 109 Stat. 336, 348.

6 The Fairness in Music Licensing Act of 1998 amended section 101 by

adding the definition of "establishment." Pub. L. No. 105-298, 112 Stat.

2827, 2833.

7 The Fairness in Music Licensing Act of 1998 amended section 101 by

adding the definition of "food service or drinking establishment." Pub.

L. No. 105-298, 112 Stat. 2827, 2833.

8 In 1997, the No Electronic Theft (NET) Act amended section 101 by

adding the definition for "financial gain." Pub. L. No. 105-147, 111

Stat. 2678.

9 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definition

of "Geneva Phonograms Convention." Pub. L. No. 105-304, 112 Stat. 2860,

2861.

10 The Fairness in Music Licensing Act of 1998 amended section 101 by

adding the definition of "gross square feet of space." Pub. L. No.

105-298, 112 Stat. 2827, 2833.

11 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that paragraph (5) of the definition

of "international agreement" take effect upon entry into force of the

WIPO Copyright Treaty with respect to the United States. Pub. L. No.

105-304, 112 Stat. 2860, 2877.

12 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that paragraph (6) of the definition

of "international agreement" take effect upon entry into force of the

WIPO Performances and Phonograms Treaty with respect to the United

States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

13 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definition

of "international agreement." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

14 The Fairness in Music Licensing Act of 1998 amended section 101 by

adding the definition of "performing rights society." Pub. L. No.

105-298, 112 Stat. 2827, 2833.

15 The Berne Convention Implementation Act of 1988 amended the

definition of "Pictorial, graphic, and sculptural works" by inserting

"diagrams, models, and technical drawings, including architectural

plans" in the first sentence, in lieu of "technical drawings, diagrams,

and models." Pub. L. No. 100-568, 102 Stat. 2853, 2854.

16 The Fairness in Music Licensing Act of 1998 amended section 101 by

adding the definition of "proprietor." Pub. L. No. 105-298, 112 Stat.

2827, 2833. In 1999, a technical amendment added the phrase "For

purposes of section 513,", to the beginning of the definition of

"proprietor." Pub. L. No. 106-44, 113 Stat. 221, 222.

17 The Copyright Renewal Act of 1992 amended section 101 by adding the

definition of "registration." Pub. L. No. 102-307, 106 Stat. 264, 266.

18 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definition

of "treaty party." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

19 The Berne Convention Implementation Act of 1988 amended section 101

by adding the definition of "country of origin" of a Berne Convention

work, for purposes of section 411. Pub. L. No. 100-568, 102 Stat. 2853,

The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended that definition by changing it to a

definition for "United States work," for purposes of section 411. Pub.

L. No. 105-304, 112 Stat. 2860, 2861. In 1999, a technical amendment

moved the definition of "United States work" to place it in alphabetical

order, after the definition for "United States." Pub. L. No. 106-44, 113

Stat. 221, 222.

20 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definition

of "WIPO Copyright Treaty." Pub. L. No. 105-304, 112 Stat. 2860, 2861.

That definition is required to take effect upon entry into force of the

WIPO Copyright Treaty with respect to the United States. Pub. L. No.

105-304, 112 Stat. 2860, 2877.

21 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definition

of "WIPO Performances and Phonograms Treaty." Pub. L. No. 105-304, 112

Stat. 2860, 2862. That definition is required to take effect upon entry

into force of the WIPO Performances and Phonograms Treaty with respect

to the United States. Pub. L. No. 105-304, 112 Stat. 2860, 2877.

22 The Visual Artists Rights Act of 1990 amended section 101 by adding

the definition of "work of visual art." Pub. L. No. 101-650, 104 Stat.

5089, 5128.

23 The Satellite Home Viewer Improvement Act of 1999 amended the

definition of "a work made for hire" by inserting "as a sound recording"

after "audiovisual work." Pub. L. No. 106-113, 113 Stat. 1501, app. I at

1501A-544. The Work Made for Hire and Copyright Corrections Act of 2000

amended the definition of "work made for hire" by deleting "as a sound

recording" after "audiovisual work." Pub. L. No. 106-379, 114 Stat.

The Act also added a second paragraph to part (2) of that

definition. Id. These changes are effective retroactively, as of

November 29, 1999.

24 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 amended section 101 by adding the definitions

of "WTO Agreement" and "WTO member country," thereby transferring those

definitions to section 101 from section 104A. Pub. L. No. 105-304, 112

Stat. 2860, 2862. See also endnote 29, infra.

25 In 1980, the definition of "computer program" was added to section

Pub. L. No. 96-517, 94 Stat. 3015, 3028.

26 In 1990, the Architectural Works Copyright Protection Act amended

subsection 102(a) by adding at the end thereof paragraph (8). Pub. L.

No. 101-650, 104 Stat. 5089, 5133.

27 The Berne Convention Implementation Act of 1988 amended section

104(b) by redesignating paragraph (4) as paragraph (5), by inserting

after paragraph (3) a new paragraph (4) and by adding subsection (c) at

the end. Pub. L. No. 100-568, 102 Stat. 2853, 2855. The WIPO Copyright

and Performances and Phonograms Treaties Implementation Act of 1998

amended section 104 as follows: 1) by amending subsection (b) to

redesignate paragraphs (3) and (5) as (5) and (6), respectively, and by

adding a new paragraph (3); 2) by amending section 104(b), throughout;

and 3) by adding section 104(d). Pub. L. No. 105-304, 112 Stat. 2860,

2862.

28 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 requires that subsection (d), regarding the

effect of phonograms treaties, take effect upon