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for "compulsory" and "programming" for

"programing," wherever they appeared. Pub. L. No. 106-113, 113 Stat.

1501, app. I at 1501A-543. The Act also amended sections 111(a) and (b)

by inserting "performance or display of a work embodied in a primary

transmission" in lieu of "primary transmission embodying a performance

or display of a work." It amended paragraph (1) of section 111(c) by

inserting "a performance or display of a work embodied in" after "by a

cable system of" and by striking "and embodying a performance or display

of a work." It amended subparagraphs (3) and (4) of section 111(a) by

inserting "a performance or display of a work embodied in a primary

transmission" in lieu of "a primary transmission" and by striking "and

embodying a performance or display of a work." Id.

43 Royalty rates specified by the compulsory licensing provisions of

this section are subject to adjustment by copyright arbitration royalty

panels appointed and convened by the Librarian of Congress in accordance

with the provisions of Chapter 8 of title 17 of the *United States Code,

*as amended by the Copyright Royalty Tribunal Reform Act of 1993, Pub.

L. No. 103-198, 107 Stat. 2304, 2311.

44 In 1998, the Digital Millennium Copyright Act amended section 112 by

redesignating subsection (a) as subsection (a)(1); by redesignating

former sections (a)(1), (a)(2) and (a)(3) as subsections (a)(1)(A), (a)

(1)(B) and (a)(1)(C), respectively; by adding subsection (a)(2); and by

amending the language in new subsection (a)(1). Pub. L. No. 105-304, 112

Stat. 2860, 2888. The Digital Millennium Copyright Act also amended

section 112 by redesignating subsection (e) as subsection (f) and adding

a new subsection (e). Pub. L. No. 105-304, 112 Stat. 2860, 2899. In

1999, a technical amendment to section 112(e) redesignated paragraphs

(3) through (10) as (2) through (9) and corrected the paragraph

references throughout that section to conform to those redesignations.

Pub. L. No. 106-44, 113 Stat. 221.

45 The Visual Artists Rights Act of 1990 amended section 113 by adding

subsection (d) at the end thereof. Pub. L. No. 101-650, 104 Stat. 5089,

5130.

46 The Digital Performance Right in Sound Recordings Act of 1995

amended section 114 as follows: 1) in subsection (a), by striking "and

(3)" and inserting in lieu thereof "(3) and (6)"; 2) in subsection (b)

in the first sentence, by striking "phonorecords, or of copies of motion

pictures and other audiovisual works," and inserting "phonorecords or

copies"; and 3) by striking subsection (d) and inserting in lieu thereof

new subsections (d), (e), (f), (g), (h), (i), and (j). Pub. L. No.

104-39, 109 Stat. 336. In 1997, subsection 114(f) was amended by

inserting all the text that appears after "December 31, 2000" (which is

now December 31, 2001, in paragraph (1)(A)) and by striking "and publish

in the Federal Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531.

In 1998, the Digital Millennium Copyright Act amended section 114(d) by

replacing paragraphs (1)(A) and (2) with amendments in the nature of

substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also

amended section 114(f) by revising the title; by redesignating paragraph

(1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of

paragraphs (2), (3), (4) and (5); and by amending the language in newly

designated paragraph (1)(A), including revising the effective date from

December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat.

2860, 2894. The Digital Millennium Copyright Act also amended subsection

114(g) by substituting "transmission" in lieu of "subscription

transmission," wherever it appears and, in the first sentence in

paragraph (g)(1), by substituting "transmission licensed under a

statutory license" in lieu of "subscription transmission licensed." Pub.

L. No. 105-304, 112 Stat. 2860, 2897. That Act also amended subsection

114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as

(3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs

(4) and (9) in their entirety and resdesignating them as paragraphs (7)

and (15), respectively; and by adding new definitions, including,

paragraph (2) defining "archived program," paragraph (4) defining

"continuous program," paragraph (6) defining "eligible nonsubscription

transmission," paragraph (8) defining "new subscription service,"

paragraph (10) defining "preexisting satellite digital audio radio

service" and paragraph (11) defining "preexisting subscription service."

Pub. L. No. 105-304, 112 Stat. 2860, 2897.

47 The Digital Millennium Copyright Act states that "the publication of

notice of proceedings under section 114(f)(1) . . . as in effect upon

the effective date of [the Digital Performance Right in Sound Recordings

Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination

of royalty payments shall be deemed to have been made for the period

beginning on the effective date of that Act and ending on December 1,

2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899.

48 The Digital Millennium Copyright Act contains an additional

effective date provision for the amendment that changed the date in

subsection 114(f)(1)(A) to December 31, 2001. This provision is

paragraph 405(a)(5) of the Digital Millennium Copyright Act which is in

Appendix V of this publication.

49 The Record Rental Amendment of 1984 amended section 115 by

redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4)

and (5), respectively, and by adding a new paragraph (3). Pub. L. No.

98-450, 98 Stat. 1727.

In 1997, section 115 was amended by striking "and publish in the Federal

Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat.

1529, 1531. The same legislation also amended section 115(c)(3)(E) by

replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and

106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No.

105-80, 111 Stat. 1529, 1534.

The Digital Performance Right in Sound Recordings Act of 1995 amended

section 115 as follows: 1) in the first sentence of subsection (a)(1),

by striking "any other person" and inserting in lieu thereof "any other

person, including those who make phonorecords or digital phonorecord

deliveries,"; 2) in the second sentence of the same subsection, by

inserting before the period "including by means of a digital phonorecord

delivery"; 3) in the second sentence of subsection (c)(2), by inserting

"and other than as provided in paragraph (3)," after "For this

purpose,"; 4) by redesignating paragraphs (3), (4) and (5) of subsection

(c) as paragraphs (4), (5) and (6), respectively, and by inserting after

paragraph (2) a new paragraph (3); and (5) by adding after subsection

(c) a new subsection (d). Pub. L. No. 104-39, 109 Stat. 336, 344.

50 Royalty rates specified by the compulsory licensing provisions of

this section are subject to adjustment by copyright arbitration royalty

panels appointed and convened by the Librarian of Congress in accordance

with the provisions of Chapter 8 of title 17 of the *United States

Code*, as amended by the Copyright Royalty Tribunal Reform Act of 1993.

Pub. L. No. 103-198, 107 Stat. 2304.

51 Pursuant to this subsection and section 803(a)(3) of title 17, the

current rates have been established by regulation and may be found at 37

C.F.R. 255.

52 The Berne Convention Implementation Act of 1988 added section 116A.

Pub. L. No. 100-568, 102 Stat. 2853, 2855. The Copyright Royalty

Tribunal Reform Act of 1993 redesignated section 116A as section 116;

repealed the preexisting section 116; in the redesignated section 116,

struck subsections (b), (e), (f) and (g), and redesignated subsections

(c) and (d) as subsections (b) and (c), respectively; and substituted,

where appropriate, "Librarian of Congress" or "copyright arbitration

royalty panel" for "Copyright Royalty Tribunal." Pub. L. No. 103-198,

107 Stat. 2304, 2309. In 1997, section 116 was amended by rewriting

subsection (b)(2) and by adding a new subsection (d). Pub. L. No.

105-80, 111 Stat. 1529, 1531.

53 In 1980, section 117 was amended in its entirety. Pub. L. No.

96-517, 94 Stat. 3015, 3028. In 1998, the Computer Maintenance

Competition Assurance Act amended section 117 by inserting headings for

subsections (a) and (b) and by adding subsections (c) and (d). Pub. L.

No. 105-304, 112 Stat. 2860, 2887.

54 The Copyright Royalty Tribunal Reform Act of 1993 amended section

118 by striking the first two sentences of subsection (b), by

substituting a new first sentence in paragraph (3) and by making general

conforming amendments throughout. Pub. L. 103-198, 107 Stat. 2304, 2309.

In 1999, a technical amendment deleted paragraph (2) from section

118(e). Pub. L. No. 106-44, 113 Stat. 221, 222.

55 The Satellite Home Viewer Act of 1988 added section 119. Pub. L. No.

100-667, 102 Stat. 3935, 3949. The Copyright Royalty Tribunal Reform Act

of 1993 amended subsections (b) and (c) of section 119 by substituting

"Librarian of Congress" in lieu of "Copyright Royalty Tribunal" wherever

it appeared and by making related conforming amendments. Pub. L. No.

103-198, 107 Stat. 2304, 2310. The Copyright Royalty Tribunal Reform Act

of 1993 also amended paragraph (c)(3) by deleting subparagraphs (B),

(C), (E) and (F) and by redesignating subparagraph (D) as (B), (G) as

(C) and (H) as (D). The redesignated subparagraph (C) was amended in its

entirety and paragraph (c)(4) was deleted. Id.

The Satellite Home Viewer Act of 1994 further amended section 119. Pub.

L. No. 103-369, 108 Stat. 3477. In 1997, technical corrections and

clarifications were made to the Satellite Home Viewer Act of 1994. Pub.

L. No. 105-80, 111 Stat. 1529. Those two acts amended section 119 as

follows: 1) by deleting or replacing obsolete effective dates; 2) in

subsection (a)(5), by adding subparagraph (D); 3) in subsection (a), by

adding paragraphs (8), (9) and (10); 4) in subsection (b)(1)(B), by

adjusting the royalty rate for retransmitted superstations; 5) in

subsection (c)(3), by replacing subparagraph (B) with an amendment in

the nature of a substitute; 6) in subsections (d)(2) and (d)(6), by

modifying the definition of "network station" and "satellite carrier";

and 7) in subsection (d), by adding paragraph 11 to define "local

market."

Pursuant to section 4 of the Satellite Home Viewer Act of 1994, the

changes made by that Act to section 119 of the United States Code

ceased to be effective on December 31, 1999. Pub. L. No. 103-369, 108

Stat. 3477, 3481. However, section 1003 of the Satellite Home Viewer

Improvement Act of 1999 extended that date to December 31, 2004. Pub. L.

No. 106-113, 113 Stat. 1501, app. I at 1501A-527.

The Digital Performance Right in Sound Recordings Act of 1995 amended

section 119 in the first sentence of subsections (a)(1) and (a)(2)(A),

respectively, by inserting the words "and section 114(d)" after "of this

subsection." Pub. L. No. 104-39, 109 Stat. 336, 348. In 1999, a

technical amendment substituted "network station's" for "network's

stations" in section 119(a)(8)(C)(ii). Pub. L. No. 106-44, 113 Stat.

221, 222.

The Satellite Home Viewer Improvement Act of 1999 amended section 119(a)

(1) as follows: 1) by inserting "AND PBS SATELLITE FEED" after

"SUPERSTATIONS" in the paragraph heading; 2) by inserting "performance

or display of a work embodied in a primary transmission made by a

superstation or by the Public Broadcasting Service satellite feed" in

lieu of "primary transmission made by a superstation and embodying a

performance or display of a work," (see endnote 55, infra) and 3) by

adding the last sentence, which begins "In the case of the Public

Broadcasting Service." Pub. L. No. 106-113, 113 Stat. 1501, app. I at

1501A-530 and 543. The Act states that these amendments shall be

effective as of July 1, 1999, except for a portion of the second item,

starting with "performance or display" through "superstation." Pub. L.

No. 106-113, 113 Stat. 1501, app. I at 1501A-544. The Act also amended

section 119(a) by inserting the phrase "with regard to secondary

transmissions the satellite carrier is in compliance with the rules,

regulations, or authorization of the Federal Communications Commission

governing the carriage of television broadcast stations signals" in

paragraphs (1) and (2) and by inserting into paragraph (2), "a

performance or display of a work embodied in a primary transmission made

by