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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-26
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/* Yet more copyright code.*/
S 111. Limitations on exclusive rights: Secondary transmissions
(a) Certain secondary transmissions exempted. The secondary
transmission of a primary transmission embodying a performance or
display of a work is not an infringement of copyright if -- (1)
the secondary transmission is not made by a cable system,
and consists entirely of the relaying, by the management of
a hotel, apartment house, or similar establishment, of
signals transmitted by a broadcast station licensed by the
Federal Communications Commission, within the local service
area of such station, to the private lodgings of guests or
residents of such establishment, and no direct charge is made to
see or hear the secondary transmission; or (2) the secondary
transmission is made solely for the purpose and under the
conditions specified by clause (2) of section 110 [17 USC S
110]; or (3) the secondary transmission is made by any carrier
who has no direct or indirect control over the content or
selection of the primary transmission or over the particular
recipients of the secondary transmission, and whose
activities with respect to the secondary transmission consist
solely of providing wires, cables, or other communications
channels for the use of others: Provided, That the provisions
of this clause extend only to the activities of said carrier
with respect to secondary transmissions and do not exempt from
liability the activities of others with respect to their own
primary or secondary transmissions; or (4) the secondary
transmission is not made by a cable system but is made by a
governmental body, or other nonprofit organization, without
any purpose of direct or indirect commercial advantage, and
without charge to the recipients of the secondary
transmission other than assessments necessary to defray the
actual and reasonable costs of maintaining and operating the
secondary transmission service.
(b) Secondary transmission of primary transmission to controlled
group. Notwithstanding the provisions of subsections (a) and
(c), the secondary transmission to the public of a primary
transmission embodying a performance or display of a work is
actionable as an act of infringement under section 501 [17 USC S
501], and is fully subject to the remedies provided by sections
502 through 506 and 509 [17 USC SS 502-506, 509], if the
primary transmission is not made for reception by the public at
large but is controlled and limited to reception by particular
members of the public: Provided, however, That such secondary
transmission is not actionable as an act of infringement if --
(1) the primary transmission is made by a broadcast station
licensed by the Federal Communications Commission; and
(2) the carriage of the signals comprising the secondary
transmission is required under the rules, regulations, or
authorizations of the Federal Communications Commission; and
(3) the signal of the primary transmitter is not altered or
changed in any way by the secondary transmitter.
(c) Secondary transmissions by cable systems. (1) Subject to the
provisions of clauses (2), (3), and (4) of this subsection,
secondary transmissions to the public by a cable system of a
primary transmission made by a broadcast station licensed by the
Federal Communications Commission or by an appropriate
governmental authority of Canada or Mexico and embodying a
performance or display of a work shall be subject to compulsory
licensing upon compliance with the requirements of subsection
(d) where the carriage of the signals comprising the secondary
transmission is permissible under the rules, regulations, or
authorizations of the Federal Communications Commission. (2)
Notwithstanding the provisions of clause (1) of this
subsection, the willful or repeated secondary transmission to
the public by a cable system of a primary transmission made by
a broadcast station licensed by the Federal Communications
Commission or by an appropriate governmental authority of
Canada or Mexico and embodying a performance or display of a
work is actionable as an act of infringement under section 501
[17 USC S 501], and is fully subject to the remedies provided
by sections 502 through 506 and 509 [17 USC S 502-506, 509], in
the following case: (A) where the carriage of the signals
comprising the secondary transmission is not permissible
under the rules, regulations, or authorizations of the
Federal Communications Commission; or (B) where the cable system
has not recorded the notice specified by subsection (d) and
deposited the statement of account and royalty fee required by
subsection (d).
(3) Notwithstanding the provisions of clause (1) of this
subsection and subject to the provisions of subsection (e) of
this section, the secondary transmission to the public by a cable
system or a primary transmission made by a broadcast station
licensed by the Federal Communications Commission or by an
appropriate governmental authority of Canada or Mexico and
embodying a performance or display of a work is actionable
as an act of infringement under section 501 [17 USC S 501], and
is fully subject to the remedies provided by sections 502
through 506 and sections 509 and 510 [17 USC SS 502-506, 509,
510], if the content of the particular program in which the
performance or display is embodied, or any commercial
advertising or station announcements transmitted by the
primary transmitter during, or immediately before or after, the
transmission of such program, is in any way willfully altered by
the cable system through changes, deletions, or additions,
except for the alteration, deletion, or substitution of
commercial advertisements performed by those engaged in
television commercial advertising market research: Provided, That
the research company has obtained the prior consent of the
advertiser who has purchased the original commercial
advertisement, the television station broadcasting that
commercial advertisement, and the cable system performing the
secondary transmission: And provided further, That such
commercial alteration, deletion, or substitution is not
performed for the purpose of deriving income from the sale of
that commercial time. (4) Notwithstanding the provisions of
clause (1) of this subsection, the secondary transmission to
the public by a cable system of a primary transmission made by
a broadcast station licensed by an appropriate governmental
authority of Canada or Mexico and embodying a performance or
display of a work is actionable as an act of infringement under
section 501 [17 USC S 501], and is fully subject to the
remedies provided by sections 502 through 506 and section 509
[17 USC SS 502-506, 509], if (A) with respect to Canadian
signals, the community of the cable system is located more than
150 miles from the United States-Canadian border and is also
located south of the forty-second parallel of latitude, or (B)
with respect to Mexican signals, the secondary transmission
by means other than direct interception of a free space radio
wave emitted by means other than direct interception of a
free space radio wave emitted by such broadcast television
station, unless prior to April 15, 1976, such cable system
was actually carrying, or was specifically authorized to
carry, the signal of such foreign station on the system pursuant
to the rules, regulations, or authorizations of the Federal
Communications Commission.
(d) Compulsory license for secondary transmissions by cable system-
(1) For any secondary transmission to be subject to compulsory
licensing under subsection (c), the cable system shall, at least
one month before the date of the commencement of operations of
the cable system or within one hundred and eighty days after the
enactment of this Act whichever is later, and thereafter within
thirty days after each occasion on which the ownership or control
or the signal carriage complement of the cable system changes,
record in the Copyright Office a notice including a statement of
the identi