/* 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 identity and address of the person who owns or operates the

secondary transmission service or has power to exercise primary

control over it, together with the name and location of the

primary transmitter or primary transmitters whose signals are

regularly carried by the cable system, and thereafter, from time

to time, such further information as the Register of Copyrights,

after consultation with the Copyright Royalty Tribunal (if and

when the Tribunal has been constituted), shall prescribe by

regulation to carry out the purpose of this clause. (2) A cable

system whose secondary transmissions have been subject to

compulsory licensing under subsection (c) shall, on a semiannual

basis, deposit with the Register of Copyrights, in accordance

with requirements that the Register shall, after consultation

with the Copyright Royalty Tribunal (if and when the Tribunal

has been constituted), prescribe by regulation -- (A) a

statement of account, covering the six months next preceding,

specifying the number of channels on which the cable system made

secondary transmissions to its subscribers, the names and

locations of all primary transmitters whose transmissions were

further transmitted by the cable system, the total number of

subscribers, the gross amounts paid to the cable system for the

basic service of providing secondary transmissions of primary

broadcast transmitters, and such other data as the Register of

Copyrights may, after consultation with the Copyright Royalty

Tribunal (if and when the Tribunal has been constituted), from

time to time prescribe by regulation. Such statement shall also

include a special statement of account covering any nonnetwork

television programming that was carried by the cable system in

whole or in part beyond the local service area of the primary

transmitter, under rules, regulations, or authorizations of the

Federal Communications Commission permitting the substitution

or addition or signals under certain circumstances, together with

logs showing the times, dates, stations, and programs involved

in such substituted or added carriage; and (B) except in the case

of a cable system whose royalty is specified in subclause (C) or

(D), a total royalty fee for the period covered by the statement,

computed on the basis of specified percentages of the gross

receipts from subscribers to the cable service during said period

for the basic service of providing secondary transmissions of

primary broadcast transmitters, as follows: (i) 0.675 of 1 per

centum of such gross receipts for the privilege of further

transmitting any nonnetwork programming of a primary transmitter

in whole or in part beyond the local service area of such primary

transmitter, such amount to be applied against the fee, if any,

payable pursuant to paragraphs (ii) through (iv); (ii) 0.675 of 1

per centum of such gross receipts for the first distant signal

equivalent; (iii) 0.425 of 1 per centum of such gross receipts

for each of the second, third, and fourth distant signal

equivalents; (iv) 0.2 of 1 per centum of such gross receipts for

the fifth distant signal equivalent and each additional distant

equivalent thereafter; and in computing the amounts payable under

paragraph (ii) through (iv), above, any fraction of a distant

signal equivalent shall be computed at its fractional value and,

in the case of any cable system located partly within and partly

without the local service area of a primary transmitter, gross

receipts shall be limited to those gross receipts derived from

subscribers located without the local service area of such

primary transmitter; and (C) if the actual gross receipts paid by

subscribers to a cable system for the period covered by the

statement for the basic service of providing secondary

transmissions of primary broadcast transmitters total $80,000 or

less, gross receipts of the cable system for the purpose of this

subclause shall be computed by subtracting from such actual

gross receipts, except that in no case shall a cable system's

gross receipts be reduced to less than $3,000. The royalty fee

payable under this subclause shall be 0.5 of 1 per centum,

regardless of the number of distant signal equivalents, if any;

and (D) if the actual gross receipts paid by subscribers to a

cable system for the period covered by the statement, for the

basic service of providing secondary transmissions of primary

broadcast transmitters, are more than $80,000 but less than

$160,000, the royalty fee payable under this subclause shall be

(i) 0.5 of 1 per centum of any gross receipts up to $80,000; and

(ii) 1 per centum of any gross receipts in excess of 80,000

butless than $160,000 regardless of the number of distant signal

equivalents, if any. (3) 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, 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 United States securities for later

distribution with interest by the Copyright Royalty Tribunal as

provided by this title [17 USC SS 101 et seq.]. The Register

shall submit to the Copyright Royalty Tribunal, on a semiannual

basis, a compilation of all statements of account covering the

relevant six-month period provided by clause (2) of this

subsection.

(4) The royalty fees thus deposited shall, in accordance with the

procedures provided by clause (5), be distributed to those among

the following copyright owners who claim that their works were

the subject of secondary transmissions by cable systems during

the relevant semiannual period: (A) any such owner whose work was

included in a secondary transmission made by a cable system of a

nonnetwork television program in whole or in part beyond the

local service area of the primary transmitter; and (B) any such

owner whose work was included in a secondary transmission

identified in a special statement of account deposited under

clause (2)(A); and

(C) any such owner whose work was included in nonnetwork

programming consisting exclusively of aural signals carried by a

cable system in whole or in part beyond the local service area of

the primary transmitter of such programs.

(5) The royalty fees thus deposited shall be distributed in

accordance with the following procedures: (A) During the month of

July in each year, every person claiming to be entitled to

compulsory license fees for secondary transmissions shall file a

claim with the Copyright Royalty Tribunal, in accordance with

requirements that the Tribunal shall prescribe by regulation.

Notwithstanding any provisions of the antitrust laws, for

purposes of this clause any claimants may agree among themselves

as to the proportionate division of compulsory licensing 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) After the first day of

August of each year, the Copyright Royalty Tribunal shall

determine whether there exists a controversy concerning the

distribution of royalty fees. If the Tribunal determines that no

such controversy exists, it shall, after deducting its reasonable

administrative costs under this section, distribute such fees to

the copyright owners entitled, or to their designated agents. If

the Tribunal finds the existence of a controversy, it shall,

pursuant to chapter 8 of this title [17 USC SS 801 et seq.],

conduct a proceeding to determine the distribution of royalty

fees.

(C) During the pendency of any proceeding under this subsection,

the Copyright Royalty Tribunal 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.

(e) Nonsimultaneous secondary transmissions by cable systems.

(1) Notwithstanding those provisions of the second paragraph of

subsection (f) relating to nonsimultaneous secondary

transmissions by a cable system, any such transmissions are

actionable as an act of infringement under section 501 [17 USC

S 501], and are fully subject to the remedies provided by

sections 502 through 506 and sections 509 and 510 [17 USC SS

502-506, 509, 510], unless --

(A) the program on the videotape is transmitted no more than one

time to the cable system's subscribers; and

(B) the copyrighted program, episode, or motion picture

videotape, including the commercials contained within such

program, episode, or picture, is transmitted without deletion or

editing; and

(C) an owner or officer of the cable system (i) prevents the

duplication of the videotape while in the possession of the

facility making the videotape for the system if the system owns

or controls the facility, or takes reasonable precautions to

prevent such duplication if it does not own or control the

facility, (iii) takes adequate precautions to prevent

duplication while the tape is being transported, and (iv)

subject to clause (2), erases or destroys, or causes the erasure

or destruction of, the videotape; and (D) within forty-five days

after the end of each calendar quarter, and owner or officer of

the cable system executes an affidavit attesting (i) to the steps

and precautions taken to prevent duplication of the videotape,

and (ii) subject to clause (2), to the erasure or destruction of

all videotapes made or used during such quarter; and (E) such

owner or officer places or causes each such affidavit, and

affidavits received pursuant to clause (2)(C), to be placed in a

file, open to public inspection, at such system's main office

in the community where the transmission is made or in the

nearest community where such system maintains an office; and (F)

the nonsimultaneous transmission is one that the cable system

would be authorized to transmit under the rules, regulations, and

authorizations of the Federal Communications Commission in effect

at the time of the nonsimultaneous transmission if the

transmission had been made simultaneously, except that this

subclause shall not apply to inadvertent to accidental

transmissions. (2) If a cable system transfers to any person a

videotape of a program nonsimultaneously transmitted by it, such

transfer 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], except that, pursuant to a written, nonprofit

contract providing for the equitable sharing of the costs of such

videotape and its transfer, a videotape nonsimultaneously

transmitted by it, in accordance with clause (1), may be

transferred by one cable system in Alaska to another system in

Alaska, by one cable system in Hawaii permitted to make such

nonsimultaneous transmissions to another such cable system in

Hawaii, or by one cable system in Guam, the Northern Mariana

Islands, or the Trust Territory of the Pacific Islands, to

another cable system in any of those three territories, if -- (A)

each such contract is available for public inspection in the

offices of the cable systems involved, and a copy of such

contract is filed, within thirty days after such contract is

entered into, with the Copyright Office (which Office shall make

each such contract available for public inspection); and (B) the

cable system to which the videotape is transferred complies with

clause (1)(A), (B), (C)(i), (iii), and (iv), and (D) through (F);

and (C) such system provides a copy of the affidavit required

to be made in accordance with clause (1)(D) to each cable

system making a previous nonsimultaneous transmission of the same

videotape. (3) This subsection shall not be construed to

supersede the exclusivity protection provisions of any existing

agreement, or any such agreement hereafter entered into, between

a cable system and a television broadcast station in the area in

which the cable system is located, or a network with which such

station is affiliated. (4) As used in this subsection, the term

"videotape", and each of its variant forms, means the

reproduction of the images and sounds of a program or programs

broadcast by a television broadcast station licensed by the

Federal Communications Commission, regardless of the nature of

the material objects, such as tapes or films, in which the

reproduction is embodied.

(f) Definitions. As used in this section, the following terms

and their variant forms mean the following:

A "primary transmission" is a transmission made to the public

by the transmitting facility whose signals are being received and

further transmitted by the secondary transmission service,

regardless of where or when the performance or display was first

transmitted. A "secondary transmission" is the further

transmitting of a primary transmission simultaneously with the

primary transmission, or nonsimultaneously with the primary

transmission if by a "cable system" not located in whole or in

part within the boundary of the forty-eight contiguous States,

Hawaii, or Puerto Rico: Provided, however, That a nonsimultaneous

further transmission by a cable system located in Hawaii of a

primary transmission shall be deemed to be a secondary

transmission if the carriage of the television broadcast signal

comprising such further transmission is permissible under the

rules, regulations, or authorizations of the Federal

Communications Commission. A "cable system" is a facility,

located in any State, Territory, Trust Territory, or

Possession, that in whole or in part receives signals

transmitted or programs broadcast by one or more television

broadcast stations licensed by the Federal Communications

Commission, and makes secondary transmissions of such signals or

programs by wires, cables, or other communications channels to

subscribing members of the public who pay for such service. For

purposes of determining the royalty fee under subsection (d)(2),

two or more cable systems in contiguous communities under

common ownership or control or operating from one head end shall

be considered as one system. The "local service area of a

primary transmitter", in the case of a television broadcast

station, comprises the area in which such station is entitled to

insist upon its signal being retransmitted by a cable system

pursuant to the rules, regulations, and authorizations of the

Federal Communications Commission in effect on April 15, 1976, or

in the case of a television broadcast station licensed by an

appropriate governmental authority of Canada or Mexico, the area

in which it would be entitled to insist upon its signal being

retransmitted if it were a television broadcast station subject

to such rules, regulations, and authorizations. The "local

service area of a primary transmitter", in the case of a radio

broadcast station, comprises the primary service area of such

station, pursuant to the rules and regulations of the Federal

Communications Commission. A "distant signal equivalent" is the

value assigned to the secondary transmission of any nonnetwork

television programing carried by a cable system in whole or in

part beyond the local service area of the primary transmitter of

such programing. It is computed by assigning a value of one to

each independent station and a value of one-quarter to each

network station and noncommercial educational station for the

nonnetwork programing so carried pursuant to the rules,

regulations, and authorizations of the Federal Communications

Commission. The foregoing values for independent, network, and

noncommercial educational stations are subject, however, to the

following exceptions and limitations. Where the rules and

regulations of the Federal Communications Commission require a

cable system to omit the further transmission of a particular

program and such rules and regulations also permit the

substitution of another program embodying a performance or

display of a work in place of the omitted transmission, or where

such rules and regulations in effect on the date of enactment of

this Act [enacted Oct. 19, 1976] permit a cable system, at its

election, to effect such deletion and substitution of a nonlive

program or to carry additional programs not transmitted by

primary transmitters within whose local service area the cable

system is located; where the rules, regulations, or

authorizations of the Federal Communications Commission in effect

on the date of enactment of this Act [enacted Oct. 19, 1976]

permit a cable system, at its election, to omit the further

transmission of a particular program and such rules, regulations

or authorizations also permit the substitution of another

program embodying a performance or display of a work in place of

the omitted transmission, the value assigned for the substituted

or additional program shall be, in the case of a live program,

the value of one full distant signal equivalent multiplied by a

fraction that has as its numerator the number of days in the year

in which such substitution occurs and as it denominator the

number of days in the year. In the case of a station carried

pursuant to the late-night or specialty programming rules of the

Federal Communications Commission, or a station carried on a

part- time basis where full-time carriage is not possible

because the cable system lacks the activated channel capacity

to retransmit on a full-time basis all signals which it is

authorized to carry, the values for independent, network, and

noncommercial education stations set forth above, as the case

may be, shall be multiplied by a fraction which is equal to

the ratio of the broadcast hours of such station carried by the

cable system to the total broadcast hours of the station. A

"network station" is a television broadcast station that is

owned or operated by, or affiliated with, one or more of the

television networks in the United States providing nationwide

transmissions, and that transmits a substantial part of the

programming supplied by such networks for a substantial part of

that station's typical broadcast day. An "independent station" is

a commercial television broad- cast station other than a network

station. A "noncommercial educational station" is a television

sta- tion that is a noncommercial educational broadcast station

as defined in section 397 of title 47 [47 USC S 397].

S 112. Limitations on exclusive rights: Ephemeral recordings

(a) Notwithstanding the provisions of section 106 [17 USC S

106], and except in the case of a motion picture or other audio-

visual work, it is not an infringement of copyright for a

transmitting organization entitled to transmit to the public

a performance or display of a work, under a license or transfer

of the copyright or under the limitations on exclusive rights

in sound recordings specified by section 114(a) [17 USC S

114(a)], to make no more than one copy or phonorecord of a

particular transmission program embodying the performance or

display, if -- (1) the copy or phonorecord is retained and used

solely by the transmitting organization that made it, and no

further copies or phonorecords are reproduced from it; and (2)

the copy or phonorecord is used solely for the

transmitting organization's own transmissions within its

local service area, or for purposes of archival preservation or

security; and (3) unless preserved exclusively for archival

purposes, the copy or phonorecord is destroyed within six months

from the date the transmission program was first transmitted to

the public.

(b) Notwithstanding the provisions of section 106 [17 USC S

106], it is not an infringement of copyright for a governmental

body or other nonprofit organization entitled to transmit a

performance or display of a work, under section 110(2) [17 USC S

110(2)] or under the limitations on exclusive rights in sound

recordings specified by section 114(a) [17 USC S 114(a)], to

make no more than thirty copies or phonorecords of a particular

transmission program embodying the performance or display, if --

(1) no further copies or phonorecords are reproduced from

the copies or phonorecords made under this clause; and

(2) except for one copy or phonorecord that may be preserved

exclusively for archival purposes, the copies or phonore-

cords are destroyed within seven years from the date the

transmission program was first transmitted to the public.

(c) Notwithstanding the provisions of section 106 [17 USC S

106], it is not an infringement of copyright for a governmental

body or other nonprofit organization to make for distribution no

more than one copy or phonorecord, for each transmitting

organization specified in clause (2) of this subsection, of a

particular transmission program embodying a performance of a

nondramatic musical work of a religious nature, or of a sound

recording of such a musical work, if --

(1) there is no direct or indirect charge for making or

distributing any such copies or phonorecords; and (2) none of

such copies or phonorecords is used for any performance other

than a single transmission to the public by a transmitting

organization entitled to transmit to the public by a

performance of the work under a license or transfer of the

copyright; and (3) except for one copy or phonorecord that may be

preserved exclusively for archival purposes, the copies or

phonorecords are all destroyed within one year from the date the

transmission program was first transmitted to the public.

(d) Notwithstanding the provisions of section 106 [17 USC S

106], it is not an infringement of copyright for a governmental

body or other nonprofit organization entitled to transmit a

performance of a work under section 110(8) [17 USC S 110(8)] to

make no more than ten copies or phonorecords embodying the

performance, or to permit the use of any such copy or phonorecord

by any governmental body or nonprofit organization entitled to

transmit a performance of a work under section 110(8) [17 USC S

110(8)], if --

(1) any such copy or phonorecord is retained and used solely

by the organization that made it, or by a governmental body

or nonprofit organization entitled to transmit a performance

of a work under section 110(8) [17 USC S 110(8)], and no

further copies or phonorecords are reproduced from it; and

(2) any such copy or phonorecord is used solely for trans-

missions authorized under section 110(8) [17 USC S 110(8)],

or for purposes of archival preservation or security; and

(3) the governmental body or nonprofit organization

permitting any use of any such copy or phonorecord by any

governmental body or nonprofit organization under this

subsection does not make any charge for such use.

(e) The transmission program embodied in a copy or phonorecord

made under this section is not subject to protection as a

derivative work under this title [17 USC SS 101 et seq.] except

with the express consent of the owners of copyright in the

preexisting works employed in the program.

S 113.	Scope of exclusive rights in pictorial, graphic, and

sculptural works

(a) Subject to the provisions of subsections (b) and (c) of this

section, the exclusive right to reproduce a copyrighted

pictorial, graphic, or sculptural work in copies under section

106 [17 USC S 106] includes the right to reproduce the work in

or on any kind of article, whether useful or otherwise.

(b) This title [17 USC SS 101 et seq.] does not afford, to the

owner of copyright in a work that portrays a useful article as

such, any greater or lesser rights with respect to the making,

distribution, or display of the useful article so portrayed than

those afforded to such works under the law, whether title 17 [17

USC SS 101 et seq.] or the common law or statutes of a State, in

effect on December 31, 1977, as held applicable and construed by

a court in an action brought under this title [17 USC SS 101 et

seq.].

(c) In the case of a work lawfully reproduced in useful articles

that have been offered for sale or other distribution to the

public, copyright does not include any right to prevent the

making, distribution, or display of pictures or photographs of

such articles in connection with advertisements or commentaries

related to the distribution or display of such articles, or in

connection with news reports.