|
U.S. Code as of:
01/19/04
Section 118. Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting
(a) The exclusive rights provided by section 106 shall, with
respect to the works specified by subsection (b) and the activities
specified by subsection (d), be subject to the conditions and
limitations prescribed by this section.
(b) Notwithstanding any provision of the antitrust laws, any
owners of copyright in published nondramatic musical works and
published pictorial, graphic, and sculptural works and any public
broadcasting entities, respectively, may negotiate and agree upon
the terms and rates of royalty payments and the proportionate
division of fees paid among various copyright owners, and may
designate common agents to negotiate, agree to, pay, or receive
payments.
(1) Any owner of copyright in a work specified in this
subsection or any public broadcasting entity may submit to the
Librarian of Congress proposed licenses covering such activities
with respect to such works. The Librarian of Congress shall
proceed on the basis of the proposals submitted as well as any
other relevant information. The Librarian of Congress shall
permit any interested party to submit information relevant to
such proceedings.
(2) License agreements voluntarily negotiated at any time
between one or more copyright owners and one or more public
broadcasting entities shall be given effect in lieu of any
determination by the Librarian of Congress: Provided, That copies
of such agreements are filed in the Copyright Office within
thirty days of execution in accordance with regulations that the
Register of Copyrights shall prescribe.
(3) In the absence of license agreements negotiated under
paragraph (2), the Librarian of Congress shall, pursuant to
chapter 8, convene a copyright arbitration royalty panel to
determine and publish in the Federal Register a schedule of rates
and terms which, subject to paragraph (2), shall be binding on
all owners of copyright in works specified by this subsection and
public broadcasting entities, regardless of whether such
copyright owners have submitted proposals to the Librarian of
Congress. In establishing such rates and terms the copyright
arbitration royalty panel may consider the rates for comparable
circumstances under voluntary license agreements negotiated as
provided in paragraph (2). The Librarian of Congress shall also
establish requirements by which copyright owners may receive
reasonable notice of the use of their works under this section,
and under which records of such use shall be kept by public
broadcasting entities.
(c) The initial procedure specified in subsection (b) shall be
repeated and concluded between June 30 and December 31, 1997, and
at five-year intervals thereafter, in accordance with regulations
that the Librarian of Congress shall prescribe.
(d) Subject to the terms of any voluntary license agreements that
have been negotiated as provided by subsection (b)(2), a public
broadcasting entity may, upon compliance with the provisions of
this section, including the rates and terms established by a
copyright arbitration royalty panel under subsection (b)(3), engage
in the following activities with respect to published nondramatic
musical works and published pictorial, graphic, and sculptural
works:
(1) performance or display of a work by or in the course of a
transmission made by a noncommercial educational broadcast
station referred to in subsection (g); and
(2) production of a transmission program, reproduction of
copies or phonorecords of such a transmission program, and
distribution of such copies or phonorecords, where such
production, reproduction, or distribution is made by a nonprofit
institution or organization solely for the purpose of
transmissions specified in paragraph (1); and
(3) the making of reproductions by a governmental body or a
nonprofit institution of a transmission program simultaneously
with its transmission as specified in paragraph (1), and the
performance or display of the contents of such program under the
conditions specified by paragraph (1) of section 110, but only if
the reproductions are used for performances or displays for a
period of no more than seven days from the date of the
transmission specified in paragraph (1), and are destroyed before
or at the end of such period. No person supplying, in accordance
with paragraph (2), a reproduction of a transmission program to
governmental bodies or nonprofit institutions under this
paragraph shall have any liability as a result of failure of such
body or institution to destroy such reproduction: Provided, That
it shall have notified such body or institution of the
requirement for such destruction pursuant to this paragraph: And
provided further, That if such body or institution itself fails
to destroy such reproduction it shall be deemed to have
infringed.
(e) Except as expressly provided in this subsection, this section
shall have no applicability to works other than those specified in
subsection (b). Owners of copyright in nondramatic literary works
and public broadcasting entities may, during the course of
voluntary negotiations, agree among themselves, respectively, as to
the terms and rates of royalty payments without liability under the
antitrust laws. Any such terms and rates of royalty payments shall
be effective upon filing in the Copyright Office, in accordance
with regulations that the Register of Copyrights shall prescribe.
(f) Nothing in this section shall be construed to permit, beyond
the limits of fair use as provided by section 107, the unauthorized
dramatization of a nondramatic musical work, the production of a
transmission program drawn to any substantial extent from a
published compilation of pictorial, graphic, or sculptural works,
or the unauthorized use of any portion of an audiovisual work.
(g) As used in this section, the term "public broadcasting
entity" means a noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit institution or
organization engaged in the activities described in paragraph (2)
of subsection (d).
|
|