Laws: Cases and Codes : U.S. Code : Title 17 : Section 119
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U.S. Code as of:
01/19/04
Section 119 - Notes
SOURCE
(Added Pub. L. 100-667, title II, Sec. 202(2), Nov. 16, 1988, 102
Stat. 3949; amended Pub. L. 103-198, Sec. 5, Dec. 17, 1993, 107
Stat. 2310; Pub. L. 103-369, Sec. 2, Oct. 18, 1994, 108 Stat. 3477;
Pub. L. 104-39, Sec. 5(c), Nov. 1, 1995, 109 Stat. 348; Pub. L.
105-80, Secs. 1, 12(a)(8), Nov. 13, 1997, 111 Stat. 1529, 1535;
Pub. L. 106-44, Sec. 1(g)(4), Aug. 5, 1999, 113 Stat. 222; Pub. L.
106-113, div. B, Sec. 1000(a)(9) [title I, Secs. 1004-1007,
1008(b), 1011(b)(2), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-527
to 1501A-531, 1501A-537, 1501A-543, 1501A-544; Pub. L. 107-273,
div. C, title III, Secs. 13209, 13210(1), (8), Nov. 2, 2002, 116
Stat. 1908, 1909.)
TERMINATION OF SECTION
For termination of section by section 4(a) of Pub. L. 103-369,
see Termination of Section note below.
REFERENCES IN TEXT
For effective date of the Satellite Home Viewer Act of 1994,
referred to in subsec. (a)(8)(C)(i), see section 6 of Pub. L.
103-369, set out as an Effective and Termination Dates of 1994
Amendment note below.
The Communications Act of 1934, referred to in subsec. (d)(6), is
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is
classified principally to chapter 5 (Sec. 151 et seq.) of Title 47,
Telegraphs, Telephones, and Radiotelegraphs. Sections 339 and 397
of the Act are classified to sections 339 and 397, respectively, of
Title 47. For complete classification of this Act to the Code, see
section 609 of Title 47 and Tables.
AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-273, Sec. 13209(3)(B), amended
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)]. See
1999 Amendment note below.
Pub. L. 107-273, Sec. 13209(3)(A), amended Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1006(a)]. See 1999 Amendment note below.
Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 13209(1)(A), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1007(2)]. See 1999 Amendment note below.
Subsec. (a)(6). Pub. L. 107-273, Sec. 13210(1), substituted "of a
performance" for "of performance".
Subsec. (a)(12). Pub. L. 107-273, Sec. 13209(1)(B), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1007(3)]. See 1999 Amendment note below.
Subsec. (b)(1)(A). Pub. L. 107-273, Sec. 13210(8), substituted
"retransmitted" for "transmitted" and "retransmissions" for
"transmissions".
Subsec. (b)(1)(B)(ii). Pub. L. 107-273, Sec. 13209(2), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1006(b)]. See 1999 Amendment note below.
1999 - Subsec. (a)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], as amended by Pub. L. 107-273, Sec.
13209(3)(B), substituted "performance or display of a work embodied
in a primary transmission made by a superstation or by the Public
Broadcasting Service satellite feed" for "primary transmission made
by a superstation and embodying a performance or display of a
work".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(1)],
inserted "with regard to secondary transmissions the satellite
carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission governing
the carriage of television broadcast station signals," after
"satellite carrier to the public for private home viewing,".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)], as
amended by Pub. L. 107-273, Sec. 13209(3)(A), in heading
substituted "Superstations and pbs satellite feed" for
"Superstations" and in text inserted "In the case of the Public
Broadcasting Service satellite feed, the statutory license shall be
effective until January 1, 2002." at end. Pub. L. 107-273, Sec.
13209(3)(A)(ii), which repealed Pub. L. 106-113, Sec. 1000(a)(9)
[title I, Sec. 1006(a)(2)], was executed by striking out "or by the
Public Broadcasting Service satellite feed" which had been inserted
by section 1006(a)(2) after "of a primary transmission made by a
superstation", to reflect the probable intent of Congress.
Subsec. (a)(2)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], substituted "a performance or display of a
work embodied in a primary transmission made by a network station"
for "programming contained in a primary transmission made by a
network station and embodying a performance or display of a work".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(2)], as
amended by Pub. L. 107-273, Sec. 13209(1)(A), inserted "with regard
to secondary transmissions the satellite carrier is in compliance
with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals," after "satellite carrier to the public
for private home viewing,".
Subsec. (a)(2)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(a)(2)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The statutory
license provided for in subparagraph (A) shall be limited to
secondary transmissions to persons who reside in unserved
households."
Subsec. (a)(2)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(c)], struck out "currently" after "all subscribers to
which the satellite carrier" in first sentence.
Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1011(b)(2)(C)], inserted "a performance or display of a work
embodied in" after "by a satellite carrier of" and struck out "and
embodying a performance or display of a work" after "network
station".
Subsec. (a)(5)(E). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(b)], added subpar. (E).
Subsec. (a)(6). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1011(b)(2)(D)], inserted "performance or display of a work embodied
in" after "by a satellite carrier of" and struck out "and embodying
a performance or display of a work" after "network station".
Subsec. (a)(8)(C)(ii). Pub. L. 106-44 substituted "within the
network station's" for "within the network's station" in first
sentence.
Subsec. (a)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(d)], added par. (11).
Subsec. (a)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1007(3)], as amended by Pub. L. 107-273, Sec. 13209(1)(B), added
par. (12).
Subsec. (b)(1)(B)(ii). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1006(b)], as amended by Pub. L. 107-273, Sec. 13209(2),
inserted "or the Public Broadcasting Service satellite feed" after
"network station".
Subsec. (c)(4), (5). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1004], added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1008(b)], substituted a semicolon for the period at end of subpar.
(B) and inserted concluding provisions.
Subsec. (d)(9). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1006(c)(1)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The term
'superstation' means a television broadcast station, other than a
network station, licensed by the Federal Communications Commission
that is secondarily transmitted by a satellite carrier."
Subsec. (d)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(a)(1)], added par. (10) and struck out heading and text of
former par. (10). Text read as follows: "The term 'unserved
household', with respect to a particular television network, means
a household that -
"(A) cannot receive, through the use of a conventional outdoor
rooftop receiving antenna, an over-the-air signal of grade B
intensity (as defined by the Federal Communications Commission)
of a primary network station affiliated with that network, and
"(B) has not, within 90 days before the date on which that
household subscribes, either initially or on renewal, to receive
secondary transmissions by a satellite carrier of a network
station affiliated with that network, subscribed to a cable
system that provides the signal of a primary network station
affiliated with that network."
Subsec. (d)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(e)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The term
'local market' means the area encompassed within a network
station's predicted Grade B contour as that contour is defined by
the Federal Communications Commission."
Subsec. (d)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1006(c)(2)], added par. (12).
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(c)], amended heading and text of subsec. (e) generally. Prior
to amendment, text read as follows: "No provision of section 111 of
this title or any other law (other than this section) shall be
construed to contain any authorization, exemption, or license
through which secondary transmissions by satellite carrier for
private home viewing of programming contained in a primary
transmission made by a superstation or a network station may be
made without obtaining the consent of the copyright owner."
1997 - Subsec. (a)(5)(C). Pub. L. 105-80, Sec. 1(3), amended Pub.
L. 103-369, Sec. 2(5)(A). See 1994 Amendment note below.
Subsec. (b)(1)(B)(i). Pub. L. 105-80, Sec. 1(1), amended Pub. L.
103-369, Sec. 2(3)(A). See 1994 Amendment note below.
Subsec. (c)(1). Pub. L. 105-80, Sec. 12(a)(8), which directed
substitution of "unless" for "until unless" before "a royalty fee",
could not be executed because "until" did not appear subsequent to
amendment by Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L.
105-80, Sec. 1(2). See 1994 Amendment note below.
Pub. L. 105-80, Sec. 1(2), amended Pub. L. 103-369, Sec. 2(4)(A).
See 1994 Amendment note below.
Subsec. (c)(2)(A), (D), (3)(A)-(C). Pub. L. 105-80, Sec. 1(2),
amended Pub. L. 103-369, Sec. 2(4). See 1994 Amendment notes below.
1995 - Subsec. (a)(1), (2)(A). Pub. L. 104-39 inserted "and
section 114(d)" after "of this subsection".
1994 - Subsec. (a)(2)(C). Pub. L. 103-369, Sec. 2(1), struck out
"90 days after the effective date of the Satellite Home Viewer Act
of 1988, or" before "90 days after commencing", "whichever is
later," before "submit to the network that owns", and ", on or
after the effective date of the Satellite Home Viewer Act of 1988,"
after "Register of Copyrights", and inserted "name and" after
"identifying (by" in two places.
Subsec. (a)(5)(C). Pub. L. 103-369, Sec. 2(5)(A), as amended by
Pub. L. 105-80, Sec. 1(3), substituted "November 16, 1988" for "the
date of the enactment of the Satellite Home Viewer Act of 1988".
Subsec. (a)(5)(D). Pub. L. 103-369, Sec. 2(2), added subpar. (D).
Subsec. (a)(8) to (10). Pub. L. 103-369, Sec. 2(5)(B), added
pars. (8) to (10).
Subsec. (b)(1)(B)(i). Pub. L. 103-369, Sec. 2(3)(A), as amended
by Pub. L. 105-80, Sec. 1(1), substituted "17.5 cents per
subscriber in the case of superstations that as retransmitted by
the satellite carrier include any program which, if delivered by
any cable system in the United States, would be subject to the
syndicated exclusivity rules of the Federal Communications
Commission, and 14 cents per subscriber in the case of
superstations that are syndex-proof as defined in section 258.2 of
title 37, Code of Federal Regulations" for "12 cents".
Subsec. (b)(1)(B)(ii). Pub. L. 103-369, Sec. 2(3)(B), substituted
"6 cents" for "3 cents".
Subsec. (c)(1). Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub.
L. 105-80, Sec. 1(2), struck out "until December 31, 1992," before
"unless a royalty fee", substituted "paragraph (2) or (3) of this
subsection" for "paragraph (2), (3), or (4) of this subsection",
and struck out at end "After that date, the fee shall be determined
either in accordance with the voluntary negotiation procedure
specified in paragraph (2) or in accordance with the compulsory
arbitration procedure specified in paragraphs (3) and (4)."
Subsec. (c)(2)(A). Pub. L. 103-369, Sec. 2(4)(B)(i), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "July 1, 1996" for "July
1, 1991".
Subsec. (c)(2)(D). Pub. L. 103-369, Sec. 2(4)(B)(ii), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "December 31, 1999, or in
accordance with the terms of the agreement, whichever is later" for
"December 31, 1994".
Subsec. (c)(3)(A). Pub. L. 103-369, Sec. 2(4)(C)(i), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "January 1, 1997" for
"December 31, 1991".
Subsec. (c)(3)(B). Pub. L. 103-369, Sec. 2(4)(C)(ii), as amended
by Pub. L. 105-80, Sec. 1(2), amended subpar. (B) generally. Prior
to amendment, subpar. (B) read as follows:
"(B) Factors for determining royalty fees. - In determining
royalty fees under this paragraph, the copyright arbitration
royalty panel appointed under chapter 8 shall consider the
approximate average cost to a cable system for the right to
secondarily transmit to the public a primary transmission made by a
broadcast station, the fee established under any voluntary
agreement filed with the Copyright Office in accordance with
paragraph (2), and the last fee proposed by the parties, before
proceedings under this paragraph, for the secondary transmission of
superstations or network stations for private home viewing. The fee
shall also be calculated to achieve the following objectives:
"(i) To maximize the availability of creative works to the
public.
"(ii) To afford the copyright owner a fair return for his or
her creative work and the copyright user a fair income under
existing economic conditions.
"(iii) To reflect the relative roles of the copyright owner and
the copyright user in the product made available to the public
with respect to relative creative contribution, technological
contribution, capital investment, cost, risk, and contribution to
the opening of new markets for creative expression and media for
their communication.
"(iv) To minimize any disruptive impact on the structure of the
industries involved and on generally prevailing industry
practices."
Subsec. (c)(3)(C). Pub. L. 103-369, Sec. 2(4)(C)(iii), as amended
by Pub. L. 105-80, Sec. 1(2), inserted before period at end "or
July 1, 1997, whichever is later".
Subsec. (d)(2). Pub. L. 103-369, Sec. 2(6)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
"(2) Network station. - The term 'network station' has the
meaning given that term in section 111(f) of this title, and
includes any translator station or terrestrial satellite station
that rebroadcasts all or substantially all of the programming
broadcast by a network station."
Subsec. (d)(6). Pub. L. 103-369, Sec. 2(6)(B), inserted "and
operates in the Fixed-Satellite Service under part 25 of title 47
of the Code of Federal Regulations or the Direct Broadcast
Satellite Service under part 100 of title 47 of the Code of Federal
Regulations" after "Federal Communications Commission".
Subsec. (d)(11). Pub. L. 103-369, Sec. 2(6)(C), added par. (11).
1993 - Subsec. (b)(1). Pub. L. 103-198, Sec. 5(1)(A), struck out
", after consultation with the Copyright Royalty Tribunal," in
introductory provisions after "Register shall" and in subpar. (A)
after "Copyrights may".
Subsec. (b)(2), (3). Pub. L. 103-198, Sec. 5(1)(B), (C),
substituted "Librarian of Congress" for "Copyright Royalty
Tribunal".
Subsec. (b)(4). Pub. L. 103-198, Sec. 5(1)(D), in subpar. (A),
substituted "Librarian of Congress" for "Copyright Royalty
Tribunal" after "claim with the" and for "Tribunal" after
"requirements that the", in subpar. (B), substituted "Librarian of
Congress" for "Copyright Royalty Tribunal" before "shall determine"
and for "Tribunal" wherever else appearing, and substituted
"convene a copyright arbitration royalty panel" for "conduct a
proceeding", and in subpar. (C), substituted "Librarian of
Congress" for "Copyright Royalty Tribunal".
Subsec. (c). Pub. L. 103-198, Sec. 5(2)(A), substituted
"Adjustment" for "Determination" in heading.
Subsec. (c)(2). Pub. L. 103-198, Sec. 5(2)(B), substituted
"Librarian of Congress" for "Copyright Royalty Tribunal" in
subpars. (A) and (B).
Subsec. (c)(3)(A). Pub. L. 103-198, Sec. 5(2)(C)(i), substituted
"Librarian of Congress" for "Copyright Royalty Tribunal" and
substituted last sentence for former last sentence which read as
follows: "Such notice shall include the names and qualifications of
potential arbitrators chosen by the Tribunal from a list of
available arbitrators obtained from the American Arbitration
Association or such similar organization as the Tribunal shall
select."
Subsec. (c)(3)(B). Pub. L. 103-198, Sec. 5(2)(C)(ii), (iii),
redesignated subpar. (D) as (B), substituted "copyright arbitration
royalty panel appointed under chapter 8" for "Arbitration Panel" in
introductory provisions, and struck out former subpar. (B) which
provided for the selection of an Arbitration Panel.
Subsec. (c)(3)(C). Pub. L. 103-198, Sec. 5(2)(C)(ii), (v),
redesignated subpar. (G) as (C), amended subpar. generally,
substituting provisions relating to period during which decision of
arbitration panel or order of Librarian of Congress becomes
effective for provisions relating to period during which decision
of Arbitration Panel or order of Copyright Royalty Tribunal became
effective, and struck out former subpar. (C) which related to
proceedings in arbitration.
Subsec. (c)(3)(D). Pub. L. 103-198, Sec. 5(2)(C)(vi),
redesignated subpar. (H) as (D) and substituted "referred to in
subparagraph (C)" for "adopted or ordered under subparagraph (F)".
Former subpar. (D) redesignated (B).
Subsec. (c)(3)(E) to (H). Pub. L. 103-198, Sec.
5(2)(C)(iv)-(vi)(I), struck out subpar. (E) which required the
Arbitration Panel to report to the Copyright Royalty Tribunal not
later than 60 days after publication of notice initiating an
arbitration proceeding, struck out subpar. (F) which required
action by the Tribunal within 60 days after receiving the report by
the Panel, and redesignated subpars. (G) and (H) as (C) and (D),
respectively.
Subsec. (c)(4). Pub. L. 103-198, Sec. 5(2)(D), struck out par.
(4) which established procedures for judicial review of decisions
of the Copyright Royalty Tribunal.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 106, 111, 122, 501, 511,
801, 802, 803 of this title; title 18 section 2319; title 47
sections 325, 338, 339, 548.
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