United States Code/Title 17/Chapter 1/Section 119

by the United States Government

§ 119—Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing

(a) Secondary Transmissions by Satellite Carriers

(1) SUPERSTATIONS AND PBS SATELLITE FEED.—^[56]Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a superstation or by the Public Broadcasting Service satellite feed shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, 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, and the carrier makes a direct or indirect charge for each retransmission service to each household receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing. In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.

(2) NETWORK STATIONS.—

(A) In general.—Subject to the provisions of subparagraphs (B) and (C) of this paragraph and paragraphs (3), (4), (5), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, 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, and the carrier makes a direct or indirect charge for such retransmission service to each subscriber receiving the secondary transmission.

(B) Secondary transmissions to unserved households.—

(i) In general.—The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions of the signals of no more than two network stations in a single day for each television network to persons who reside in unserved households.

(ii) Accurate determinations of eligibility.—

(I) Accurate predictive model.—In determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98-201, as that model may be amended by the Commission over time under section 339(c)(3) of the Communications Act of 1934 to increase the accuracy of that model.

(II) Accurate measurements.—For purposes of site measurements to determine whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the Communications Act of 1934.

(iii) C-band exemption to unserved households.—

(I) In general.—The limitations of clause (i) shall not apply to any secondary transmissions by C-band services of network stations that a subscriber to C-band service received before any termination of such secondary transmissions before October 31, 1999.

(II) Definition.—In this clause the term "C-band service" means a service that is licensed by the Federal Communications Commission and operates in the Fixed Satellite Service under part 25 of title 47 of the Code of Federal Regulations.

(C) Submission of subscriber lists to networks.—A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission. Thereafter, on the 15th of each month, the satellite carrier shall submit to the network a list identifying (by name and street address, including county and zip code) any persons who have been added or dropped as such subscribers since the last submission under this subparagraph. Such subscriber information submitted by a satellite carrier may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents.

(3) NONCOMPLIANCE WITH REPORTING AND PAYMENT REQUIREMENTS.—Notwithstanding the provisions of paragraphs (1) and (2), the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission made by a superstation or a network station and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, where the satellite carrier has not deposited the statement of account and royalty fee required by subsection (b), or has failed to make the submissions to networks required by paragraph (2)(C).

(4) WILLFUL ALTERATIONS.—Notwithstanding the provisions of paragraphs (1) and (2), the secondary transmission to the public by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a superstation or a network station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and sections 509 and 510, if the content of the particular program in which the performance or display is embodied, or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal.

(5) VIOLATION OF TERRITORIAL RESTRICTIONS ON STATUTORY LICENSE FOR NETWORK STATIONS.—

(A) Individual violations.—The willful or repeated secondary transmission by a satellite carrier of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who does not reside in an unserved household is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506 and 509, except that—

(i) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber, and

(ii) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation occurred.

(B) Pattern of violations.—If a satellite carrier engages in a willful or repeated pattern or practice of delivering a primary transmission made by a network station and embodying a performance or display of a work to subscribers who do not reside in unserved households, then in addition to the remedies set forth in subparagraph (A)—

(i) if the pattern or practice has been carried out on a substantially nationwide basis, the court shall order a permanent injunction barring the secondary transmission by the satellite carrier, for private home viewing, of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $250,000 for each 6-month period during which the pattern or practice was carried out; and

(ii) if the pattern or practice has been carried out on a local or regional basis, the court shall order a permanent injunction barring the secondary transmission, for private home viewing in that locality or region, by the satellite carrier of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $250,000 for each 6-month period during which the pattern or practice was carried out.

(C) Previous subscribers excluded.—Subparagraphs (A) and (B) do not apply to secondary transmissions by a satellite carrier to persons who subscribed to receive such secondary transmissions from the satellite carrier or a distributor before November 16, 1988.

(D) Burden of proof.—In any action brought under this paragraph, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is for private home viewing to an unserved household.

(E) Exception.—The secondary transmission by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a network station to subscribers who do not reside in unserved households shall not be an act of infringement if—

(i) the station on May 1, 1991, was retransmitted by a satellite carrier and was not on that date owned or operated by or affiliated with a television network that offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;

(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of this section; and

(iii) the station is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States.

(6) DISCRIMINATION BY A SATELLITE CARRIER.—Notwithstanding the provisions of paragraph (1), the willful or repeated secondary transmission to the public by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a superstation or a network station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if the satellite carrier unlawfully discriminates against a distributor.

(7) GEOGRAPHIC LIMITATION ON SECONDARY TRANSMISSIONS.—The statutory license created by this section shall apply only to secondary transmissions to households located in the United States.

(8) TRANSITIONAL SIGNAL INTENSITY MEASUREMENT PROCEDURES.—^[Transition]

(A) In general.—Subject to subparagraph (C), upon a challenge by a network station regarding whether a subscriber is an unserved household within the predicted Grade B Contour of the station, the satellite carrier shall, within 60 days after the receipt of the challenge—

(i) terminate service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated; or

(ii) conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household after giving reasonable notice to the network station of the satellite carrier's intent to conduct the measurement.

(B) Effect of measurement.—If the satellite carrier conducts a signal intensity measurement under subparagraph (A) and the measurement indicates that—

(i) the household is not an unserved household, the satellite carrier shall, within 60 days after the measurement is conducted, terminate the service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated; or

(ii) the household is an unserved household, the station challenging the service shall reimburse the satellite carrier for the costs of the signal measurement within 60 days after receipt of the measurement results and a statement of the costs of the measurement.

(C) Limitation on measurements.—

(i) Notwithstanding subparagraph (A), a satellite carrier may not be required to conduct signal intensity measurements during any calendar year in excess of 5 percent of the number of subscribers within the network station's local market that have subscribed to the service as of the effective date of the Satellite Home Viewer Act of 1994.

(ii) If a network station challenges whether a subscriber is an unserved household in excess of 5 percent of the subscribers within the network station's local market within a calendar year, subparagraph (A) shall not apply to challenges in excess of such 5 percent, but the station may conduct its own signal intensity measurement of the subscriber's household after giving reasonable notice to the satellite carrier of the network station's intent to conduct the measurement. If such measurement indicates that the household is not an unserved household, the carrier shall, within 60 days after receipt of the measurement, terminate service to the household of the signal that is the subject of the challenge and within 30 days thereafter notify the network station that made the challenge that service has been terminated. The carrier shall also, within 60 days after receipt of the measurement and a statement of the costs of the measurement, reimburse the network station for the cost it incurred in conducting the measurement.

(D) Outside the predicted grade b contour.—

(i) If a network station challenges whether a subscriber is an unserved household outside the predicted Grade B Contour of the station, the station may conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household after giving reasonable notice to the satellite carrier of the network station's intent to conduct the measurement.

(ii) If the network station conducts a signal intensity measurement under clause (i) and the measurement indicates that—

(I) the household is not an unserved household, the station shall forward the results to the satellite carrier who shall, within 60 days after receipt of the measurement, terminate the service to the household of the signal that is the subject of the challenge, and shall reimburse the station for the costs of the measurement within 60 days after receipt of the measurement results and a statement of such costs; or

(II) the household is an unserved household, the station shall pay the costs of the measurement.

(9) LOSER PAYS FOR SIGNAL INTENSITY MEASUREMENT; RECOVERY OF MEASUREMENT COSTS IN A CIVIL ACTION.—In any civil action filed relating to the eligibility of subscribing households as unserved households—

(A) a network station challenging such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an unserved household; and

(B) a satellite carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the network station challenging such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household.

(10) INABILITY TO CONDUCT MEASUREMENT.—If a network station makes a reasonable attempt to conduct a site measurement of its signal at a subscriber's household and is denied access for the purpose of conducting the measurement, and is otherwise unable to conduct a measurement, the satellite carrier shall within 60 days notice thereof, terminate service of the station's network to that household.

(11) SERVICE TO RECREATIONAL VEHICLES AND COMMERCIAL TRUCKS.—

(A) Exemption.—

(i) In general.—For purposes of this subsection, and subject to clauses (ii) and (iii), the term "unserved household" shall include—

(I) recreational vehicles as defined in regulations of the Secretary of Housing and Urban Development under section 3282.8 of title 24 of the Code of Federal Regulations; and

(II) commercial trucks that qualify as commercial motor vehicles under regulations of the Secretary of Transportation under section 383.5 of title 49 of the Code of Federal Regulations.

(ii) Limitation.—Clause (i) shall apply only to a recreational vehicle or commercial truck if any satellite carrier that proposes to make a secondary transmission of a network station to the operator of such a recreational vehicle or commercial truck complies with the documentation requirements under subparagraphs (B) and (C).

(iii) Exclusion.—For purposes of this subparagraph, the terms "recreational vehicle" and "commercial truck" shall not include any fixed dwelling, whether a mobile home or otherwise.

(B) Documentation requirements.—A recreational vehicle or commercial truck shall be deemed to be an unserved household beginning 10 days after the relevant satellite carrier provides to the network that owns or is affiliated with the network station that will be secondarily transmitted to the recreational vehicle or commercial truck the following documents:

(i) Declaration.—A signed declaration by the operator of the recreational vehicle or commercial truck that the satellite dish is permanently attached to the recreational vehicle or commercial truck, and will not be used to receive satellite programming at any fixed dwelling.

(ii) Registration.—In the case of a recreational vehicle, a copy of the current State vehicle registration for the recreational vehicle.

(iii) Registration and license.—In the case of a commercial truck, a copy of—

(I) the current State vehicle registration for the truck; and

(II) a copy of a valid, current commercial driver's license, as defined in regulations of the Secretary of Transportation under section 383 of title 49 of the Code of Federal Regulations, issued to the operator.

(C) Updated documentation requirements.—If a satellite carrier wishes to continue to make secondary transmissions to a recreational vehicle or commercial truck for more than a 2-year period, that carrier shall provide each network, upon request, with updated documentation in the form described under subparagraph (B) during the 90 days before expiration of that 2-year period.

(12) STATUTORY LICENSE CONTINGENT ON COMPLIANCE WITH FCC RULES AND REMEDIAL STEPS.— Notwithstanding any other provision of this section, the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a broadcast station licensed by the Federal Communications Commission is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if, at the time of such transmission, the satellite carrier is not in compliance with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast station signals.

(b) Statutory License for Secondary Transmissions for Private Home Viewing

(1) DEPOSITS WITH THE REGISTER OF COPYRIGHTS.—A satellite carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall, on a semiannual basis, deposit with the Register of Copyrights, in accordance with requirements that the Register shall prescribe by regulation—

(A) a statement of account, covering the preceding 6-month period, specifying the names and locations of all superstations and network stations whose signals were retransmitted, at any time during that period, to subscribers for private home viewing as described in subsections (a)(1) and (a)(2), the total number of subscribers that received such retransmissions, and such other data as the Register of Copyrights may from time to time prescribe by regulation; and

(B) a royalty fee for that 6-month period, computed by—

(i) multiplying the total number of subscribers receiving each secondary transmission of a superstation during each calendar month by 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;

(ii) multiplying the number of subscribers receiving each secondary transmission of a network station or the Public Broadcasting Service satellite feed during each calendar month by 6 cents; and

(iii) adding together the totals computed under clauses (i) and (ii).

(2) INVESTMENT OF FEES.—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 (other than the costs deducted under paragraph (4)), 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 securities of the United States for later distribution with interest by the Librarian of Congress as provided by this title.

(3) PERSONS TO WHOM FEES ARE DISTRIBUTED.—The royalty fees deposited under paragraph (2) shall, in accordance with the procedures provided by paragraph (4), be distributed to those copyright owners whose works were included in a secondary transmission for private home viewing made by a satellite carrier during the applicable 6-month accounting period and who file a claim with the Copyright Royalty Judges under paragraph (4).

(4) PROCEDURES FOR DISTRIBUTION.—The royalty fees deposited under paragraph (2) shall be distributed in accordance with the following procedures:

(A) Filing of claims for fees.—During the month of July in each year, each person claiming to be entitled to statutory license fees for secondary transmissions for private home viewing shall file a claim with the Copyright Royalty Judges, in accordance with requirements that the Copyright Royalty Judges shall prescribe by regulation. For purposes of this paragraph, any claimants may agree among themselves as to the proportionate division of statutory license 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) Determination of Controversy; Distributions.—After the first day of August of each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents. If the Copyright Royalty Judges find the existence of a controversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees.

(C) Withholding of fees during Controversy.—During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy.

(c) Adjustment of Royalty Fees

(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES.—The rate of the royalty fee payable under subsection (b)(1)(B) shall be effective unless a royalty fee is established under paragraph (2) or (3) of this subsection.

(2) FEE SET BY VOLUNTARY NEGOTIATION.—

(A) Notice of initiation of proceedings.—On or before July 1, 1996, the Librarian of Congress shall cause notice to be published in the Federal Register of the initiation of voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers under subsection (b)(1)(B).

(B) Negotiations.—Satellite carriers, distributors, and copyright owners entitled to royalty fees under this section shall negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements for the payment of royalty fees. Any such satellite carriers, distributors, and copyright owners may at any time negotiate and agree to the royalty fee, and may designate common agents to negotiate, agree to, or pay such fees. If the parties fail to identify common agents, the Copyright Royalty Judges shall do so, after requesting recommendations from the parties to the negotiation proceeding. The parties to each negotiation proceeding shall bear the entire cost thereof.

(C) Agreements binding on parties; filing of agreements.—Voluntary agreements negotiated at any time in accordance with this paragraph shall be binding upon all satellite carriers, distributors, and copyright owners that are parties thereto. Copies of such agreements shall be filed with the Copyright Office within 30 days after execution in accordance with regulations that the Copyright Royalty Judges shall prescribe as provided in section 803(b)(6).

(D) Period agreement is in effect.—The obligation to pay the royalty fees established under a voluntary agreement which has been filed with the Copyright Office in accordance with this paragraph shall become effective on the date specified in the agreement, and shall remain in effect until December 31, 1999, or in accordance with the terms of the agreement, whichever is later.

(3) FEE SET BY COMPULSORY ARBITRATION.—

(A) Notice of initiation of proceedings.—On or before January 1, 1997, the Librarian of Congress shall cause notice to be published in the Federal Register of the initiation of proceedings for the purpose of determining a reasonable royalty fee to be paid under subsection (b)(1)(B) by satellite carriers who are not parties to a voluntary agreement filed with the Copyright Office in accordance with paragraph (2). Such proceedings shall be conducted under chapter 8.

(B) Establishment of royalty fees.—In determining royalty fees under this paragraph, the Copyright Royalty Judges shall establish fees for the retransmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions. In determining the fair market value, the Copyright Royalty Judges shall base their determination on economic, competitive, and programming information presented by the parties, including—

(i) the competitive environment in which such programming is distributed, the cost of similar signals in similar private and compulsory license marketplaces, and any special features and conditions of the retransmission marketplace;

(ii) the economic impact of such fees on copyright owners and satellite carriers; and

(iii) the impact on the continued availability of secondary transmissions to the public.

(C) Period during which determination under chapter 8 effective.—The obligation to pay the royalty fee established under a determination which—

(i) is made by the Copyright Royalty Judges pursuant to this paragraph and becomes final, or

(ii) is made by the court on appeal under section 803(d)(3),

shall become effective as provided in section 802(g), or July 1, 1997, whichever is later.

(D) Persons subject to royalty fee.—The royalty fee referred to in subparagraph (C) shall be binding on all satellite carriers, distributors, and copyright owners, who are not party to a voluntary agreement filed with the Copyright Office under paragraph (2).

(4) REDUCTION.—

(A) Superstation.—The rate of the royalty fee in effect on January 1, 1998, payable in each case under subsection (b)(1)(B)(i) shall be reduced by 30 percent.

(B) Network and public broadcasting satellite feed.—The rate of the royalty fee in effect on January 1, 1998, payable under subsection (b)(1)(B)(ii) shall be reduced by 45 percent.

(5) PUBLIC BROADCASTING SERVICE AS AGENT.—For purposes of section 802, with respect to royalty fees paid by satellite carriers for retransmitting the Public Broadcasting Service satellite feed, the Public Broadcasting Service shall be the agent for all public television copyright claimants and all Public Broadcasting Service member stations.

(d) Definitions

As used in this section—

(1) DISTRIBUTOR.&mdashThe term "distributor" means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers for private home viewing or indirectly through other program distribution entities.

(2) NETWORK STATION.—The term "network station" means—

(A) a television broadcast station, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or

(B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934).

(3) PRIMARY NETWORK STATION.—The term "primary network station" means a network station that broadcasts or rebroadcasts the basic programming service of a particular national network.

(4) PRIMARY TRANSMISSION.—The term "primary transmission" has the meaning given that term in section 111(f) of this title.

(5) PRIVATE HOME VIEWING.—The term "private home viewing" means the viewing, for private use in a household by means of satellite reception equipment which is operated by an individual in that household and which serves only such household, of a secondary transmission delivered by a satellite carrier of a primary transmission of a television station licensed by the Federal Communications Commission.

(6) SATELLITE CARRIER.—The term "satellite carrier" means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission 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 to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing.

(7) SECONDARY TRANSMISSION.—The term "secondary transmission" has the meaning given that term in section 111(f) of this title.

(8) SUBSCRIBER.—The term "subscriber" means an individual who receives a secondary transmission service for private home viewing by means of a secondary transmission from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.

(9) SUPERSTATION.—The term "superstation"—

(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and

(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.

(10) UNSERVED HOUSEHOLD.—The term "unserved household", with respect to a particular television network, means a household that—

(A) cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999;

(B) is subject to a waiver granted under regulations established under section 339(c)(2) of the Communications Act of 1934;

(C) is a subscriber to whom subsection (e) applies;

(D) is a subscriber to whom subsection (a)(11) applies; or

(E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies.

(11) LOCAL MARKET.—The term "local market" has the meaning given such term under section 122(j).

(12) PUBLIC BROADCASTING SERVICE SATELLITE FEED.—The term "Public Broadcasting Service satellite feed" means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.

(e) Moratorium on Copyright Liability

Until December 31, 2004, a subscriber who does not receive a signal of Grade A intensity (as defined in the regulations of the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999, or predicted by the Federal Communications Commission using the Individual Location Longley-Rice methodology described by the Federal Communications Commission in Docket No. 98-201) of a local network television broadcast station shall remain eligible to receive signals of network stations affiliated with the same network, if that subscriber had satellite service of such network signal terminated after July 11, 1998, and before October 31, 1999, as required by this section, or received such service on October 31, 1999.

Amendment history

Section 119 was added by the Satellite Home Viewer Act of 1988 (Pub. L. No. 100-667, Nov. 16, 1988, 102 Stat. 3935).

Copyright Royalty Tribunal Reform Act of 1993

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

• Amended subsections (b) and (c) by substituting "Librarian of Congress" for "Copyright Royalty Tribunal" throughout.
• Deleted old subparagraphs (c)(3)(B), (C), (E), (F) and (G) and renumbered old subparagraphs (c)(3)(D) and (H) as new subparagraphs (c)(3)(B) and (D) respectively.
• Added new subparagraph (c)(3)(C).
• Deleted old paragraph (c)(4)

Satellite Home Viewer Act of 1994

Pub. L. No. 103-369, Oct. 18, 1994, 108 Stat. 3477. These amendments ceased to be effective on December 31, 1999 (Sec. 4): this date was extended to December 31, 2004, by the Satellite Home Viewer Improvement Act of 1999 (Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-527).

• Deleted or replaced obsolete effective dates.
• Added subparagraph (a)(5)(D), with effect from October 18, 1994, or from January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before October 18, 1994.
• Added paragraph (a)(8), with effect from October 18, 1994, until December 31, 1996.
• Added paragraphs (a)(9) and (10).
• Amended subsection (b)(1)(B) by adjusting the royalty rate for retransmitted superstations.
• Substuted new text for subparagraph (c)(3)(B).
• Amended subsections (d)(2) and (d)(6) (definitions of "network station" and "satellite carrier")
• Added paragraph (d)(11) (definition of "local market").

Public Law No. 105-80

111 Stat. 1529

• Made technical corrections and clarifications to the Satellite Home Viewer Act of 1994.

Digital Performance Right in Sound Recordings Act of 1995

Pub. L. No. 104-39, 109 Stat. 336

• Amended paragraph (a)(1) and subparagraph (a)(2)(A) by inserting the words "and section 114(d)" after "of this subsection" in the first sentences.

Public Law No. 106-44

113 Stat. 221

• Amended clause 119(a)(8)(C)(ii) by substituting "network station’s" for "network’s stations"

Satellite Home Viewer Improvement Act of 1999

Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-527 amended section 119(a)(1) as follows:

• Amended paragraph (a)(1) by adding "AND PBS SATELLITE FEED" after "SUPERSTATIONS" in the heading, with effect from July 1, 1999.
• Amended paragraph (a)(1) by substituting "performance or display of a work embodied in a primary transmission made by a superstation" for "primary transmission made by a superstation [or by the Public Broadcasting Service satellite feed] and embodying a performance or display of a work", with effect from July 1, 1999. (ambiguous amendment clarified by the Intellectual Property and High Technology Technical Amendments Act of 2002, Pub. L. 107-273, 116 Stat. 1758)
• Amended paragraph (a)(1) by adding the last sentence ("In the case of the Public Broadcasting Service..."), with effect from July 1, 1999.
• Amended paragraph (a)(1) by adding 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".
• Amended paragraph (a)(2) by adding 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".
• Amended paragraph (a)(2) by substituting "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".
• Substituted new text for subparagraph (a)(2)(B).
• Amended subparagraph (a)(2)(C) by deleting "currently" after "the satellite carrier" near the end of the first sentence.
• Amended paragraph 119(a)(4) by addting "a performance or display of a work embodied in" after "by a satellite carrier of" and by deleting "and embodying a performance or display of a work".
• Added subparagraph (a)(5)(E).
• Amended paragraph (a)(6) by adding "performance or display of a work embodied in" after "by a satellite carrier of" and by deleting "and embodying a performance or display of a work".
• Added paragraphs (a)(11) and (12). (ambiguous amendment clarified by the Intellectual Property and High Technology Technical Amendments Act of 2002, Pub. L. 107-273, 116 Stat. 1758)
• Amended subparagraph(b)(1)(B) by adding "or the Public Broadcasting Service satellite feed". (ambiguous amendment clarified by the Intellectual Property and High Technology Technical Amendments Act of 2002, Pub. L. 107-273, 116 Stat. 1758)
• Added paragraphs (c)(4) and (5), with effect from July 1, 1999.
• Substituted new text for paragraphs (d)(9), (10) and (11), with effect from July 1, 1999.
• Added paragraph (d)(12), with effect from July 1, 1999.
• Substituted new text for subsection (e).

Intellectual Property and High Technology Technical Amendments Act of 2002

Pub. L. 107-273, 116 Stat. 1758

• Clarified an amendment to paragraph (a)(1) made by the Satellite Home Viewer Improvement Act of 1999. The result of the two Acts is to substitute "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".
• Clarified an amendment made by the Satellite Home Viewer Improvement Act of 1999. The position of the new paragraphs numbered (11) and (12) is at the end of the modified subsection (a).
• Amended section (a)(6) by substituting "of a performance" for "of performance".
• Amended section (b)(1)(A) by substituting "retransmitted" and "retransmissions" for "transmitted" and "transmitted", respectively.
• Clarified the amendment to subparagraph (b)(1)(B) made by the Satellite Home Viewer Improvement Act of 1999. The words "or the Public Broadcasting Service satellite feed" are added to clause (ii) and not to clause (iii).

Copyright Royalty and Distribution Reform Act of 2004

Pub. L. No. 108-419, Nov. 30, 2004, 118 Stat. 2341

• Amended paragraph (b)(3) by substituting "Copyright Royalty Judges" for "Librarian of Congress".
• Amended subparagraph (b)(4)(A) by substituting "Copyright Royalty Judges" for "Librarian of Congress" throughout.
• Substituted new text for subparagraphs (b)(4)(B) and (C). Previous text read:

"(B) Determination of controversy; distributions.—After the first day of August of each year, the Librarian of Congress shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Librarian of Congress determines that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents. If the Librarian of Congress finds the existence of a controversy, the Librarian of Congress shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty fees.

"(C) Withholding of fees during controversy.—During the pendency of any proceeding under this subsection, the Librarian of Congress 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."

• Amended subparagraph (c)(2)(B) by substituting "Copyright Royalty Judges" for "Librarian of Congress".
• Amended subparagraph (c)(2)(C) by substituting "Copyright Royalty Judges shall prescribe as provided in section 803(b)(6)" for "Register of Copyrights shall prescribe".
• Amended subparagraph (c)(3)(A) by substituting "proceedings" both for "arbitration proceedings" and for "arbitration proceeding".
• Amended subparagraph (c)(3)(B) by substituting "Copyright Royalty Judges" for "copyright arbitration royalty panel appointed under chapter 8" and "Copyright Royalty Judges shall base their determination" for "panel shall base its decision".
• Amended subparagraph (c)(2)(C) by substituting "DETERMINATION UNDER CHAPTER 8" for "DECISION OF ARBITRATION PANEL OR ORDER OF LIBRARIAN" in the heading.
• Substituted new text for clauses (c)(2)(C)(i) and (ii). Previous text read:

"(i) is made by a copyright arbitration royalty panel in an arbitration proceeding under this paragraph and is adopted by the Librarian of Congress under section 802(f), or

"(ii) is established by the Librarian of Congress under section 802(f),"

Satellite Home Viewer Extension and Reauthorization Act of 2004

• Pub. L. 108-447, div. J, title IX [title I, §§ 101(b)–105, 107(a), 108, 111(a)], Dec. 8, 2004, 118 Stat. 3394–3408; amended . . .

• Subsec. (a)(1). Pub. L. 108–447, § 107(a)(1), inserted “or for viewing in a commercial establishment” after “for private home viewing” in two places and substituted “subscriber” for “household”.
• Pub. L. 108–447, § 102(1), struck out “and pbs satellite feed” after “Superstations” in heading, substituted “paragraphs (5), (6), and (8)” for “paragraphs (3), (4), and (6)” and struck out “or by the Public Broadcasting Service satellite feed” after “primary transmission made by a superstation” in first sentence, and struck out at end “In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.”
• Subsec. (a)(2)(A). Pub. L. 108–447, § 102(2)(A), substituted “paragraphs (5), (6), (7), and (8)” for “paragraphs (3), (4), (5), and (6)”.
• Subsec. (a)(2)(B)(i). Pub. L. 108–447, § 102(7), inserted at end “The limitation in this clause shall not apply to secondary transmissions under paragraph (3).”
• Subsec. (a)(2)(C), (D). Pub. L. 108–447, § 102(2)(B), added subpars. (C) and (D) and struck out heading and text of former subpar. (C). Text read as follows: “A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission. Thereafter, on the 15th of each month, the satellite carrier shall submit to the network a list identifying (by name and street address, including county and zip code) any persons who have been added or dropped as such subscribers since the last submission under this subparagraph. Such subscriber information submitted by a satellite carrier may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents.”
• Subsec. (a)(3) to (6). Pub. L. 108–447, §§ 102(5), (6), 103 (1), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively.
• Subsec. (a)(7). Pub. L. 108–447, § 102(5), redesignated par. (5) as (7). Former par. (7) redesignated (9).
• Subsec. (a)(7)(A). Pub. L. 108–447, § 103(6)(A), substituted “who is not eligible to receive the transmission under this section” for “who does not reside in an unserved household” in introductory provisions.
• Subsec. (a)(7)(B). Pub. L. 108–447, § 103(6)(B), substituted “who are not eligible to receive the transmission under this section” for “who do not reside in unserved households” in introductory provisions.
• Subsec. (a)(7)(D). Pub. L. 108–447, § 103(6)(C), substituted “is to a subscriber who is eligible to receive the secondary transmission under this section” for “is for private home viewing to an unserved household”.
• Subsec. (a)(8). Pub. L. 108–447, § 102(3), (5), redesignated par. (6) as (8) and struck out former par. (8) which related to transitional signal intensity measurement procedures.
• Subsec. (a)(9) to (13). Pub. L. 108–447, § 102(4), (5), redesignated pars. (7) and (9) to (12) as (9) and (10) to (13), respectively.
• Subsec. (a)(14). Pub. L. 108–447, § 103(2), added par. (14).
• Subsec. (a)(15). Pub. L. 108–447, § 104, added par. (15).
• Subsec. (a)(16). Pub. L. 108–447, § 111(a), added par. (16).
• Subsec. (b)(1). Pub. L. 108–447, § 103(4), inserted at end: “Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.”
• Subsec. (b)(1)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “to subscribers”.
• Subsec. (b)(1)(B). Pub. L. 108–447, § 103(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “a royalty fee for that 6-month period, computed by—

“(i) multiplying the total number of subscribers receiving each secondary transmission of a superstation during each calendar month by 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;

“(ii) multiplying the number of subscribers receiving each secondary transmission of a network station or the Public Broadcasting Service satellite feed during each calendar month by 6 cents; and

“(iii) adding together the totals computed under clauses (i) and (ii).”

• Subsec. (b)(3). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmission”.
• Subsec. (b)(4)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmissions”.
• Subsec. (d)(1). Pub. L. 108–447, § 107(a)(3), struck out “for private home viewing” after “individual subscribers” and inserted “in accordance with the provisions of this section” before the period at end.
• Subsec. (d)(2)(A). Pub. L. 108–447, § 105(1), substituted “a television station licensed by the Federal Communications Commission” for “a television broadcast station”.
• Subsec. (d)(6). Pub. L. 108–447, § 107(a)(4), inserted “pursuant to this section” before period at end.
• Subsec. (d)(8). Pub. L. 108–447, § 107(a)(5), substituted “or entity that” for “who”, struck out “for private home viewing” after “transmission service”, and inserted “in accordance with the provisions of this section” before period at end.
• Subsec. (d)(9). Pub. L. 108–447, § 105(2), amended heading and text of par. (9) generally. Prior to amendment, text read as follows: “The term ‘superstation’—

“(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and

“(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.”

• Subsec. (d)(10)(B). Pub. L. 108–447, § 105(3)(A), substituted “that meets the standards of subsection (a)(14) whether or not the waiver was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004” for “granted under regulations established under section 339(c)(2) of the Communications Act of 1934”.
• Subsec. (d)(10)(D). Pub. L. 108–447, § 105(3)(B), substituted “(a)(12)” for “(a)(11)”.
• Subsec. (d)(11) to (13). Pub. L. 108–447, § 105(4), added pars. (11) to (13) and struck out former pars. (11) and (12) which read as follows:

“(11) Local market.—The term ‘local market’ has the meaning given such term under section 122 (j).

“(12) Public broadcasting service satellite feed.—The term ‘Public Broadcasting Service satellite feed’ means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.”

• Subsec. (e). Pub. L. 108–447, § 101(b), substituted “December 31, 2009” for “December 31, 2004”.
• Subsec. (f). Pub. L. 108–447, § 108, added subsec. (f).

Copyright Royalty Judges Program Technical Corrections Act

• Pub. L. 109-303, § 4(e), (g), Oct. 6, 2006, 120 Stat. 1482, 1483; amended . . .

• Subsec. (b)(4)(B). Pub. L. 109–303, § 4(e)(1)(A), substituted second sentence for former second sentence which read as follows: “If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents.”
• Subsec. (b)(4)(C). Pub. L. 109–303, § 4(e)(1)(B), amended subpar. (C) generally. Prior to amendment, text of subpar. (C) read as follows: “During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy.”
• Subsec. (c)(1)(F)(i). Pub. L. 109–303, § 4(e)(2), substituted “arbitration” for “arbitrary” in concluding provisions.
• Subsec. (c). Pub. L. 109–303, § 4(g), deemed amendment by Pub. L. 108–419, § 5(h), never to have been enacted. See Amendment note below.

• Pub. L. 108–419, § 5(h), which directed amendment of subsec. (c) by substituting “Copyright Royalty Judges” for “Librarian of Congress” in par. (2)(B), “Copyright Royalty Judges shall prescribe as provided in section 803 (b)(6)” for “Register of Copyrights shall prescribe” in par. (2)(C), “proceedings” for “arbitration proceedings” and for “arbitration proceeding” in par. (3)(A), “Copyright Royalty Judges” for “copyright arbitration royalty panel appointed under chapter 8” and “Copyright Royalty Judges shall base their determination” for “panel shall base its decision” in par. (3)(B), “determination under chapter 8” for “decision of arbitration panel or order of librarian” in heading of par. (3)(C), and “(i) is made by the Copyright Royalty Judges pursuant to this paragraph and becomes final, or” and “(ii) is made by the court on appeal under section 803 (d)(3),” for cls. (i) and (ii), respectively, of par. (3)(C), was deemed never to have been enacted by Pub L. 109–303, § 4(g). See Removal of Inconsistent Provisions note below.

• Removal of Inconsistent Provisions: Pub. L. 109–303, § 4(g), Oct. 6, 2006, 120 Stat. 1483, provided that: “The amendments contained in subsection (h) of section 5 of the Copyright Royalty and Distribution Reform Act of 2004 [Pub. L. 108–419, amending this section] shall be deemed never to have been enacted.”

Prioritizing Resources and Organization for Intellectual Property Act of 2008

• Pub. L. 110-403, § 209(a)(4), Oct. 13, 2008, 122 Stat. 4264; amended . . .

• Subsec. (a) paragraph (6), by striking “sections 509 and 510” and inserting “section 510”;
• Subsec. (a) paragraph (7)(A), by striking “and 509”;
• Subsec. (a) paragraph (8), by striking “and 509”; and
• Subsec. (a) paragraph (13), by striking “and 509”.

Notes

1. ↑  The provisions of paragraph (a)(8) relating to transitional signal intensity measurements, inserted by the Satellite Home Viewer Act of 1994 (Pub. L. 103-369, Oct. 18, 1994, 108 Stat. 3477), ceased to be effective on December 31, 1996.