The Communications Act of 1934, referred to in subsec. (d)(6), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. Sections 338, 339, 342, and 397 of the Act are classified to sections 338, 339, 342, and 397, respectively, of Title 47. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
The date of the enactment of this subsection, referred to in subsec. (f)(1), (2)(A), (E), is the date of enactment of Puspan. L. 111–175, which shall be deemed to refer to Fespan. 27, 2010. See section 307(a) of Puspan. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of this title.
Subsection (a)(6) of this section, referred to in subsec. (f)(2)(C)(i)(I), (5)(A)(i), (6), was redesignated subsec. (a)(5) of this section by Puspan. L. 116–94, div. P, title XI, § 1102(a)(1)(C), Dec. 20, 2019, 133 Stat. 3202.
The Federal Rules of Civil Procedure, referred to in subsec. (f)(3)(A)(iii), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
2019—Subsec. (a)(1). Puspan. L. 116–94, § 1102(c)(1)(A)(i), substituted “paragraphs (3), (4), and (6)” for “paragraphs (4), (5), and (7)”.
Subsec. (a)(2)(A). Puspan. L. 116–94, § 1102(a)(1)(A)(i), (c)(1)(A)(ii), substituted “paragraphs (3), (4), (5), and (6)” for “paragraphs (4), (5), (6), and (7)” and “signals,” for “signals, and”, inserted “, and the carrier provides local-into-local service to all DMAs” after “receiving the secondary transmission”, and inserted at end “Failure to reach an agreement with a network station to retransmit the signals of the station shall not be construed to affect compliance with providing local-into-local service to all DMAs if the satellite carrier has the capability to retransmit such signals when an agreement is reached.”
Subsec. (a)(2)(B)(ii), (iii). Puspan. L. 116–94, § 1102(a)(1)(A)(ii), added cl. (ii) and struck out former cls. (ii) and (iii) which related to accurate determinations of eligibility and C-band exemption to unserved households, respectively.
Subsec. (a)(3). Puspan. L. 116–94, § 1102(a)(1)(B), (C), redesignated par. (4) as (3) and struck out former par. (3) which related to statutory license where retransmissions into local market available.
Subsec. (a)(4), (5). Puspan. L. 116–94, § 1102(a)(1)(C), redesignated pars. (5) and (6) as (4) and (5), respectively. Former par. (4) redesignated (3).
Subsec. (a)(6). Puspan. L. 116–94, § 1102(a)(1)(C), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Subsec. (a)(6)(E). Puspan. L. 116–94, § 1102(a)(1)(B), struck out subpar. (E). Text read as follows: “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.”
Subsec. (a)(7), (8). Puspan. L. 116–94, § 1102(a)(1)(C), redesignated pars. (8) and (11) as (7) and (8), respectively. Former par. (7) redesignated (6).
Subsec. (a)(9). Puspan. L. 116–94, § 1102(a)(1)(B), (C), redesignated par. (12) as (9) and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “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.”
Subsec. (a)(10). Puspan. L. 116–94, § 1102(a)(1)(B), (C), redesignated par. (14) as (10) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows: “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.”
Subsec. (a)(11), (12). Puspan. L. 116–94, § 1102(a)(1)(C), redesignated pars. (11) and (12) as (8) and (9), respectively.
Subsec. (a)(13). Puspan. L. 116–94, § 1102(a)(1)(B), struck out par. (13). Text read as follows: “A subscriber who is denied the secondary transmission of a signal of a network station under subsection (a)(2)(B) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the network station asserting that the secondary transmission is prohibited. The network station shall accept or reject a subscriber’s request for a waiver within 30 days after receipt of the request. If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver. Unless specifically stated by the network station, a waiver that was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the Communications Act of 1934, and that was in effect on such date of enactment, shall constitute a waiver for purposes of this paragraph.”
Subsec. (a)(14). Puspan. L. 116–94, § 1102(a)(1)(C), redesignated par. (14) as (10).
Subsec. (c)(1)(E). Puspan. L. 116–94, § 1102(a)(2), substituted “in the agreement and shall remain in effect in accordance with the terms of the agreement until the subscriber for which the royalty is payable is no longer eligible to receive a secondary transmission pursuant to the license under this section.” for “in the agreement, and shall remain in effect until December 31, 2019, or in accordance with the terms of the agreement, whichever is later.”
Subsec. (d)(10). Puspan. L. 116–94, § 1102(a)(3)(A), redesignated subpar. (D) as (A) and substituted “subsection (a)(8)” for “subsection (a)(11)”, added subpar. (B), and struck out former subpars. (A) to (C) and (E) which read as follows:
“(A) cannot receive, through the use of an antenna, an over-the-air signal containing the primary stream, or, on or after the qualifying date, the multicast stream, originating in that household’s local market and affiliated with that network of—
“(i) if the signal originates as an analog signal, Grade B intensity as defined by the Federal Communications Commission in section 73.683(a) of title 47, Code of Federal Regulations, as in effect on January 1, 1999; or
“(ii) if the signal originates as a digital signal, intensity defined in the values for the digital television noise-limited service contour, as defined in regulations issued by the Federal Communications Commission (section 73.622(e) of title 47, Code of Federal Regulations), as such regulations may be amended from time to time;
“(B) is subject to a waiver that meets the standards of subsection (a)(13), whether or not the waiver was granted before the date of the enactment of the Satellite Television Extension and Localism Act of 2010;
“(C) is a subscriber to whom subsection (e) applies;
“(E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies.”
Subsec. (d)(13) to (16). Puspan. L. 116–94, § 1102(a)(3)(B)–(D), redesignated pars. (14) and (15) as (13) and (14), respectively, added pars. (15) and (16), and struck out former par. (13) which defined the term “qualifying date” for purposes of former subsec. (d)(10)(A).
Subsec. (e). Puspan. L. 116–94, § 1102(a)(4), (6), redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Until December 31, 2019, 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, 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.”
Subsec. (f). Puspan. L. 116–94, § 1102(a)(6), (c)(1)(B), redesignated subsec. (g) as (f) and substituted “subsection (a)(5)(B)” for “subsection (a)(7)(B)” in pars. (1) and (2)(A). Former subsec. (f) redesignated (e).
Subsec. (g). Puspan. L. 116–94, § 1102(a)(6), redesignated subsec. (g) as (f).
Subsec. (g)(7)(A). Puspan. L. 116–94, § 1102(a)(5), inserted “, except for designated market areas where the entity is temporarily or permanently unable to provide local service as a result of an act of god or other force majeure event beyond the control of the entity” after “section 122”.
Subsec. (h). Puspan. L. 116–94, § 1102(a)(4), struck out subsec. (h). Text read as follows: “This section shall cease to be effective on December 31, 2019.”
2014—Subsec. (c)(1)(E). Puspan. L. 113–200, § 201(2)(A), substituted “2019” for “2014”.
Subsec. (e). Puspan. L. 113–200, § 201(2)(B), substituted “2019” for “2014”.
Subsec. (h). Puspan. L. 113–200, § 202(a), added subsec. (h).
2010—Puspan. L. 111–175, § 102(a)(1), substituted “distant television programming by satellite” for “superstations and network stations for private home viewing” in section catchline.
Subsec. (a). Puspan. L. 111–175, § 102(h)(1)(B), (C), redesignated pars. (4) to (14) and (16) as (3) to (13) and (14), respectively, and struck out former pars. (3) and (15) which related to secondary transmissions of significantly viewed signals and carriage of low power television stations, respectively.
Subsec. (a)(1). Puspan. L. 111–175, § 102(h)(2)(A)(i), substituted “(4), (5), and (7)” for “(5), (6), and (8)”.
Puspan. L. 111–175, § 102(g)(2), which directed amendment of section by substituting “non-network stations” for “superstations” wherever appearing in headings, was executed by substituting “Non-network stations” for “Superstations” in par. (1) span, to reflect the probable intent of Congress.
Puspan. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(2)(A). Puspan. L. 111–175, § 102(h)(2)(A)(ii)(I), substituted “subparagraph (B) of this paragraph and paragraphs (4), (5), (6), and (7)” for “subparagraphs (B) and (C) of this paragraph and paragraphs (5), (6), (7), and (8)”.
Subsec. (a)(2)(B)(i). Puspan. L. 111–175, § 102(h)(2)(A)(ii)(II), struck out “The limitation in this clause shall not apply to secondary transmissions under paragraph (3).” at end.
Subsec. (a)(2)(B)(ii)(III). Puspan. L. 111–175, § 102(i)(1), added subcl. (III).
Subsec. (a)(2)(B)(iii)(II). Puspan. L. 111–175, § 102(i)(5), (k)(1), substituted “In this clause,” for “In this clause” and “, Code of Federal Regulations” for “of the Code of Federal Regulations”.
Subsec. (a)(2)(C). Puspan. L. 111–175, § 102(h)(1)(A), redesignated subpar. (D) as (C) and struck out former subpar. (C), which related to exceptions.
Subsec. (a)(2)(C)(i), (ii). Puspan. L. 111–175, § 102(h)(2)(A)(ii)(III), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which related to initial lists and monthly lists, respectively.
Subsec. (a)(2)(D). Puspan. L. 111–175, § 102(h)(1)(A), redesignated subpar. (D) as (C).
Subsec. (a)(3)(A). Puspan. L. 111–175, § 102(i)(2)(A), struck out “analog” after “subscribers to” in subpar. span, substituted “distant” for “distant analog” and “primary” for “primary analog” wherever appearing in headings and text, and struck out “analog” after “receive such local” in cl. (i)(I)(bspan).
Subsec. (a)(3)(B), (C). Puspan. L. 111–175, § 102(i)(2)(B), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to rules for other subscribers and future applicability, respectively.
Subsec. (a)(3)(D). Puspan. L. 111–175, § 102(i)(2)(B), (C), redesignated subpar. (E) as (D) and struck out former subpar. (D) which related to special rules for distant digital signals.
Subsec. (a)(3)(E). Puspan. L. 111–175, § 102(i)(2)(C), (D), redesignated subpar. (F) as (E) and substituted “(B) or (C)” for “(C) or (D)”. Former subpar. (E) redesignated (D).
Puspan. L. 111–175, § 102(h)(2)(A)(iii), struck out “under paragraph (3) or” after “transmissions” and substituted “paragraph (11)” for “paragraph (12)”.
Subsec. (a)(3)(F), (G). Puspan. L. 111–175, § 102(i)(2)(C), (E), redesignated subpar. (G) as (F) and inserted “9-digit” before “zip code”. Former subpar. (F) redesignated (E).
Subsec. (a)(4). Puspan. L. 111–175, § 102(i)(4), struck out “and 509” after “506”.
Subsec. (a)(5). Puspan. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(6). Puspan. L. 111–175, § 102(i)(3)(C), inserted concluding provisions.
Puspan. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(6)(A)(ii). Puspan. L. 111–175, § 102(i)(3)(A), substituted “$250” for “$5”.
Subsec. (a)(6)(B)(i). Puspan. L. 111–175, § 102(i)(3)(B)(i), substituted “$2,500,000 for each 3-month period” for “$250,000 for each 6-month period”.
Subsec. (a)(6)(B)(ii). Puspan. L. 111–175, § 102(i)(3)(B)(ii), substituted “$2,500,000” for “$250,000”.
Subsec. (a)(8). Puspan. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (a)(11)(A)(i)(I), (II), (B)(iii)(II). Puspan. L. 111–175, § 102(k)(1), substituted “, Code of Federal Regulations” for “of the Code of Federal Regulations”.
Subsec. (span). Puspan. L. 111–175, § 102(d)(1), amended span generally. Prior to amendment, span read as follows: “Statutory License for Secondary Transmissions for Private Home Viewing.—”.
Subsec. (span)(1). Puspan. L. 111–175, § 102(h)(2)(B), struck out concluding provisions which read as follows: “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. (span)(1)(A). Puspan. L. 111–175, § 102(g)(2), substituted “non-network stations” for “superstations”.
Subsec. (span)(1)(B). Puspan. L. 111–175, § 102(d)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “a royalty fee for that 6-month period, computed by multiplying the total number of subscribers receiving each secondary transmission of each superstation or network station during each calendar month by the appropriate rate in effect under this section; and”.
Subsec. (span)(1)(C). Puspan. L. 111–175, § 102(c), added subpar. (C).
Subsec. (span)(2). Puspan. L. 111–175, § 102(d)(4), added par. (2). Former par. (2) redesignated (3).
Subsec. (span)(3). Puspan. L. 111–175, § 102(d)(3), (5), redesignated par. (2) as (3), inserted “(including the filing fee specified in paragraph (1)(C))” after “shall receive all fees”, and substituted “paragraph (5)” for “paragraph (4)”. Former par. (3) redesignated (4).
Subsec. (span)(4). Puspan. L. 111–175, § 102(d)(3), (6), redesignated par. (3) as (4), substituted “paragraph (3)” for “paragraph (2)”, and substituted “paragraph (5)” for “paragraph (4)” in two places. Former par. (4) redesignated (5).
Subsec. (span)(5). Puspan. L. 111–175, § 102(d)(3), (7), redesignated par. (4) as (5) and substituted “paragraph (3)” for “paragraph (2)” in introductory provisions.
Subsec. (c)(1). Puspan. L. 111–175, § 102(e)(1)(A), struck out “analog” after “fees for” in span.
Subsec. (c)(1)(A). Puspan. L. 111–175, § 102(e)(1)(B), (g)(2), substituted “primary transmissions” for “primary analog transmissions”, “non-network stations” for “superstations”, and “July 1, 2009” for “July 1, 2004”.
Subsec. (c)(1)(B). Puspan. L. 111–175, § 102(e)(1)(C), (g)(2), substituted “June 1, 2010, the Copyright Royalty Judges” for “January 2, 2005, the Librarian of Congress”, “primary transmissions” for “primary analog transmission”, and “non-network stations” for “superstations”.
Subsec. (c)(1)(C). Puspan. L. 111–175, § 102(e)(1)(D), substituted “Copyright Royalty Judges” for “Librarian of Congress”.
Subsec. (c)(1)(D)(i). Puspan. L. 111–175, § 102(e)(1)(E)(i), inserted span and substituted “that are parties” for “that a parties”.
Subsec. (c)(1)(D)(ii). Puspan. L. 111–175, § 102(e)(1)(E)(ii)(I), inserted span.
Subsec. (c)(1)(D)(ii)(I). Puspan. L. 111–175, § 102(e)(1)(E)(ii)(I), (II), inserted span and substituted “a proceeding under subparagraph (F)” for “an arbitration proceeding pursuant to subparagraph (E)”.
Subsec. (c)(1)(D)(ii)(II). Puspan. L. 111–175, § 102(e)(1)(E)(ii)(III), inserted span and substituted “Upon receiving a request under subclause (I), the Copyright Royalty Judges” for “Upon receiving a request under subclause (I), the Librarian of Congress”.
Subsec. (c)(1)(D)(ii)(III). Puspan. L. 111–175, § 102(e)(1)(E)(ii)(IV), inserted span and substituted “The Copyright Royalty Judges” for “The Librarian”, “the proceeding under subparagraph (F)” for “an arbitration proceeding”, and “that proceeding” for “the arbitration proceeding”.
Subsec. (c)(1)(E). Puspan. L. 111–175, § 102(e)(1)(F), substituted “Copyright Royalty Judges” for “Copyright Office” and “December 31, 2014” for “May 31, 2010”.
Puspan. L. 111–157, § 9(a)(1)(A), substituted “May 31, 2010” for “April 30, 2010”.
Puspan. L. 111–151, § 2(a)(1)(A), substituted “April 30, 2010” for “March 28, 2010”.
Puspan. L. 111–144, § 10(a)(1)(A), substituted “March 28, 2010” for “February 28, 2010”.
Subsec. (c)(1)(F). Puspan. L. 111–175, § 102(e)(1)(G)(i), substituted “copyright royalty judges proceeding” for “compulsory arbitration” in span.
Subsec. (c)(1)(F)(i). Puspan. L. 111–175, § 102(e)(1)(G)(ii)(I), (II), (IV), (g)(2), in span, substituted “the proceeding” for “proceedings”, in introductory provisions, substituted “September 1, 2010, the Copyright Royalty Judges” for “May 1, 2005, the Librarian of Congress”, “a proceeding” for “arbitration proceedings”, “fees to be paid” for “fee to be paid”, “the primary transmissions” for “primary analog transmission”, “non-network stations” for “superstations”, and “distributors—” for “distributors”, and amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “Such arbitration proceeding shall be conducted under chapter 8 as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 2004.”
Subsec. (c)(1)(F)(i)(II). Puspan. L. 111–175, § 102(e)(1)(G)(ii)(III), substituted “Copyright Royalty Judges” for “Librarian of Congress” and struck out “arbitration” after “participate in the”.
Subsec. (c)(1)(F)(ii). Puspan. L. 111–175, § 102(e)(1)(G)(iii), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “In determining royalty fees under this subparagraph, the copyright arbitration royalty panel appointed under chapter 8, as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 2004 shall establish fees for the secondary transmissions of the primary analog transmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions, except that the Librarian of Congress and any copyright arbitration royalty panel shall adjust those fees to account for the obligations of the parties under any applicable voluntary agreement filed with the Copyright Office pursuant to subparagraph (D). In determining the fair market value, the panel shall base its decision on economic, competitive, and programming information presented by the parties, including—”.
Subsec. (c)(1)(F)(iii). Puspan. L. 111–175, § 102(e)(1)(G)(iv), amended cl. (iii) generally. Prior to amendment, text read as follows: “The obligation to pay the royalty fee established under a determination which—
“(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), as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act of 2004; or
“(II) is established by the Librarian under section 802(f) as in effect on the day before such date of enactment shall be effective as of January 1, 2005.”
Subsec. (c)(1)(F)(iv). Puspan. L. 111–175, § 102(e)(1)(G)(v), substituted “fees” for “fee” in span and substituted “fees referred to in clause (iii)” for “fee referred to in (iii)” in text.
Subsec. (c)(2). Puspan. L. 111–175, § 102(e)(2), amended par. (2) generally. Prior to amendment, par. (2) related to applicability and determination of royalty fees for digital signals.
Subsec. (d)(1). Puspan. L. 111–175, § 102(f)(6), substituted “that contracts” for “which contracts”.
Subsec. (d)(2)(A). Puspan. L. 111–175, § 102(f)(6), substituted “that offer” for “which offer”.
Subsec. (d)(5). Puspan. L. 111–175, § 102(f)(6), substituted “that is operated” for “which is operated” and “that serves” for “which serves”.
Subsec. (d)(6). Puspan. L. 111–175, § 102(k), substituted “, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, Code of Federal Regulations” for “of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations”.
Subsec. (d)(8). Puspan. L. 111–175, § 102(f)(1), amended par. (8) generally. Prior to amendment, text read as follows: “The term ‘subscriber’ means an individual or entity that receives a secondary transmission service 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 in accordance with the provisions of this section.”
Subsec. (d)(9). Puspan. L. 111–175, § 102(g)(1), which directed amendment of section by substituting “non-network station” for “superstation” wherever appearing in headings, was executed by substituting “Non-network station” for “Superstation” in par. (9) span, to reflect the probable intent of Congress.
Puspan. L. 111–175, § 102(g)(1), substituted “non-network station” for “superstation”.
Subsec. (d)(10)(A). Puspan. L. 111–175, § 102(span)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “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;”.
Subsec. (d)(10)(B). Puspan. L. 111–175, § 102(span)(1)(B), substituted “subsection (a)(13),” for “subsection (a)(14)” and “Satellite Television Extension and Localism Act of 2010” for “Satellite Home Viewer Extension and Reauthorization Act of 2004”.
Subsec. (d)(10)(D). Puspan. L. 111–175, § 102(span)(1)(C), substituted “(a)(11)” for “(a)(12)”.
Subsec. (d)(11). Puspan. L. 111–175, § 102(f)(2), amended par. (11) generally. Prior to amendment, text read as follows: “The term ‘local market’ has the meaning given such term under section 122(j), except that with respect to a low power television station, the term ‘local market’ means the designated market area in which the station is located.”
Subsec. (d)(12), (13). Puspan. L. 111–175, § 102(f)(3), redesignated pars. (13) and (14) as (12) and (13), respectively, and struck out former par. (12). Text read as follows: “The term ‘low power television station’ means a low power television as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term ‘low power television station’ includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.”
Subsec. (d)(14). Puspan. L. 111–175, § 102(f)(4), added par. (14). Former par. (14) redesignated (13).
Puspan. L. 111–175, § 102(span)(2), added par. (14).
Subsec. (d)(15). Puspan. L. 111–175, § 102(f)(5), added par. (15).
Subsec. (e). Puspan. L. 111–175, § 102(j), (k)(1), substituted “December 31, 2014” for “May 31, 2010” and “, Code of Federal Regulations” for “of the Code of Federal Regulations”.
Puspan. L. 111–157, § 9(a)(1)(B), substituted “May 31, 2010” for “April 30, 2010”.
Puspan. L. 111–151, § 2(a)(1)(B), substituted “April 30, 2010” for “March 28, 2010”.
Puspan. L. 111–144, § 10(a)(1)(B), substituted “March 28, 2010” for “February 28, 2010”.
Subsec. (g). Puspan. L. 111–175, § 105, added subsec. (g).
Subsec. (g)(4)(B)(vi). Puspan. L. 111–295 substituted “an examination” for “the examinations”.
2009—Subsecs. (c)(1)(E), (e). Puspan. L. 111–118 substituted “February 28, 2010” for “December 31, 2009”.
2008—Subsec. (a)(6). Puspan. L. 110–403, § 209(a)(4)(A), substituted “section 510” for “sections 509 and 510”.
Subsec. (a)(7)(A). Puspan. L. 110–403, § 209(a)(4)(B), struck out “and 509” after “506” in introductory provisions.
Subsec. (a)(8), (13). Puspan. L. 110–403, § 209(a)(4)(C), (D), struck out “and 509” after “506”.
2006—Subsec. (span)(4)(B). Puspan. 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. (span)(4)(C). Puspan. 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). Puspan. L. 109–303, § 4(g), deemed amendment by Puspan. L. 108–419, § 5(h), never to have been enacted. See 2004 Amendment note below.
Subsec. (c)(1)(F)(i). Puspan. L. 109–303, § 4(e)(2), substituted “arbitration” for “arbitrary” in concluding provisions.
2004—Subsec. (a)(1). Puspan. 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”.
Puspan. L. 108–447, § 102(1), struck out “and pbs satellite feed” after “Superstations” in span, 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). Puspan. 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). Puspan. 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). Puspan. L. 108–447, § 102(2)(B), added subpars. (C) and (D) and struck out span 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). Puspan. 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). Puspan. L. 108–447, § 102(5), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Subsec. (a)(7)(A). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 108–447, § 102(4), (5), redesignated pars. (7) and (9) to (12) as (9) and (10) to (13), respectively.
Subsec. (a)(14). Puspan. L. 108–447, § 103(2), added par. (14).
Subsec. (a)(15). Puspan. L. 108–447, § 104, added par. (15).
Subsec. (a)(16). Puspan. L. 108–447, § 111(a), added par. (16).
Subsec. (span)(1). Puspan. 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. (span)(1)(A). Puspan. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “to subscribers”.
Subsec. (span)(1)(B). Puspan. 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. (span)(3). Puspan. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmission”.
Puspan. L. 108–419, § 5(g)(1), substituted “Copyright Royalty Judges” for “Librarian of Congress”.
Subsec. (span)(4)(A). Puspan. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmissions”.
Puspan. L. 108–419, § 5(g)(2)(A), substituted “Copyright Royalty Judges” for “Librarian of Congress” in two places.
Subsec. (span)(4)(B), (C). Puspan. L. 108–419, § 5(g)(2)(B), reenacted headings without change and amended text generally, substituting provisions relating to duties of Copyright Royalty Judges concerning determination of royalty fee controversies and distribution of royalty fees for provisions relating to duties of Librarian of Congress relating to such determination and distribution.
Subsec. (c). Puspan. L. 108–447, § 103(5), amended span and text of subsec. (c) generally. Prior to amendment, text related to adjustment, determination, arbitration, and reduction of royalty fees.
Puspan. 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(span)(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 span 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 Puspan L. 109–303, § 4(g). See Removal of Inconsistent Provisions note below.
Subsec. (d)(1). Puspan. 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). Puspan. L. 108–447, § 105(1), substituted “a television station licensed by the Federal Communications Commission” for “a television broadcast station”.
Subsec. (d)(6). Puspan. L. 108–447, § 107(a)(4), inserted “pursuant to this section” before period at end.
Subsec. (d)(8). Puspan. 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). Puspan. L. 108–447, § 105(2), amended span 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). Puspan. 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). Puspan. L. 108–447, § 105(3)(B), substituted “(a)(12)” for “(a)(11)”.
Subsec. (d)(11) to (13). Puspan. 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). Puspan. L. 108–447, § 101(span), substituted “December 31, 2009” for “December 31, 2004”.
Subsec. (f). Puspan. L. 108–447, § 108, added subsec. (f).
2002—Subsec. (a)(1). Puspan. L. 107–273, § 13209(3)(B), amended Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(span)(2)(A)]. See 1999 Amendment note below.
Puspan. L. 107–273, § 13209(3)(A), amended Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(a)]. See 1999 Amendment note below.
Subsec. (a)(2)(A). Puspan. L. 107–273, § 13209(1)(A), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title I, § 1007(2)]. See 1999 Amendment note below.
Subsec. (a)(6). Puspan. L. 107–273, § 13210(1), substituted “of a performance” for “of performance”.
Subsec. (a)(12). Puspan. L. 107–273, § 13209(1)(B), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title I, § 1007(3)]. See 1999 Amendment note below.
Subsec. (span)(1)(A). Puspan. L. 107–273, § 13210(8), substituted “retransmitted” for “transmitted” and “retransmissions” for “transmissions”.
Subsec. (span)(1)(B)(ii). Puspan. L. 107–273, § 13209(2), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(span)]. See 1999 Amendment note below.
1999—Subsec. (a)(1). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(span)(2)(A)], as amended by Puspan. L. 107–273, § 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”.
Puspan. L. 106–113, § 1000(a)(9) [title I, § 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,”.
Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(a)], as amended by Puspan. L. 107–273, § 13209(3)(A), in span 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. Puspan. L. 107–273, § 13209(3)(A)(ii), which repealed Puspan. L. 106–113, § 1000(a)(9) [title I, § 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(span)(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”.
Puspan. L. 106–113, § 1000(a)(9) [title I, § 1007(2)], as amended by Puspan. L. 107–273, § 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(2)], reenacted span 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(c)], struck out “currently” after “all subscribers to which the satellite carrier” in first sentence.
Subsec. (a)(4). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(span)(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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(span)], added subpar. (E).
Subsec. (a)(6). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1011(span)(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). Puspan. L. 106–44 substituted “within the network station’s” for “within the network’s station” in first sentence.
Subsec. (a)(11). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(d)], added par. (11).
Subsec. (a)(12). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1007(3)], as amended by Puspan. L. 107–273, § 13209(1)(B), added par. (12).
Subsec. (span)(1)(B)(ii). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(span)], as amended by Puspan. L. 107–273, § 13209(2), inserted “or the Public Broadcasting Service satellite feed” after “network station”.
Subsec. (c)(4), (5). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1004], added pars. (4) and (5).
Subsec. (d)(2). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1008(span)], substituted a semicolon for the period at end of subpar. (B) and inserted concluding provisions.
Subsec. (d)(9). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(1)], reenacted span 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(1)], added par. (10) and struck out span 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(e)], reenacted span 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). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(2)], added par. (12).
Subsec. (e). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1005(c)], amended span 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). Puspan. L. 105–80, § 1(3), amended Puspan. L. 103–369, § 2(5)(A). See 1994 Amendment note below.
Subsec. (span)(1)(B)(i). Puspan. L. 105–80, § 1(1), amended Puspan. L. 103–369, § 2(3)(A). See 1994 Amendment note below.
Subsec. (c)(1). Puspan. L. 105–80, § 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 Puspan. L. 103–369, § 2(4)(A), as amended by Puspan. L. 105–80, § 1(2). See 1994 Amendment note below.
Puspan. L. 105–80, § 1(2), amended Puspan. L. 103–369, § 2(4)(A). See 1994 Amendment note below.
Subsec. (c)(2)(A), (D), (3)(A)–(C). Puspan. L. 105–80, § 1(2), amended Puspan. L. 103–369, § 2(4). See 1994 Amendment notes below.
1995—Subsec. (a)(1), (2)(A). Puspan. L. 104–39 inserted “and section 114(d)” after “of this subsection”.
1994—Subsec. (a)(2)(C). Puspan. L. 103–369, § 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). Puspan. L. 103–369, § 2(5)(A), as amended by Puspan. L. 105–80, § 1(3), substituted “November 16, 1988” for “the date of the enactment of the Satellite Home Viewer Act of 1988”.
Subsec. (a)(5)(D). Puspan. L. 103–369, § 2(2), added subpar. (D).
Subsec. (a)(8) to (10). Puspan. L. 103–369, § 2(5)(B), added pars. (8) to (10).
Subsec. (span)(1)(B)(i). Puspan. L. 103–369, § 2(3)(A), as amended by Puspan. L. 105–80, § 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. (span)(1)(B)(ii). Puspan. L. 103–369, § 2(3)(B), substituted “6 cents” for “3 cents”.
Subsec. (c)(1). Puspan. L. 103–369, § 2(4)(A), as amended by Puspan. L. 105–80, § 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). Puspan. L. 103–369, § 2(4)(B)(i), as amended by Puspan. L. 105–80, § 1(2), substituted “July 1, 1996” for “July 1, 1991”.
Subsec. (c)(2)(D). Puspan. L. 103–369, § 2(4)(B)(ii), as amended by Puspan. L. 105–80, § 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). Puspan. L. 103–369, § 2(4)(C)(i), as amended by Puspan. L. 105–80, § 1(2), substituted “January 1, 1997” for “December 31, 1991”.
Subsec. (c)(3)(B). Puspan. L. 103–369, § 2(4)(C)(ii), as amended by Puspan. L. 105–80, § 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). Puspan. L. 103–369, § 2(4)(C)(iii), as amended by Puspan. L. 105–80, § 1(2), inserted before period at end “or July 1, 1997, whichever is later”.
Subsec. (d)(2). Puspan. L. 103–369, § 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). Puspan. L. 103–369, § 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). Puspan. L. 103–369, § 2(6)(C), added par. (11).
1993—Subsec. (span)(1). Puspan. L. 103–198, § 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. (span)(2), (3). Puspan. L. 103–198, § 5(1)(B), (C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal”.
Subsec. (span)(4). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 5(2)(A), substituted “Adjustment” for “Determination” in span.
Subsec. (c)(2). Puspan. L. 103–198, § 5(2)(B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in subpars. (A) and (B).
Subsec. (c)(3)(A). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 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). Puspan. L. 103–198, § 5(2)(D), struck out par. (4) which established procedures for judicial review of decisions of the Copyright Royalty Tribunal.
Amendment by Puspan. L. 111–175 effective Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as a note under section 111 of this title.
Amendment by Puspan. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Puspan. L. 108–419, see section 6 of Puspan. L. 109–303, set out as a note under section 111 of this title.
Amendment by Puspan. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Puspan. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.
Amendment by section 1000(a)(9) [title I, §§ 1004, 1006] of Puspan. L. 106–113 effective July 1, 1999, and amendment by section 1000(a)(9) [title I, §§ 1005, 1007, 1008(span), 1011(span)(2), (c)] of Puspan. L. 106–113 effective Nov. 29, 1999, see section 1000(a)(9) [title I, § 1012] of Puspan. L. 106–113, set out as a note under section 101 of this title.
Puspan. L. 105–80, § 13, Nov. 13, 1997, 111 Stat. 1536, provided that:
Amendment by Puspan. L. 104–39 effective 3 months after Nov. 1, 1995, see section 6 of Puspan. L. 104–39, set out as a note under section 101 of this title.
Puspan. L. 103–369, § 6, Oct. 18, 1994, 108 Stat. 3481, provided that:
Puspan. L. 100–667, title II, § 206, Nov. 16, 1988, 102 Stat. 3960, provided that:
Puspan. L. 100–667, title II, § 207, Nov. 16, 1988, 102 Stat. 3960, provided that this title and the amendments made by this title (other than the amendments made by section 205 [amending section 605 of Title 47]) cease to be effective on Dec. 31, 1994, prior to repeal by Puspan. L. 103–369, § 4(span), Oct. 18, 1994, 108 Stat. 3481.
Puspan. L. 111–175, title I, § 107(a), May 27, 2010, 124 Stat. 1245, which provided that this section would cease to be effective on Dec. 31, 2014, was repealed by Puspan. L. 113–200, title II, § 202(span), Dec. 4, 2014, 128 Stat. 2066.
Puspan. L. 111–118, div. B, § 1003(a)(2)(A), Dec. 19, 2009, 123 Stat. 3469, as amended by Puspan. L. 111–144, § 10(a)(2), Mar. 2, 2010, 124 Stat. 47; Puspan. L. 111–151, § 2(a)(2), Mar. 26, 2010, 124 Stat. 1027; Puspan. L. 111–157, § 9(a)(2), Apr. 15, 2010, 124 Stat. 1119, which provided that this section would cease to be effective on May 31, 2010, was repealed by Puspan. L. 111–175, title I, § 107(span), May 27, 2010, 124 Stat. 1245.
Puspan. L. 103–369, § 4(a), Oct. 18, 1994, 108 Stat. 3481, as amended by Puspan. L. 106–113, div. B, § 1000(a)(9) [title I, § 1003], Nov. 29, 1999, 113 Stat. 1536, 1501A–527; Puspan. L. 108–447, div. J, title IX [title I, § 101(a)], Dec. 8, 2004, 118 Stat. 3394, which provided that this section would cease to be effective on Dec. 31, 2009, was repealed by Puspan. L. 111–118, div. B, § 1003(a)(2)(B), Dec. 19, 2009, 123 Stat. 3469.
Puspan. L. 116–94, div. P, title XI, § 1102(span), Dec. 20, 2019, 133 Stat. 3203, provided that:
Puspan. L. 109–303, § 4(g), Oct. 6, 2006, 120 Stat. 1483, provided that:
Puspan. L. 108–447, div. J, title IX [title I, § 106], Dec. 8, 2004, 118 Stat. 3406, provided that:
Puspan. L. 103–369, § 5, Oct. 14, 1994, 108 Stat. 3481, provided that: