Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(A) During the month of July in each year, every person claiming to be
entitled to compulsory license fees for secondary transmissions shall
file a claim with the Copyright Royalty Tribunal, in accordance with
requirements that the Tribunal shall prescribe by regulation.
Notwithstanding any provisions of the antitrust laws, for purposes of
this clause any claimants may agree among themselves as to the
proportionate division of compulsory licensing fees among them, may
lump their claims together and file them jointly or as a single claim,
or may designate a common agent to receive payment on their behalf.
(B) After the first day of August of each year, the Copyright Royalty
Tribunal shall determine whether there exists a controversy concerning
the distribution of royalty fees. If the Tribunal determines that no
such controversy exists, it shall, after deducting its reasonable
administrative costs under this section, distribute such fees to the
copyright owners entitled, or to their designated agents. If the
Tribunal finds the existence of a controversy, it shall, pursuant to
chapter 8 of this title, conduct a proceeding to determine the
distribution of royalty fees.
(C) During the pendency of any proceeding under this subsection, the
Copyright Royalty Tribunal shall withhold from distribution an amount
sufficient to satisfy all claims with respect to which a controversy
exists, but shall have discretion to proceed to distribute any amounts
that are not in controversy.
(e) Nonsimultaneous Secondary Transmissions by Cable Systems.--
(1) Notwithstanding those provisions of the second paragraph of
subsection
(f) relating to nonsimultaneous secondary transmissions by a cable
system, any such transmissions are actionable as an act of infringement
under section 501, and are fully subject to the remedies provided by
sections 502 through 506 and sections 509 and 510, unless--
(A) the program on the videotape is transmitted no more than one time
to the cable system's subscribers; and
(B) the copyrighted program, episode, or motion picture videotape,
including the commercials contained within such program, episode, or
picture, is transmitted without deletion or editing; and
(C) an owner or officer of the cable system
(i) prevents the duplication of the videotape while in the possession
of the system, (ii) prevents unauthorized duplication while in the
possession of the facility making the videotape for the system if the
system owns or controls the facility, or takes reasonable precautions
to prevent such duplication if it does not own or control the facility,
(iii) takes adequate precautions to prevent duplication while the tape
is being transported, and
(iv) subject to clause (2), erases or destroys, or causes the erasure
or destruction of, the videotape; and
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