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
(d) Subject to the transitional provisions of subsection (b)(4), and to
the terms of any voluntary license agreements that have been negotiated
as provided by subsection (b)(2), a public broadcasting entity may,
upon compliance with the provisions of this section, including the
rates and terms established by the Copyright Royalty Tribunal under
subsection (b)(3), engage in the following activities with respect to
published nondramatic musical works and published pictorial, graphic,
and sculptural works:
(1) performance or display of a work by or in the course of a
transmission made by a noncommercial educational broadcast station
referred to in subsection (g); and
(2) production of a transmission program, reproduction of copies or
phonorecords, where such production, reproduction, or distribution is
made by a nonprofit institution or organization solely for the purpose
of transmission specified in clause (1); and
(3) the making of reproductions by a governmental body or a nonprofit
institution of a transmission program simultaneously with its
transmission as specified in clause (1), and the performance or display
of the contents of such program under the conditions specified by
clause (1) of section 110, but only if the reproductions are used for
performances or displays for a period of no more than seven days from
the date of the transmission specified in clause (1), and are destroyed
before or at the end of such period. No person supplying, in
accordance with clause (2), a reproduction of a transmission program to
governmental bodies or nonprofit institutions under this clause shall
have any liability as a result of failure of such body or institution
to destroy such reproduction: Provided, That it shall have notified
such body or institution of the requirement for such destruction
pursuant to this clause: And provided further, That if such body or
institution itself fails to destroy such reproduction it shall be
deemed to have infringed.
(e) Except as expressly provided in this subsection, this section shall
have no applicability to works other than those specified in subsection
(b).
(1) Owners of copyright in nondramatic literary works and public
broadcasting entities may, during the course of voluntary negotiations,
agree among themselves, respectively, as to the terms and rates of
royalty payments without liability under the antitrust laws. Any such
terms and rates of royalty payments shall be effective upon filing in
the Copyright Office, in accordance with regulations that the Register
of Copyrights shall prescribe.
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