17 U.S.C. § 104A (2024) — Title 17: COPYRIGHTS / Chapter 1: SUBJECT MATTER AND SCOPE OF COPYRIGHT / Section 104A: Copyright in restored works
Copyright in restored works
Status: in_force

(a) Automatic Protection and Term.—

(1) Term.—

(A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration.

(B) Any work in which copyright is restored under this section shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States.

(2) Exception.—Any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof, is not a restored work.

(b) Ownership of Restored Copyright.—A restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work.

(c) Filing of Notice of Intent to Enforce Restored Copyright Against Reliance Parties.—On or after the date of restoration, any person who owns a copyright in a restored work or an exclusive right therein may file with the Copyright Office a notice of intent to enforce that person's copyright or exclusive right or may serve such a notice directly on a reliance party. Acceptance of a notice by the Copyright Office is effective as to any reliance parties but shall not create a presumption of the validity of any of the facts stated therein. Service on a reliance party is effective as to that reliance party and any other reliance parties with actual knowledge of such service and of the contents of that notice.

(d) Remedies for Infringement of Restored Copyrights.—

(1) Enforcement of copyright in restored works in the absence of a reliance party.—As against any party who is not a reliance party, the remedies provided in chapter 5 of this title shall be available on or after the date of restoration of a restored copyright with respect to an act of infringement of the restored copyright that is commenced on or after the date of restoration.

(2) Enforcement of copyright in restored works as against reliance parties.—As against a reliance party, except to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met:

(A)(i) The owner of the restored copyright (or such owner's agent) or the owner of an exclusive right therein (or such owner's agent) files with the Copyright Office, during the 24-month period beginning on the date of restoration, a notice of intent to enforce the restored copyright; and

(ii)(I) the act of infringement commenced after the end of the 12-month period beginning on the date of publication of the notice in the Federal Register;

(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for infringement occurring after the end of that 12-month period; or

(III) copies or phonorecords of a work in which copyright has been restored under this section are made after publication of the notice of intent in the Federal Register.

(B)(i) The owner of the restored copyright (or such owner's agent) or the owner of an exclusive right therein (or such owner's agent) serves upon a reliance party a notice of intent to enforce a restored copyright; and

(ii)(I) the act of infringement commenced after the end of the 12-month period beginning on the date the notice of intent is received;

(II) the act of infringement commenced before the end of the 12-month period described in subclause (I) and continued after the end of that 12-month period, in which case remedies shall be available only for the infringement occurring after the end of that 12-month period; or

(III) copies or phonorecords of a work in which copyright has been restored under this section are made after receipt of the notice of intent.

In the event that notice is provided under both subparagraphs (A) and (B), the 12-month period referred to in such subparagraphs shall run from the earlier of publication or service of notice.

(3) Existing derivative works.—(A) In the case of a derivative work that is based upon a restored work and is created—

(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the restored work is an eligible country on such date, or

(ii) before the date on which the source country of the restored work becomes an eligible country, if that country is not an eligible country on such date of enactment,

a reliance party may continue to exploit that derivative work for the duration of the restored copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the provisions of this paragraph.

(B) In the absence of an agreement between the parties, the amount of such compensation shall be determined by an action in United States district court, and shall reflect any harm to the actual or potential market for or value of the restored work from the reliance party's continued exploitation of the work, as well as compensation for the relative contributions of expression of the author of the restored work and the reliance party to the derivative work.

(4) Commencement of infringement for reliance parties.—For purposes of section 412, in the case of reliance parties, infringement shall be deemed to have commenced before registration when acts which would have constituted infringement had the restored work been subject to copyright were commenced before the date of restoration.

(e) Notices of Intent To Enforce a Restored Copyright.—

(1) Notices of intent filed with the copyright office.—(A)(i) A notice of intent filed with the Copyright Office to enforce a restored copyright shall be signed by the owner of the restored copyright or the owner of an exclusive right therein, who files the notice under subsection (d)(2)(A)(i) (hereafter in this paragraph referred to as the "owner"), or by the owner's agent, shall identify the title of the restored work, and shall include an English translation of the title and any other alternative titles known to the owner by which the restored work may be identified, and an address and telephone number at which the owner may be contacted. If the notice is signed by an agent, the agency relationship must have been constituted in a writing signed by the owner before the filing of the notice. The Copyright Office may specifically require in regulations other information to be included in the notice, but failure to provide such other information shall not invalidate the notice or be a basis for refusal to list the restored work in the Federal Register.

(ii) If a work in which copyright is restored has no formal title, it shall be described in the notice of intent in detail sufficient to identify it.

(iii) Minor errors or omissions may be corrected by further notice at any time after the notice of intent is filed. Notices of corrections for such minor errors or omissions shall be accepted after the period established in subsection (d)(2)(A)(i). Notices shall be published in the Federal Register pursuant to subparagraph (B).

(B)(i) The Register of Copyrights shall publish in the Federal Register, commencing not later than 4 months after the date of restoration for a particular nation and every 4 months thereafter for a period of 2 years, lists identifying restored works and the ownership thereof if a notice of intent to enforce a restored copyright has been filed.

(ii) Not less than 1 list containing all notices of intent to enforce shall be maintained in the Public Information Office of the Copyright Office and shall be available for public inspection and copying during regular business hours pursuant to sections 705 and 708.

(C) The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing, recording, and publication of notices of intent to enforce a restored copyright and corrections thereto.

(D)(i) Not later than 90 days before the date the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, the Copyright Office shall issue and publish in the Federal Register regulations governing the filing under this subsection of notices of intent to enforce a restored copyright.

(ii) Such regulations shall permit owners of restored copyrights to file simultaneously for registration of the restored copyright.

(2) Notices of intent served on a reliance party.—(A) Notices of intent to enforce a restored copyright may be served on a reliance party at any time after the date of restoration of the restored copyright.

(B) Notices of intent to enforce a restored copyright served on a reliance party shall be signed by the owner or the owner's agent, shall identify the restored work and the work in which the restored work is used, if any, in detail sufficient to identify them, and shall include an English translation of the title, any other alternative titles known to the owner by which the work may be identified, the use or uses to which the owner objects, and an address and telephone number at which the reliance party may contact the owner. If the notice is signed by an agent, the agency relationship must have been constituted in writing and signed by the owner before service of the notice.

(3) Effect of material false statements.—Any material false statement knowingly made with respect to any restored copyright identified in any notice of intent shall make void all claims and assertions made with respect to such restored copyright.

(f) Immunity From Warranty and Related Liability.—

(1) In general.—Any person who warrants, promises, or guarantees that a work does not violate an exclusive right granted in section 106 shall not be liable for legal, equitable, arbitral, or administrative relief if the warranty, promise, or guarantee is breached by virtue of the restoration of copyright under this section, if such warranty, promise, or guarantee is made before January 1, 1995.

(2) Performances.—No person shall be required to perform any act if such performance is made infringing by virtue of the restoration of copyright under the provisions of this section, if the obligation to perform was undertaken before January 1, 1995.

(g) Proclamation of Copyright Restoration.—Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States, restored copyright protection on substantially the same basis as provided under this section, the President may by proclamation extend restored protection provided under this section to any work—

(1) of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation; or

(2) which was first published in that nation.

The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under such a proclamation.

(h) Definitions.—For purposes of this section and section 109(a):

(1) The term "date of adherence or proclamation" means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes—

(A) a nation adhering to the Berne Convention;

(B) a WTO member country;

(C) a nation adhering to the WIPO Copyright Treaty;

(D) a nation adhering to the WIPO Performances and Phonograms Treaty; or

(E) subject to a Presidential proclamation under subsection (g).

(2) The "date of restoration" of a restored copyright is—

(A) January 1, 1996, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date, or

(B) the date of adherence or proclamation, in the case of any other source country of the restored work.

(3) The term "eligible country" means a nation, other than the United States, that—

(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act;

(B) on such date of enactment is, or after such date of enactment becomes, a nation adhering to the Berne Convention;

(C) adheres to the WIPO Copyright Treaty;

(D) adheres to the WIPO Performances and Phonograms Treaty; or

(E) after such date of enactment becomes subject to a proclamation under subsection (g).

(4) The term "reliance party" means any person who—

(A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts;

(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or

(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a successor, assignee, or licensee of that person.

(5) The term "restored copyright" means copyright in a restored work under this section.

(6) The term "restored work" means an original work of authorship that—

(A) is protected under subsection (a);

(B) is not in the public domain in its source country through expiration of term of protection;

(C) is in the public domain in the United States due to—

(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;

(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or

(iii) lack of national eligibility;

(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country; and

(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording.

(7) The term "rightholder" means the person—

(A) who, with respect to a sound recording, first fixes a sound recording with authorization, or

(B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law.

(8) The "source country" of a restored work is—

(A) a nation other than the United States;

(B) in the case of an unpublished work—

(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, of which the majority of foreign authors or rightholders are nationals or domiciliaries; or

(ii) if the majority of authors or rightholders are not foreign, the nation other than the United States which has the most significant contacts with the work; and

(C) in the case of a published work—

(i) the eligible country in which the work is first published, or

(ii) if the restored work is published on the same day in 2 or more eligible countries, the eligible country which has the most significant contacts with the work.

(Added Pub. L. 103–182, title III, §334(a), Dec. 8, 1993, 107 Stat. 2115; amended Pub. L. 103–465, title V, §514(a), Dec. 8, 1994, 108 Stat. 4976; Pub. L. 104–295, §20(e)(2), Oct. 11, 1996, 110 Stat. 3529; Pub. L. 105–80, §2, Nov. 13, 1997, 111 Stat. 1530; Pub. L. 105–304, title I, §102(c), Oct. 28, 1998, 112 Stat. 2862.)

Editorial Notes

References in Text

The date of the enactment of the Uruguay Round Agreements Act, referred to in subsecs. (d)(3)(A) and (h)(3), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994.

Section 101(d)(15) of the Uruguay Round Agreements Act, referred to in subsec. (e)(1)(D)(i), is classified to section 3511(d)(15) of Title 19, Customs Duties.

Amendments

1998—Subsec. (h)(1)(A) to (E). Pub. L. 105–304, §102(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) and (B) which read as follows:

"(A) a nation adhering to the Berne Convention or a WTO member country; or

"(B) subject to a Presidential proclamation under subsection (g)."

Subsec. (h)(3). Pub. L. 105–304, §102(c)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The term 'eligible country' means a nation, other than the United States, that—

"(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act;

"(B) on such date of enactment is, or after such date of enactment becomes, a member of the Berne Convention; or

"(C) after such date of enactment becomes subject to a proclamation under subsection (g).

For purposes of this section, a nation that is a member of the Berne Convention on the date of the enactment of the Uruguay Round Agreements Act shall be construed to become an eligible country on such date of enactment."

Subsec. (h)(6)(E). Pub. L. 105–304, §102(c)(3), added subpar. (E).

Subsec. (h)(8)(B)(i). Pub. L. 105–304, §102(c)(4), inserted "of which" before "the majority" and struck out "of eligible countries" after "domiciliaries".

Subsec. (h)(9). Pub. L. 105–304, §102(c)(5), struck out par. (9) which read as follows: "The terms 'WTO Agreement' and 'WTO member country' have the meanings given those terms in paragraphs (9) and (10), respectively, of section 2 of the Uruguay Round Agreements Act."

1997—Subsec. (d)(3)(A). Pub. L. 105–80, §2(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "In the case of a derivative work that is based upon a restored work and is created—

"(i) before the date of the enactment of the Uruguay Round Agreements Act, if the source country of the derivative work is an eligible country on such date, or

"(ii) before the date of adherence or proclamation, if the source country of the derivative work is not an eligible country on such date of enactment,

a reliance party may continue to exploit that work for the duration of the restored copyright if the reliance party pays to the owner of the restored copyright reasonable compensation for conduct which would be subject to a remedy for infringement but for the provisions of this paragraph."

Subsec. (e)(1)(B)(ii). Pub. L. 105–80, §2(2), struck out at end "Such list shall also be published in the Federal Register on an annual basis for the first 2 years after the applicable date of restoration."

Subsec. (h)(2), (3). Pub. L. 105–80, §2(3), (4), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:

"(2) The 'date of restoration' of a restored copyright is the later of—

"(A) the date on which the Agreement on Trade-Related Aspects of Intellectual Property referred to in section 101(d)(15) of the Uruguay Round Agreements Act enters into force with respect to the United States, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date; or

"(B) the date of adherence or proclamation, in the case of any other source country of the restored work.

"(3) The term 'eligible country' means a nation, other than the United States, that is a WTO member country, adheres to the Berne Convention, or is subject to a proclamation under subsection (g)."

1996—Subsec. (h)(3). Pub. L. 104–295 substituted "subsection (g)" for "section 104A(g)".

1994—Pub. L. 103–465 substituted "Copyright in restored works" for "Copyright in certain motion pictures" as section catchline and amended text generally, substituting present provisions for provisions restoring copyright in certain motion pictures and providing for effective date of protection as well as use of previously owned copies.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Subsec. (h)(1)(A), (B), (E), (3)(A), (B), (E) of this section and amendment by section 102(c)(4), (5) of Pub. L. 105–304 effective Oct. 28, 1998, except as otherwise provided, subsec. (h)(1)(C), (3)(C) of this section effective Mar. 6, 2002, and subsec. (h)(1)(D), (3)(D) of this section and amendment by section 102(c)(3) of Pub. L. 105–304 effective May 20, 2002, see section 105(a), (b)(1)(C), (D), (2)(D)–(F) of Pub. L. 105–304, set out as a note under section 101 of this title.

Effective Date

Section effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 335(a) of Pub. L. 103–182, formerly set out in an Effective Date of 1993 Amendment note under section 1052 of Title 15, Commerce and Trade.

Executive Documents

Uruguay Round Agreements: Entry Into Force

The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of Title 19, Customs Duties, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of Title 19.
17 U.S.C. § 119 (2024) — Title 17: COPYRIGHTS / Chapter 1: SUBJECT MATTER AND SCOPE OF COPYRIGHT / Section 119: Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite
Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite
Status: in_force

(a) Secondary Transmissions by Satellite Carriers.—

(1) Non-network stations.—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 non-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 or for viewing in a commercial establishment, 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 subscriber 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 or for viewing in a commercial establishment.

(2) Network stations.—

(A) In general.—Subject to the provisions of subparagraph (B) 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, the carrier makes a direct or indirect charge for such retransmission service to each subscriber receiving the secondary transmission, and the carrier provides local-into-local service to all DMAs. 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.

(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) Short markets.—In the case of secondary transmissions to households located in short markets, subject to clause (i), the statutory license shall be further limited to secondary transmissions of only those primary transmissions of network stations that embody the programming of networks not offered on the primary stream or the multicast stream transmitted by any network station in that market.

(C) Submission of subscriber lists to networks.—

(i) Initial lists.—A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, not later than 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 address, including street or rural route number, city, State, and 9-digit zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission to subscribers in unserved households.

(ii) Monthly lists.—After the submission of the initial lists under clause (i), the satellite carrier shall, not later than the 15th of each month, submit to the network a list, aggregated by designated market area, identifying (by name and address, including street or rural route number, city, State, and 9-digit zip code) any persons who have been added or dropped as subscribers under clause (i) since the last submission under this subparagraph.

(iii) Use of subscriber information.—Subscriber information submitted by a satellite carrier under this subparagraph may be used only for purposes of monitoring compliance by the satellite carrier with this subsection.

(iv) Applicability.—The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to which 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 non-network station 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, 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 non-network station 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 section 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 is not eligible to receive the transmission under this section is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506, 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 $250 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 are not eligible to receive the transmission under this section, 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 $2,500,000 for each 3-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 $2,500,000 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 to a subscriber who is eligible to receive the secondary transmission under this section.

The court shall direct one half of any statutory damages ordered under clause (i) 1 to be deposited with the Register of Copyrights for distribution to copyright owners pursuant to subsection (b). The Copyright Royalty Judges shall issue regulations establishing procedures for distributing such funds, on a proportional basis, to copyright owners whose works were included in the secondary transmissions that were the subject of the statutory damages.

(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 non-network station 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, 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) 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, 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, 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, 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.

(9) 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, 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.

(10) Restricted transmission of out-of-state distant network signals into certain markets.—

(A) Out-of-state network affiliates.—Notwithstanding any other provision of this title, the statutory license in this subsection and subsection (b) shall not apply to any secondary transmission of the primary transmission of a network station located outside of the State of Alaska to any subscriber in that State to whom the secondary transmission of the primary transmission of a television station located in that State is made available by the satellite carrier pursuant to section 122.

(B) Exception.—The limitation in subparagraph (A) shall not apply to the secondary transmission of the primary transmission of a digital signal of a network station located outside of the State of Alaska if at the time that the secondary transmission is made, no television station licensed to a community in the State and affiliated with the same network makes primary transmissions of a digital signal.

(b) Deposit of Statements and Fees; Verification Procedures.—

(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 non-network stations and network stations whose signals were retransmitted, at any time during that period, to subscribers 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;

(B) a royalty fee payable to copyright owners pursuant to paragraph (4) for that 6-month period, computed by multiplying the total number of subscribers receiving each secondary transmission of a primary stream or multicast stream of each non-network station or network station during each calendar year month by the appropriate rate in effect under this subsection; and

(C) a filing fee, as determined by the Register of Copyrights pursuant to section 708(a).

(2) Verification of accounts and fee payments.—The Register of Copyrights shall issue regulations to permit interested parties to verify and audit the statements of account and royalty fees submitted by satellite carriers under this subsection.

(3) Investment of fees.—The Register of Copyrights shall receive all fees (including the filing fee specified in paragraph (1)(C)) 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 (5)), 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.

(4) Persons to whom fees are distributed.—The royalty fees deposited under paragraph (3) shall, in accordance with the procedures provided by paragraph (5), be distributed to those copyright owners whose works were included in a secondary transmission made by a satellite carrier during the applicable 6-month accounting period and who file a claim with the Copyright Royalty Judges under paragraph (5).

(5) Procedures for distribution.—The royalty fees deposited under paragraph (3) 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 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 Copyright Royalty Judges shall authorize the Librarian of Congress to proceed to distribute such fees to the copyright owners entitled to receive them, or to their designated agents, subject to the deduction of reasonable administrative costs under this section. 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 have the discretion to authorize the Librarian of Congress to proceed to distribute any amounts that are not in controversy.

(c) Adjustment of Royalty Fees.—

(1) Applicability and determination of royalty fees for signals.—

(A) Initial fee.—The appropriate fee for purposes of determining the royalty fee under subsection (b)(1)(B) for the secondary transmission of the primary transmissions of network stations and non-network stations shall be the appropriate fee set forth in part 258 of title 37, Code of Federal Regulations, as in effect on July 1, 2009, as modified under this paragraph.

(B) Fee set by voluntary negotiation.—On or before June 1, 2010, the Copyright Royalty Judges shall cause 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 for the secondary transmission of the primary transmissions of network stations and non-network stations under subsection (b)(1)(B).

(C) 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 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 cost thereof.

(D) Agreements binding on parties; filing of agreements; public notice.—

(i) Voluntary agreements; filing.—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 Register of Copyrights shall prescribe.

(ii) Procedure for adoption of fees.—

(I) Publication of notice.—Within 10 days after publication in the Federal Register of a notice of the initiation of voluntary negotiation proceedings, parties who have reached a voluntary agreement may request that the royalty fees in that agreement be applied to all satellite carriers, distributors, and copyright owners without convening a proceeding under subparagraph (F).

(II) Public notice of fees.—Upon receiving a request under subclause (I), the Copyright Royalty Judges shall immediately provide public notice of the royalty fees from the voluntary agreement and afford parties an opportunity to state that they object to those fees.

(III) Adoption of fees.—The Copyright Royalty Judges shall adopt the royalty fees from the voluntary agreement for all satellite carriers, distributors, and copyright owners without convening the proceeding under subparagraph (F) unless a party with an intent to participate in that proceeding and a significant interest in the outcome of that proceeding objects under subclause (II).

(E) Period agreement is in effect.—The obligation to pay the royalty fees established under a voluntary agreement which has been filed with the Copyright Royalty Judges in accordance with this paragraph shall become effective on the date specified 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.

(F) Fee set by copyright royalty judges proceeding.—

(i) Notice of initiation of the proceeding.—On or before September 1, 2010, the Copyright Royalty Judges shall cause notice to be published in the Federal Register of the initiation of a proceeding for the purpose of determining the royalty fees to be paid for the secondary transmission of the primary transmissions of network stations and non-network stations under subsection (b)(1)(B) by satellite carriers and distributors—

(I) in the absence of a voluntary agreement filed in accordance with subparagraph (D) that establishes royalty fees to be paid by all satellite carriers and distributors; or

(II) if an objection to the fees from a voluntary agreement submitted for adoption by the Copyright Royalty Judges to apply to all satellite carriers, distributors, and copyright owners is received under subparagraph (D) from a party with an intent to participate in the proceeding and a significant interest in the outcome of that proceeding.

 Such proceeding shall be conducted under chapter 8.

(ii) Establishment of royalty fees.—In determining royalty fees under this subparagraph, the Copyright Royalty Judges shall establish fees for the secondary transmissions of the primary transmissions of network stations and non-network stations that most clearly represent the fair market value of secondary transmissions, except that the Copyright Royalty Judges shall adjust royalty fees to account for the obligations of the parties under any applicable voluntary agreement filed with the Copyright Royalty Judges in accordance with subparagraph (D). In determining the fair market value, the Judges shall base their decision 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.

(iii) Effective date for decision of copyright royalty judges.—The obligation to pay the royalty fees established under a determination that is made by the Copyright Royalty Judges in a proceeding under this paragraph shall be effective as of January 1, 2010.

(iv) Persons subject to royalty fees.—The royalty fees referred to in clause (iii) 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 subparagraph (D).

(2) Annual royalty fee adjustment.—Effective January 1 of each year, the royalty fee payable under subsection (b)(1)(B) for the secondary transmission of the primary transmissions of network stations and non-network stations shall be adjusted by the Copyright Royalty Judges to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) published by the Secretary of Labor before December 1 of the preceding year. Notification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.

(d) Definitions.—As used in this section—

(1) Distributor.—The term "distributor" means an entity that 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 or indirectly through other program distribution entities in accordance with the provisions of this section.

(2) Network station.—The term "network station" means—

(A) a television station licensed by the Federal Communications Commission, 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 that 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);

except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service.

(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 that is operated by an individual in that household and that 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, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, 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 pursuant to this section.

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

(8) Subscriber; subscribe.—

(A) Subscriber.—The term "subscriber" means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.

(B) Subscribe.—The term "subscribe" means to elect to become a subscriber.

(9) Non-network station.—The term "non-network station" means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier.

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

(A) is a subscriber to whom subsection (a)(8) applies; or

(B) is a subscriber located in a short market.

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

(12) Commercial establishment.—The term "commercial establishment"—

(A) means an establishment used for commercial purposes, such as a bar, restaurant, private office, fitness club, oil rig, retail store, bank or other financial institution, supermarket, automobile or boat dealership, or any other establishment with a common business area; and

(B) does not include a multi-unit permanent or temporary dwelling where private home viewing occurs, such as a hotel, dormitory, hospital, apartment, condominium, or prison.

(13) Multicast stream.—The term "multicast stream" means a digital stream containing programming and program-related material affiliated with a television network, other than the primary stream.

(14) Primary stream.—The term "primary stream" means—

(A) the single digital stream of programming as to which a television broadcast station has the right to mandatory carriage with a satellite carrier under the rules of the Federal Communications Commission in effect on July 1, 2009; or

(B) if there is no stream described in subparagraph (A), then either—

(i) the single digital stream of programming associated with the network last transmitted by the station as an analog signal; or

(ii) if there is no stream described in clause (i), then the single digital stream of programming affiliated with the network that, as of July 1, 2009, had been offered by the television broadcast station for the longest period of time.

(15) Local-into-local service to all dmas.—The term "local-into-local service to all DMAs" has the meaning given such term in subsection (f)(7).

(16) Short market.—The term "short market" means a local market in which programming of one or more of the four most widely viewed television networks nationwide is not offered on either the primary stream or multicast stream transmitted by any network station in that market or is temporarily or permanently unavailable as a result of an act of god 2 or other force majeure event beyond the control of the carrier.

(e) Expedited Consideration by Justice Department of Voluntary Agreements to Provide Satellite Secondary Transmissions to Local Markets.—

(1) In general.—In a case in which no satellite carrier makes available, to subscribers located in a local market, as defined in section 122(j)(2), the secondary transmission into that market of a primary transmission of one or more television broadcast stations licensed by the Federal Communications Commission, and two or more satellite carriers request a business review letter in accordance with section 50.6 of title 28, Code of Federal Regulations (as in effect on July 7, 2004), in order to assess the legality under the antitrust laws of proposed business conduct to make or carry out an agreement to provide such secondary transmission into such local market, the appropriate official of the Department of Justice shall respond to the request no later than 90 days after the date on which the request is received.

(2) Definition.—For purposes of this subsection, the term "antitrust laws"—

(A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and

(B) includes any State law similar to the laws referred to in paragraph (1).

(f) Certain Waivers Granted to Providers of Local-into-local Service to All DMAs.—

(1) Injunction waiver.—A court that issued an injunction pursuant to subsection (a)(5)(B) before the date of the enactment of this subsection shall waive such injunction if the court recognizes the entity against which the injunction was issued as a qualified carrier.

(2) Limited temporary waiver.—

(A) In general.—Upon a request made by a satellite carrier, a court that issued an injunction against such carrier under subsection (a)(5)(B) before the date of the enactment of this subsection shall waive such injunction with respect to the statutory license provided under subsection (a)(2) to the extent necessary to allow such carrier to make secondary transmissions of primary transmissions made by a network station to unserved households located in short markets in which such carrier was not providing local service pursuant to the license under section 122 as of December 31, 2009.

(B) Expiration of temporary waiver.—A temporary waiver of an injunction under subparagraph (A) shall expire after the end of the 120-day period beginning on the date such temporary waiver is issued unless extended for good cause by the court making the temporary waiver.

(C) Failure to provide local-into-local service to all dmas.—

(i) Failure to act reasonably and in good faith.—If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to act reasonably or has failed to make a good faith effort to provide local-into-local service to all DMAs, such failure—

(I) is actionable as an act of infringement under section 501 and the court may in its discretion impose the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; 3 and

(II) shall result in the termination of the waiver issued under subparagraph (A).

(ii) Failure to provide local-into-local service.—If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to provide local-into-local service to all DMAs, but determines that the carrier acted reasonably and in good faith, the court may in its discretion impose financial penalties that reflect—

(I) the degree of control the carrier had over the circumstances that resulted in the failure;

(II) the quality of the carrier's efforts to remedy the failure; and

(III) the severity and duration of any service interruption.

(D) Single temporary waiver available.—An entity may only receive one temporary waiver under this paragraph.

(E) Short market defined.—For purposes of this paragraph, the term "short market" means a local market in which programming of one or more of the four most widely viewed television networks nationwide as measured on the date of the enactment of this subsection is not offered on the primary stream transmitted by any local television broadcast station.

(3) Establishment of qualified carrier recognition.—

(A) Statement of eligibility.—An entity seeking to be recognized as a qualified carrier under this subsection shall file a statement of eligibility with the court that imposed the injunction. A statement of eligibility must include—

(i) an affidavit that the entity is providing local-into-local service to all DMAs;

(ii) a motion for a waiver of the injunction;

(iii) a motion that the court appoint a special master under Rule 53 of the Federal Rules of Civil Procedure;

(iv) an agreement by the carrier to pay all expenses incurred by the special master under paragraph (4)(B)(ii); and

(v) a certification issued pursuant to section 342(a) of Communications Act of 1934.

(B) Grant of recognition as a qualified carrier.—Upon receipt of a statement of eligibility, the court shall recognize the entity as a qualified carrier and issue the waiver under paragraph (1). Upon motion pursuant to subparagraph (A)(iii), the court shall appoint a special master to conduct the examination and provide a report to the court as provided in paragraph (4)(B).

(C) Voluntary termination.—At any time, an entity recognized as a qualified carrier may file a statement of voluntary termination with the court certifying that it no longer wishes to be recognized as a qualified carrier. Upon receipt of such statement, the court shall reinstate the injunction waived under paragraph (1).

(D) Loss of recognition prevents future recognition.—No entity may be recognized as a qualified carrier if such entity had previously been recognized as a qualified carrier and subsequently lost such recognition or voluntarily terminated such recognition under subparagraph (C).

(4) Qualified carrier obligations and compliance.—

(A) Continuing obligations.—

(i) In general.—An entity recognized as a qualified carrier shall continue to provide local-into-local service to all DMAs.

(ii) Cooperation with compliance examination.—An entity recognized as a qualified carrier shall fully cooperate with the special master appointed by the court under paragraph (3)(B) in an examination set forth in subparagraph (B).

(B) Qualified carrier compliance examination.—

(i) Examination and report.—A special master appointed by the court under paragraph (3)(B) shall conduct an examination of, and file a report on, the qualified carrier's compliance with the royalty payment and household eligibility requirements of the license under this section. The report shall address the qualified carrier's conduct during the period beginning on the date on which the qualified carrier is recognized as such under paragraph (3)(B) and ending on April 30, 2012.

(ii) Records of qualified carrier.—Beginning on the date that is one year after the date on which the qualified carrier is recognized as such under paragraph (3)(B), but not later than December 1, 2011, the qualified carrier shall provide the special master with all records that the special master considers to be directly pertinent to the following requirements under this section:

(I) Proper calculation and payment of royalties under the statutory license under this section.

(II) Provision of service under this license to eligible subscribers only.

(iii) Submission of report.—The special master shall file the report required by clause (i) not later than July 24, 2012, with the court referred to in paragraph (1) that issued the injunction, and the court shall transmit a copy of the report to the Register of Copyrights, the Committees on the Judiciary and on Energy and Commerce of the House of Representatives, and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate.

(iv) Evidence of infringement.—The special master shall include in the report a statement of whether the examination by the special master indicated that there is substantial evidence that a copyright holder could bring a successful action under this section against the qualified carrier for infringement.

(v) Subsequent examination.—If the special master's report includes a statement that its examination indicated the existence of substantial evidence that a copyright holder could bring a successful action under this section against the qualified carrier for infringement, the special master shall, not later than 6 months after the report under clause (i) is filed, initiate another examination of the qualified carrier's compliance with the royalty payment and household eligibility requirements of the license under this section since the last report was filed under clause (iii). The special master shall file a report on the results of the examination conducted under this clause with the court referred to in paragraph (1) that issued the injunction, and the court shall transmit a copy to the Register of Copyrights, the Committees on the Judiciary and on Energy and Commerce of the House of Representatives, and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate. The report shall include a statement described in clause (iv).

(vi) Compliance.—Upon motion filed by an aggrieved copyright owner, the court recognizing an entity as a qualified carrier shall terminate such designation upon finding that the entity has failed to cooperate with an examination required by this subparagraph.

(vii) Oversight.—During the period of time that the special master is conducting an examination under this subparagraph, the Comptroller General shall monitor the degree to which the entity seeking to be recognized or recognized as a qualified carrier under paragraph (3) is complying with the special master's examination. The qualified carrier shall make available to the Comptroller General all records and individuals that the Comptroller General considers necessary to meet the Comptroller General's obligations under this clause. The Comptroller General shall report the results of the monitoring required by this clause to the Committees on the Judiciary and on Energy and Commerce of the House of Representatives and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate at intervals of not less than six months during such period.

(C) Affirmation.—A qualified carrier shall file an affidavit with the district court and the Register of Copyrights 30 months after such status was granted stating that, to the best of the affiant's knowledge, it is in compliance with the requirements for a qualified carrier. The qualified carrier shall attach to its affidavit copies of all reports or orders issued by the court, the special master, and the Comptroller General.

(D) Compliance determination.—Upon the motion of an aggrieved television broadcast station, the court recognizing an entity as a qualified carrier may make a determination of whether the entity is providing local-into-local service to all DMAs.

(E) Pleading requirement.—In any motion brought under subparagraph (D), the party making such motion shall specify one or more designated market areas (as such term is defined in section 122(j)(2)(C)) for which the failure to provide service is being alleged, and, for each such designated market area, shall plead with particularity the circumstances of the alleged failure.

(F) Burden of proof.—In any proceeding to make a determination under subparagraph (D), and with respect to a designated market area for which failure to provide service is alleged, the entity recognized as a qualified carrier shall have the burden of proving that the entity provided local-into-local service with a good quality satellite signal to at least 90 percent of the households in such designated market area (based on the most recent census data released by the United States Census Bureau) at the time and place alleged.

(5) Failure to provide service.—

(A) Penalties.—If the court recognizing an entity as a qualified carrier finds that such entity has willfully failed to provide local-into-local service to all DMAs, such finding shall result in the loss of recognition of the entity as a qualified carrier and the termination of the waiver provided under paragraph (1), and the court may, in its discretion—

(i) treat such failure as an act of infringement under section 501, and subject such infringement to the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; 3 and

(ii) impose a fine of not less than $250,000 and not more than $5,000,000.

(B) Exception for nonwillful violation.—If the court determines that the failure to provide local-into-local service to all DMAs is nonwillful, the court may in its discretion impose financial penalties for noncompliance that reflect—

(i) the degree of control the entity had over the circumstances that resulted in the failure;

(ii) the quality of the entity's efforts to remedy the failure and restore service; and

(iii) the severity and duration of any service interruption.

(6) Penalties for violations of license.—A court that finds, under subsection (a)(6)(A),3 that an entity recognized as a qualified carrier has willfully made a secondary transmission of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who is not eligible to receive the transmission under this section shall reinstate the injunction waived under paragraph (1), and the court may order statutory damages of not more than $2,500,000.

(7) Local-into-local service to all dmas defined.—For purposes of this subsection:

(A) In general.—An entity provides "local-into-local service to all DMAs" if the entity provides local service in all designated market areas (as such term is defined in section 122(j)(2)(C)) pursuant to the license under section 122, 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 2 or other force majeure event beyond the control of the entity.

(B) Household coverage.—For purposes of subparagraph (A), an entity that makes available local-into-local service with a good quality satellite signal to at least 90 percent of the households in a designated market area based on the most recent census data released by the United States Census Bureau shall be considered to be providing local service to such designated market area.

(C) Good quality satellite signal defined.—The term "good quality satellite signal" has the meaning given such term under section 342(e)(2) of Communications 4 Act of 1934.

(Added Pub. L. 100–667, title II, §202(2), Nov. 16, 1988, 102 Stat. 3949; amended Pub. L. 103–198, §5, Dec. 17, 1993, 107 Stat. 2310; Pub. L. 103–369, §2, Oct. 18, 1994, 108 Stat. 3477; Pub. L. 104–39, §5(c), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105–80, §§1, 12(a)(8), Nov. 13, 1997, 111 Stat. 1529, 1535; Pub. L. 106–44, §1(g)(4), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106–113, div. B, §1000(a)(9) [title I, §§1004–1007, 1008(b), 1011(b)(2), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–527 to 1501A–531, 1501A–537, 1501A–543, 1501A–544; Pub. L. 107–273, div. C, title III, §§13209, 13210(1), (8), Nov. 2, 2002, 116 Stat. 1908, 1909; Pub. L. 108–419, §5(g), (h), Nov. 30, 2004, 118 Stat. 2367; 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; Pub. L. 109–303, §4(e), (g), Oct. 6, 2006, 120 Stat. 1482, 1483; Pub. L. 110–403, title II, §209(a)(4), Oct. 13, 2008, 122 Stat. 4264; Pub. L. 111–118, div. B, §1003(a)(1), Dec. 19, 2009, 123 Stat. 3469; Pub. L. 111–144, §10(a)(1), Mar. 2, 2010, 124 Stat. 47; Pub. L. 111–151, §2(a)(1), Mar. 26, 2010, 124 Stat. 1027; Pub. L. 111–157, §9(a)(1), Apr. 15, 2010, 124 Stat. 1118; Pub. L. 111–175, title I, §§102(a)(1), (b)–(k), 105, May 27, 2010, 124 Stat. 1219–1226, 1239; Pub. L. 111–295, §6(c), Dec. 9, 2010, 124 Stat. 3181; Pub. L. 113–200, title II, §§201(2), 202(a), Dec. 4, 2014, 128 Stat. 2066; Pub. L. 116–94, div. P, title XI, §1102(a), (c)(1), Dec. 20, 2019, 133 Stat. 3201, 3203.)

Editorial Notes

References in Text

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 342 and 397 of the Act are classified to sections 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 Pub. L. 111–175, which shall be deemed to refer to Feb. 27, 2010. See section 307(a) of Pub. 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 Pub. 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.

Amendments

2019—Subsec. (a)(1). Pub. L. 116–94, §1102(c)(1)(A)(i), substituted "paragraphs (3), (4), and (6)" for "paragraphs (4), (5), and (7)".

Subsec. (a)(2)(A). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 116–94, §1102(a)(1)(C), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Subsec. (a)(6)(E). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 116–94, §1102(a)(1)(C), redesignated pars. (11) and (12) as (8) and (9), respectively.

Subsec. (a)(13). Pub. 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). Pub. L. 116–94, §1102(a)(1)(C), redesignated par. (14) as (10).

Subsec. (c)(1)(E). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 116–94, §1102(a)(6), redesignated subsec. (g) as (f).

Subsec. (g)(7)(A). Pub. 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). Pub. 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). Pub. L. 113–200, §201(2)(A), substituted "2019" for "2014".

Subsec. (e). Pub. L. 113–200, §201(2)(B), substituted "2019" for "2014".

Subsec. (h). Pub. L. 113–200, §202(a), added subsec. (h).

2010—Pub. 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). Pub. 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). Pub. L. 111–175, §102(h)(2)(A)(i), substituted "(4), (5), and (7)" for "(5), (6), and (8)".

Pub. 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) heading, to reflect the probable intent of Congress.

Pub. L. 111–175, §102(g)(1), substituted "non-network station" for "superstation".

Subsec. (a)(2)(A). Pub. 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). Pub. 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). Pub. L. 111–175, §102(i)(1), added subcl. (III).

Subsec. (a)(2)(B)(iii)(II). Pub. 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). Pub. 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). Pub. 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). Pub. L. 111–175, §102(h)(1)(A), redesignated subpar. (D) as (C).

Subsec. (a)(3)(A). Pub. L. 111–175, §102(i)(2)(A), struck out "analog" after "subscribers to" in subpar. heading, 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)(bb).

Subsec. (a)(3)(B), (C). Pub. 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). Pub. 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). Pub. 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).

Pub. 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). Pub. 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). Pub. L. 111–175, §102(i)(4), struck out "and 509" after "506".

Subsec. (a)(5). Pub. L. 111–175, §102(g)(1), substituted "non-network station" for "superstation".

Subsec. (a)(6). Pub. L. 111–175, §102(i)(3)(C), inserted concluding provisions.

Pub. L. 111–175, §102(g)(1), substituted "non-network station" for "superstation".

Subsec. (a)(6)(A)(ii). Pub. L. 111–175, §102(i)(3)(A), substituted "$250" for "$5".

Subsec. (a)(6)(B)(i). Pub. 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). Pub. L. 111–175, §102(i)(3)(B)(ii), substituted "$2,500,000" for "$250,000".

Subsec. (a)(8). Pub. L. 111–175, §102(g)(1), substituted "non-network station" for "superstation".

Subsec. (a)(11)(A)(i)(I), (II), (B)(iii)(II). Pub. L. 111–175, §102(k)(1), substituted ", Code of Federal Regulations" for "of the Code of Federal Regulations".

Subsec. (b). Pub. L. 111–175, §102(d)(1), amended heading generally. Prior to amendment, heading read as follows: "Statutory License for Secondary Transmissions for Private Home Viewing.—".

Subsec. (b)(1). Pub. 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. (b)(1)(A). Pub. L. 111–175, §102(g)(2), substituted "non-network stations" for "superstations".

Subsec. (b)(1)(B). Pub. 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. (b)(1)(C). Pub. L. 111–175, §102(c), added subpar. (C).

Subsec. (b)(2). Pub. L. 111–175, §102(d)(4), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. 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. (b)(4). Pub. 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. (b)(5). Pub. 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). Pub. L. 111–175, §102(e)(1)(A), struck out "analog" after "fees for" in heading.

Subsec. (c)(1)(A). Pub. 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). Pub. 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). Pub. L. 111–175, §102(e)(1)(D), substituted "Copyright Royalty Judges" for "Librarian of Congress".

Subsec. (c)(1)(D)(i). Pub. L. 111–175, §102(e)(1)(E)(i), inserted heading and substituted "that are parties" for "that a parties".

Subsec. (c)(1)(D)(ii). Pub. L. 111–175, §102(e)(1)(E)(ii)(I), inserted heading.

Subsec. (c)(1)(D)(ii)(I). Pub. L. 111–175, §102(e)(1)(E)(ii)(I), (II), inserted heading and substituted "a proceeding under subparagraph (F)" for "an arbitration proceeding pursuant to subparagraph (E)".

Subsec. (c)(1)(D)(ii)(II). Pub. L. 111–175, §102(e)(1)(E)(ii)(III), inserted heading 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). Pub. L. 111–175, §102(e)(1)(E)(ii)(IV), inserted heading 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). Pub. L. 111–175, §102(e)(1)(F), substituted "Copyright Royalty Judges" for "Copyright Office" and "December 31, 2014" for "May 31, 2010".

Pub. L. 111–157, §9(a)(1)(A), substituted "May 31, 2010" for "April 30, 2010".

Pub. L. 111–151, §2(a)(1)(A), substituted "April 30, 2010" for "March 28, 2010".

Pub. L. 111–144, §10(a)(1)(A), substituted "March 28, 2010" for "February 28, 2010".

Subsec. (c)(1)(F). Pub. L. 111–175, §102(e)(1)(G)(i), substituted "copyright royalty judges proceeding" for "compulsory arbitration" in heading.

Subsec. (c)(1)(F)(i). Pub. L. 111–175, §102(e)(1)(G)(ii)(I), (II), (IV), (g)(2), in heading, 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 111–175, §102(e)(1)(G)(v), substituted "fees" for "fee" in heading and substituted "fees referred to in clause (iii)" for "fee referred to in (iii)" in text.

Subsec. (c)(2). Pub. 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). Pub. L. 111–175, §102(f)(6), substituted "that contracts" for "which contracts".

Subsec. (d)(2)(A). Pub. L. 111–175, §102(f)(6), substituted "that offer" for "which offer".

Subsec. (d)(5). Pub. L. 111–175, §102(f)(6), substituted "that is operated" for "which is operated" and "that serves" for "which serves".

Subsec. (d)(6). Pub. 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). Pub. 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). Pub. 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) heading, to reflect the probable intent of Congress.

Pub. L. 111–175, §102(g)(1), substituted "non-network station" for "superstation".

Subsec. (d)(10)(A). Pub. L. 111–175, §102(b)(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). Pub. L. 111–175, §102(b)(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). Pub. L. 111–175, §102(b)(1)(C), substituted "(a)(11)" for "(a)(12)".

Subsec. (d)(11). Pub. 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). Pub. 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). Pub. L. 111–175, §102(f)(4), added par. (14). Former par. (14) redesignated (13).

Pub. L. 111–175, §102(b)(2), added par. (14).

Subsec. (d)(15). Pub. L. 111–175, §102(f)(5), added par. (15).

Subsec. (e). Pub. 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".

Pub. L. 111–157, §9(a)(1)(B), substituted "May 31, 2010" for "April 30, 2010".

Pub. L. 111–151, §2(a)(1)(B), substituted "April 30, 2010" for "March 28, 2010".

Pub. L. 111–144, §10(a)(1)(B), substituted "March 28, 2010" for "February 28, 2010".

Subsec. (g). Pub. L. 111–175, §105, added subsec. (g).

Subsec. (g)(4)(B)(vi). Pub. L. 111–295 substituted "an examination" for "the examinations".

2009—Subsecs. (c)(1)(E), (e). Pub. L. 111–118 substituted "February 28, 2010" for "December 31, 2009".

2008—Subsec. (a)(6). Pub. L. 110–403, §209(a)(4)(A), substituted "section 510" for "sections 509 and 510".

Subsec. (a)(7)(A). Pub. L. 110–403, §209(a)(4)(B), struck out "and 509" after "506" in introductory provisions.

Subsec. (a)(8), (13). Pub. L. 110–403, §209(a)(4)(C), (D), struck out "and 509" after "506".

2006—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). Pub. L. 109–303, §4(g), deemed amendment by Pub. L. 108–419, §5(h), never to have been enacted. See 2004 Amendment note below.

Subsec. (c)(1)(F)(i). Pub. L. 109–303, §4(e)(2), substituted "arbitration" for "arbitrary" in concluding provisions.

2004—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".

Pub. L. 108–419, §5(g)(1), substituted "Copyright Royalty Judges" for "Librarian of Congress".

Subsec. (b)(4)(A). Pub. L. 108–447, §107(a)(2), struck out "for private home viewing" after "secondary transmissions".

Pub. L. 108–419, §5(g)(2)(A), substituted "Copyright Royalty Judges" for "Librarian of Congress" in two places.

Subsec. (b)(4)(B), (C). Pub. 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). Pub. L. 108–447, §103(5), amended heading and text of subsec. (c) generally. Prior to amendment, text related to adjustment, determination, arbitration, and reduction of royalty fees.

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.

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).

2002—Subsec. (a)(1). Pub. L. 107–273, §13209(3)(B), amended Pub. L. 106–113, §1000(a)(9) [title I, §1011(b)(2)(A)]. See 1999 Amendment note below.

Pub. L. 107–273, §13209(3)(A), amended Pub. L. 106–113, §1000(a)(9) [title I, §1006(a)]. See 1999 Amendment note below.

Subsec. (a)(2)(A). Pub. L. 107–273, §13209(1)(A), made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title I, §1007(2)]. See 1999 Amendment note below.

Subsec. (a)(6). Pub. L. 107–273, §13210(1), substituted "of a performance" for "of performance".

Subsec. (a)(12). Pub. L. 107–273, §13209(1)(B), made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title I, §1007(3)]. See 1999 Amendment note below.

Subsec. (b)(1)(A). Pub. L. 107–273, §13210(8), substituted "retransmitted" for "transmitted" and "retransmissions" for "transmissions".

Subsec. (b)(1)(B)(ii). Pub. L. 107–273, §13209(2), made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title I, §1006(b)]. See 1999 Amendment note below.

1999—Subsec. (a)(1). Pub. L. 106–113, §1000(a)(9) [title I, §1011(b)(2)(A)], as amended by Pub. 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".

Pub. 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,".

Pub. L. 106–113, §1000(a)(9) [title I, §1006(a)], as amended by Pub. L. 107–273, §13209(3)(A), in heading substituted "Superstations and pbs satellite feed" for "Superstations" and in text inserted "In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002." at end. Pub. L. 107–273, §13209(3)(A)(ii), which repealed Pub. 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). Pub. L. 106–113, §1000(a)(9) [title I, §1011(b)(2)(A)], substituted "a performance or display of a work embodied in a primary transmission made by a network station" for "programming contained in a primary transmission made by a network station and embodying a performance or display of a work".

Pub. L. 106–113, §1000(a)(9) [title I, §1007(2)], as amended by Pub. 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). Pub. L. 106–113, §1000(a)(9) [title I, §1005(a)(2)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions to persons who reside in unserved households."

Subsec. (a)(2)(C). Pub. L. 106–113, §1000(a)(9) [title I, §1011(c)], struck out "currently" after "all subscribers to which the satellite carrier" in first sentence.

Subsec. (a)(4). Pub. L. 106–113, §1000(a)(9) [title I, §1011(b)(2)(C)], inserted "a performance or display of a work embodied in" after "by a satellite carrier of" and struck out "and embodying a performance or display of a work" after "network station".

Subsec. (a)(5)(E). Pub. L. 106–113, §1000(a)(9) [title I, §1005(b)], added subpar. (E).

Subsec. (a)(6). Pub. L. 106–113, §1000(a)(9) [title I, §1011(b)(2)(D)], inserted "performance or display of a work embodied in" after "by a satellite carrier of" and struck out "and embodying a performance or display of a work" after "network station".

Subsec. (a)(8)(C)(ii). Pub. L. 106–44 substituted "within the network station's" for "within the network's station" in first sentence.

Subsec. (a)(11). Pub. L. 106–113, §1000(a)(9) [title I, §1005(d)], added par. (11).

Subsec. (a)(12). Pub. L. 106–113, §1000(a)(9) [title I, §1007(3)], as amended by Pub. L. 107–273, §13209(1)(B), added par. (12).

Subsec. (b)(1)(B)(ii). Pub. L. 106–113, §1000(a)(9) [title I, §1006(b)], as amended by Pub. L. 107–273, §13209(2), inserted "or the Public Broadcasting Service satellite feed" after "network station".

Subsec. (c)(4), (5). Pub. L. 106–113, §1000(a)(9) [title I, §1004], added pars. (4) and (5).

Subsec. (d)(2). Pub. L. 106–113, §1000(a)(9) [title I, §1008(b)], substituted a semicolon for the period at end of subpar. (B) and inserted concluding provisions.

Subsec. (d)(9). Pub. L. 106–113, §1000(a)(9) [title I, §1006(c)(1)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'superstation' means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier."

Subsec. (d)(10). Pub. L. 106–113, §1000(a)(9) [title I, §1005(a)(1)], added par. (10) and struck out heading and text of former par. (10). Text read as follows: "The term 'unserved household', with respect to a particular television network, means a household that—

"(A) cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-the-air signal of grade B intensity (as defined by the Federal Communications Commission) of a primary network station affiliated with that network, and

"(B) has not, within 90 days before the date on which that household subscribes, either initially or on renewal, to receive secondary transmissions by a satellite carrier of a network station affiliated with that network, subscribed to a cable system that provides the signal of a primary network station affiliated with that network."

Subsec. (d)(11). Pub. L. 106–113, §1000(a)(9) [title I, §1005(e)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'local market' means the area encompassed within a network station's predicted Grade B contour as that contour is defined by the Federal Communications Commission."

Subsec. (d)(12). Pub. L. 106–113, §1000(a)(9) [title I, §1006(c)(2)], added par. (12).

Subsec. (e). Pub. L. 106–113, §1000(a)(9) [title I, §1005(c)], amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "No provision of section 111 of this title or any other law (other than this section) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carrier for private home viewing of programming contained in a primary transmission made by a superstation or a network station may be made without obtaining the consent of the copyright owner."

1997—Subsec. (a)(5)(C). Pub. L. 105–80, §1(3), amended Pub. L. 103–369, §2(5)(A). See 1994 Amendment note below.

Subsec. (b)(1)(B)(i). Pub. L. 105–80, §1(1), amended Pub. L. 103–369, §2(3)(A). See 1994 Amendment note below.

Subsec. (c)(1). Pub. 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 Pub. L. 103–369, §2(4)(A), as amended by Pub. L. 105–80, §1(2). See 1994 Amendment note below.

Pub. L. 105–80, §1(2), amended Pub. L. 103–369, §2(4)(A). See 1994 Amendment note below.

Subsec. (c)(2)(A), (D), (3)(A)–(C). Pub. L. 105–80, §1(2), amended Pub. L. 103–369, §2(4). See 1994 Amendment notes below.

1995—Subsec. (a)(1), (2)(A). Pub. L. 104–39 inserted "and section 114(d)" after "of this subsection".

1994—Subsec. (a)(2)(C). Pub. L. 103–369, §2(1), struck out "90 days after the effective date of the Satellite Home Viewer Act of 1988, or" before "90 days after commencing", "whichever is later," before "submit to the network that owns", and ", on or after the effective date of the Satellite Home Viewer Act of 1988," after "Register of Copyrights", and inserted "name and" after "identifying (by" in two places.

Subsec. (a)(5)(C). Pub. L. 103–369, §2(5)(A), as amended by Pub. 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). Pub. L. 103–369, §2(2), added subpar. (D).

Subsec. (a)(8) to (10). Pub. L. 103–369, §2(5)(B), added pars. (8) to (10).

Subsec. (b)(1)(B)(i). Pub. L. 103–369, §2(3)(A), as amended by Pub. 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. (b)(1)(B)(ii). Pub. L. 103–369, §2(3)(B), substituted "6 cents" for "3 cents".

Subsec. (c)(1). Pub. L. 103–369, §2(4)(A), as amended by Pub. 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). Pub. L. 103–369, §2(4)(B)(i), as amended by Pub. L. 105–80, §1(2), substituted "July 1, 1996" for "July 1, 1991".

Subsec. (c)(2)(D). Pub. L. 103–369, §2(4)(B)(ii), as amended by Pub. 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). Pub. L. 103–369, §2(4)(C)(i), as amended by Pub. L. 105–80, §1(2), substituted "January 1, 1997" for "December 31, 1991".

Subsec. (c)(3)(B). Pub. L. 103–369, §2(4)(C)(ii), as amended by Pub. 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). Pub. L. 103–369, §2(4)(C)(iii), as amended by Pub. L. 105–80, §1(2), inserted before period at end "or July 1, 1997, whichever is later".

Subsec. (d)(2). Pub. 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). Pub. 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). Pub. L. 103–369, §2(6)(C), added par. (11).

1993—Subsec. (b)(1). Pub. 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. (b)(2), (3). Pub. L. 103–198, §5(1)(B), (C), substituted "Librarian of Congress" for "Copyright Royalty Tribunal".

Subsec. (b)(4). Pub. 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). Pub. L. 103–198, §5(2)(A), substituted "Adjustment" for "Determination" in heading.

Subsec. (c)(2). Pub. L. 103–198, §5(2)(B), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" in subpars. (A) and (B).

Subsec. (c)(3)(A). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 103–198, §5(2)(D), struck out par. (4) which established procedures for judicial review of decisions of the Copyright Royalty Tribunal.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of this title.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title I, §§1004, 1006] of Pub. L. 106–113 effective July 1, 1999, and amendment by section 1000(a)(9) [title I, §§1005, 1007, 1008(b), 1011(b)(2), (c)] of Pub. L. 106–113 effective Nov. 29, 1999, see section 1000(a)(9) [title I, §1012] of Pub. L. 106–113, set out as a note under section 101 of this title.

Effective Date of 1997 Amendment

Pub. L. 105–80, §13, Nov. 13, 1997, 111 Stat. 1536, provided that:

"(a) In General.—Except as provided in subsections (b) and (c), the amendments made by this Act [amending this section, sections 101, 104A, 108 to 110, 114 to 116, 303, 304, 405, 407, 411, 504, 509, 601, 708, 801 to 803, 909, 910, 1006, and 1007 of this title, and section 2319 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as a note under section 914 of this title] shall take effect on the date of the enactment of this Act [Nov. 13, 1997].

"(b) Satellite Home Viewer Act.—The amendments made by section 1 [amending this section] shall be effective as if enacted as part of the Satellite Home Viewer Act of 1994 (Public Law 103–369).

"(c) Technical Amendment.—The amendment made by section 12(b)(1) [amending provisions set out as a note under section 914 of this title] shall be effective as if enacted on November 9, 1987."

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–39 effective 3 months after Nov. 1, 1995, see section 6 of Pub. L. 104–39, set out as a note under section 101 of this title.

Effective and Termination Dates of 1994 Amendment

Pub. L. 103–369, §6, Oct. 18, 1994, 108 Stat. 3481, provided that:

"(a) In General.—Except as provided in subsections (b) and (d), this Act [amending this section and section 111 of this title, enacting provisions set out as notes under this section and section 101 of this title, and repealing provisions set out as a note under this section] and the amendments made by this Act take effect on the date of the enactment of this Act [Oct. 18, 1994].

"(b) Burden of Proof Provisions.—The provisions of section 119(a)(5)(D) of title 17, United States Code (as added by section 2(2) of this Act) relating to the burden of proof of satellite carriers, shall take effect on January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before the date of the enactment of this Act.

"(c) Transitional Signal Intensity Measurement Procedures.—The provisions of [former] section 119(a)(8) of title 17, United States Code (as added by section 2(5) of this Act), relating to transitional signal intensity measurements, shall cease to be effective on December 31, 1996.

"(d) Local Service Area of a Primary Transmitter.—The amendment made by section 3(b) [amending section 111 of this title], relating to the definition of the local service area of a primary transmitter, shall take effect on July 1, 1994."

Effective Date

Pub. L. 100–667, title II, §206, Nov. 16, 1988, 102 Stat. 3960, provided that: "This title and the amendments made by this title [enacting this section and sections 612 and 613 of Title 47, Telecommunications, amending sections 111, 501, 801, and 804 of this title and section 605 of Title 47, and enacting provisions set out as notes under this section and section 101 of this title] take effect on January 1, 1989, except that the authority of the Register of Copyrights to issue regulations pursuant to section 119(b)(1) of title 17, United States Code, as added by section 202 of this Act, takes effect on the date of the enactment of this Act [Nov. 16, 1988]."

Pub. 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 Pub. L. 103–369, §4(b), Oct. 18, 1994, 108 Stat. 3481.

Termination of Section

Pub. 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 Pub. L. 113–200, title II, §202(b), Dec. 4, 2014, 128 Stat. 2066.

Pub. L. 111–118, div. B, §1003(a)(2)(A), Dec. 19, 2009, 123 Stat. 3469, as amended by Pub. L. 111–144, §10(a)(2), Mar. 2, 2010, 124 Stat. 47; Pub. L. 111–151, §2(a)(2), Mar. 26, 2010, 124 Stat. 1027; Pub. 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 Pub. L. 111–175, title I, §107(b), May 27, 2010, 124 Stat. 1245.

Pub. L. 103–369, §4(a), Oct. 18, 1994, 108 Stat. 3481, as amended by Pub. L. 106–113, div. B, §1000(a)(9) [title I, §1003], Nov. 29, 1999, 113 Stat. 1536, 1501A–527; Pub. 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 Pub. L. 111–118, div. B, §1003(a)(2)(B), Dec. 19, 2009, 123 Stat. 3469.

Previously Covered Subscribers Under the STELA Reauthorization Act of 2014

Pub. L. 116–94, div. P, title XI, §1102(b), Dec. 20, 2019, 133 Stat. 3203, provided that:

"(1) In general.—A subscriber of a satellite carrier who receives the secondary transmission of a network station under the statutory license in section 119 of title 17, United States Code, as in effect on the day before the date of the enactment of this Act [Dec. 20, 2019], and to whom subsection (a)(2)(B) of such section, as amended by subsection (a), does not apply, shall continue to be eligible to receive that secondary transmission from such carrier under such license, and at the royalty rate established for such license by the Copyright Royalty Board or voluntary agreement, as applicable, until the date that is the earlier of—

"(A) May 31, 2020; or

"(B) the date on which such carrier provides local-into-local service to all DMAs.

"(2) Definitions.—In this subsection, the terms 'satellite carrier', 'subscriber', 'secondary transmission', 'network station', and 'local-into-local service to all DMAs' have the meaning given those terms in section 119 of title 17, United States Code."

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."

Effect on Certain Proceedings

Pub. L. 108–447, div. J, title IX [title I, §106], Dec. 8, 2004, 118 Stat. 3406, provided that: "Nothing in this title [see Short Title of 2004 Amendment note set out under section 101 of this title] shall modify any remedy imposed on a party that is required by the judgment of a court in any action that was brought before May 1, 2004, against that party for a violation of section 119 of title 17, United States Code."

Applicability of 1994 Amendment

Pub. L. 103–369, §5, Oct. 14, 1994, 108 Stat. 3481, provided that: "The amendments made by this section apply only to section 119 of title 17, United States Code."

1 So in original. Probably means subpar. (B)(i).

2 So in original. Probably should be capitalized.

3 See References in Text note below.

4 So in original. Probably should be preceded by "the".
17 U.S.C. § 1006 (2024) — Title 17: COPYRIGHTS / Chapter 10: DIGITAL AUDIO RECORDING DEVICES AND MEDIA / Subchapter C: ROYALTY PAYMENTS / Section 1006: Entitlement to royalty payments
Entitlement to royalty payments
Status: in_force

(a) Interested Copyright Parties.—The royalty payments deposited pursuant to section 1005 shall, in accordance with the procedures specified in section 1007, be distributed to any interested copyright party—

(1) whose musical work or sound recording has been—

(A) embodied in a digital musical recording or an analog musical recording lawfully made under this title that has been distributed, and

(B) distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions, during the period to which such payments pertain; and

(2) who has filed a claim under section 1007.

(b) Allocation of Royalty Payments to Groups.—The royalty payments shall be divided into 2 funds as follows:

(1) The sound recordings fund.—662/3 percent of the royalty payments shall be allocated to the Sound Recordings Fund. 25/8 percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001(7)(A) and the American Federation of Musicians (or any successor entity) to be distributed to nonfeatured musicians (whether or not members of the American Federation of Musicians or any successor entity) who have performed on sound recordings distributed in the United States. 13/8 percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001(7)(A) and the American Federation of Television and Radio Artists (or any successor entity) to be distributed to nonfeatured vocalists (whether or not members of the American Federation of Television and Radio Artists or any successor entity) who have performed on sound recordings distributed in the United States. 40 percent of the remaining royalty payments in the Sound Recordings Fund shall be distributed to the interested copyright parties described in section 1001(7)(C), and 60 percent of such remaining royalty payments shall be distributed to the interested copyright parties described in section 1001(7)(A).

(2) The musical works fund.—

(A) 331/3 percent of the royalty payments shall be allocated to the Musical Works Fund for distribution to interested copyright parties described in section 1001(7)(B).

(B)(i) Music publishers shall be entitled to 50 percent of the royalty payments allocated to the Musical Works Fund.

(ii) Writers shall be entitled to the other 50 percent of the royalty payments allocated to the Musical Works Fund.

(c) Allocation of Royalty Payments Within Groups.—If all interested copyright parties within a group specified in subsection (b) do not agree on a voluntary proposal for the distribution of the royalty payments within each group, the Copyright Royalty Judges shall, pursuant to the procedures specified under section 1007(c), allocate royalty payments under this section based on the extent to which, during the relevant period—

(1) for the Sound Recordings Fund, each sound recording was distributed in the form of digital musical recordings or analog musical recordings; and

(2) for the Musical Works Fund, each musical work was distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions.

(Added Pub. L. 102–563, §2, Oct. 28, 1992, 106 Stat. 4242; amended Pub. L. 103–198, §6(b)(3), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 105–80, §12(a)(24), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 108–419, §5(i)(2), Nov. 30, 2004, 118 Stat. 2368.)

Editorial Notes

Amendments

2004—Subsec. (c). Pub. L. 108–419 substituted "Copyright Royalty Judges" for "Librarian of Congress shall convene a copyright arbitration royalty panel which" in introductory provisions.

1997—Subsec. (b)(1). Pub. L. 105–80 substituted "Federation of Television" for "Federation Television" before "and Radio Artists or any successor entity)".

1993—Subsec. (c). Pub. L. 103–198 substituted "Librarian of Congress shall convene a copyright arbitration royalty panel which" for "Copyright Royalty Tribunal" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.
17 U.S.C. § 1302 (2024) — Title 17: COPYRIGHTS / Chapter 13: PROTECTION OF ORIGINAL DESIGNS / Section 1302: Designs not subject to protection
Designs not subject to protection
Status: in_force

Protection under this chapter shall not be available for a design that is—

(1) not original;

(2) staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary;

(3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;

(4) dictated solely by a utilitarian function of the article that embodies it; or

(5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter.

(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2906; amended Pub. L. 106–44, §1(f)(1), Aug. 5, 1999, 113 Stat. 222.)

Editorial Notes

Amendments

1999—Par. (5). Pub. L. 106–44 substituted "2 years" for "1 year".
17 U.S.C. § 1506 (2024) — Title 17: COPYRIGHTS / Chapter 15: COPYRIGHT SMALL CLAIMS / Section 1506: Conduct of proceedings
Conduct of proceedings
Status: in_force

(a) In General.—

(1) Applicable law.—Proceedings of the Copyright Claims Board shall be conducted in accordance with this chapter and regulations established by the Register of Copyrights under this chapter, in addition to relevant principles of law under this title.

(2) Conflicting precedent.—If it appears that there may be conflicting judicial precedent on an issue of substantive copyright law that cannot be reconciled, the Copyright Claims Board shall follow the law of the Federal jurisdiction in which the action could have been brought if filed in a district court of the United States, or, if the action could have been brought in more than 1 such jurisdiction, the jurisdiction that the Copyright Claims Board determines has the most significant ties to the parties and conduct at issue.

(b) Record.—The Copyright Claims Board shall maintain records documenting the proceedings before the Board.

(c) Centralized Process.—Proceedings before the Copyright Claims Board shall—

(1) be conducted at the offices of the Copyright Claims Board without the requirement of in-person appearances by parties or others; and

(2) take place by means of written submissions, hearings, and conferences carried out through internet-based applications and other telecommunications facilities, except that, in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the Copyright Claims Board through available telecommunications facilities, the Copyright Claims Board may make alternative arrangements for the submission of such evidence that do not prejudice any other party to the proceeding.

(d) Representation.—A party to a proceeding before the Copyright Claims Board may be, but is not required to be, represented by—

(1) an attorney; or

(2) a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis.

(e) Commencement of Proceeding.—In order to commence a proceeding under this chapter, a claimant shall, subject to such additional requirements as may be prescribed in regulations established by the Register of Copyrights, file a claim with the Copyright Claims Board, that—

(1) includes a statement of material facts in support of the claim;

(2) is certified under subsection (y)(1); and

(3) is accompanied by a filing fee in such amount as may be prescribed in regulations established by the Register of Copyrights.

(f) Review of Claims and Counterclaims.—

(1) Claims.—Upon the filing of a claim under subsection (e), the claim shall be reviewed by a Copyright Claims Attorney to ensure that the claim complies with this chapter and applicable regulations, subject to the following:

(A) If the claim is found to comply, the claimant shall be notified regarding that compliance and instructed to proceed with service of the claim under subsection (g).

(B) If the claim is found not to comply, the claimant shall be notified that the claim is deficient and be permitted to file an amended claim not later than 30 days after the date on which the claimant receives the notice, without the requirement of an additional filing fee. If the claimant files a compliant claim within that 30-day period, the claimant shall be so notified and be instructed to proceed with service of the claim. If the claim is refiled within that 30-day period and still fails to comply, the claimant shall again be notified that the claim is deficient and shall be provided a second opportunity to amend the claim not later than 30 days after the date of that second notice, without the requirement of an additional filing fee. If the claim is refiled again within that second 30-day period and is compliant, the claimant shall be so notified and shall be instructed to proceed with service of the claim, but if the claim still fails to comply, upon confirmation of such noncompliance by a Copyright Claims Officer, the proceeding shall be dismissed without prejudice. The Copyright Claims Board shall also dismiss without prejudice any proceeding in which a compliant claim is not filed within the applicable 30-day period.

(C)(i) Subject to clause (ii), for purposes of this paragraph, a claim against an online service provider for infringement by reason of the storage of or referral or linking to infringing material that may be subject to the limitations on liability set forth in subsection (b), (c), or (d) of section 512 shall be considered noncompliant unless the claimant affirms in the statement required under subsection (e)(1) of this section that the claimant has previously notified the service provider of the claimed infringement in accordance with subsection (b)(2)(E), (c)(3), or (d)(3) of section 512, as applicable, and the service provider failed to remove or disable access to the material expeditiously upon the provision of such notice.

(ii) If a claim is found to be noncompliant under clause (i), the Copyright Claims Board shall provide the claimant with information concerning the service of such a notice under the applicable provision of section 512.

(2) Counterclaims.—Upon the filing and service of a counterclaim, the counterclaim shall be reviewed by a Copyright Claims Attorney to ensure that the counterclaim complies with the provisions of this chapter and applicable regulations. If the counterclaim is found not to comply, the counterclaimant and the other parties to the proceeding shall be notified that the counterclaim is deficient, and the counterclaimant shall be permitted to file and serve an amended counterclaim not later than 30 days after the date of such notice. If the counterclaimant files and serves a compliant counterclaim within that 30-day period, the counterclaimant and such other parties shall be so notified. If the counterclaim is refiled and served within that 30-day period but still fails to comply, the counterclaimant and such other parties shall again be notified that the counterclaim is deficient, and the counterclaimant shall be provided a second opportunity to amend the counterclaim not later than 30 days after the date of the second notice. If the counterclaim is refiled and served again within that second 30-day period and is compliant, the counterclaimant and such other parties shall be so notified, but if the counterclaim still fails to comply, upon confirmation of such noncompliance by a Copyright Claims Officer, the counterclaim, but not the proceeding, shall be dismissed without prejudice.

(3) Dismissal for unsuitability.—The Copyright Claims Board shall dismiss a claim or counterclaim without prejudice if, upon reviewing the claim or counterclaim, or at any other time in the proceeding, the Copyright Claims Board concludes that the claim or counterclaim is unsuitable for determination by the Copyright Claims Board, including on account of any of the following:

(A) The failure to join a necessary party.

(B) The lack of an essential witness, evidence, or expert testimony.

(C) The determination of a relevant issue of law or fact that could exceed either the number of proceedings the Copyright Claims Board could reasonably administer or the subject matter competence of the Copyright Claims Board.

(g) Service of Notice and Claims.—In order to proceed with a claim against a respondent, a claimant shall, not later than 90 days after receiving notification under subsection (f) to proceed with service, file with the Copyright Claims Board proof of service on the respondent. In order to effectuate service on a respondent, the claimant shall cause notice of the proceeding and a copy of the claim to be served on the respondent, either by personal service or pursuant to a waiver of personal service, as prescribed in regulations established by the Register of Copyrights. Such regulations shall include the following requirements:

(1) The notice of the proceeding shall adhere to a prescribed form and shall set forth the nature of the Copyright Claims Board and proceeding, the right of the respondent to opt out, and the consequences of opting out and not opting out, including a prominent statement that, by not opting out within 60 days after receiving the notice, the respondent—

(A) loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States; and

(B) waives the right to a jury trial regarding the dispute.

(2) The copy of the claim served on the respondent shall be the same as the claim that was filed with the Copyright Claims Board.

(3) Personal service of a notice and claim may be effected by an individual who is not a party to the proceeding and is older than 18 years of age.

(4) An individual, other than a minor or incompetent individual, may be served by—

(A) complying with State law for serving a summons in an action brought in courts of general jurisdiction in the State where service is made;

(B) delivering a copy of the notice and claim to the individual personally;

(C) leaving a copy of the notice and claim at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or

(D) delivering a copy of the notice and claim to an agent designated by the respondent to receive service of process or, if not so designated, an agent authorized by appointment or by law to receive service of process.

(5)(A) A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the notice and claim to its service agent. If such service agent has not been designated, service shall be accomplished—

(i) by complying with State law for serving a summons in an action brought in courts of general jurisdiction in the State where service is made; or

(ii) by delivering a copy of the notice and claim to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process in an action brought in courts of general jurisdiction in the State where service is made and, if the agent is one authorized by statute and the statute so requires, by also mailing a copy of the notice and claim to the respondent.

(B) A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name may elect to designate a service agent to receive notice of a claim against it before the Copyright Claims Board by complying with requirements that the Register of Copyrights shall establish by regulation. The Register of Copyrights shall maintain a current directory of service agents that is available to the public for inspection, including through the internet, and may require such corporations, partnerships, and unincorporated associations designating such service agents to pay a fee to cover the costs of maintaining the directory.

(6) In order to request a waiver of personal service, the claimant may notify a respondent, by first class mail or by other reasonable means, that a proceeding has been commenced, such notice to be made in accordance with regulations established by the Register of Copyrights, subject to the following:

(A) Any such request shall be in writing, shall be addressed to the respondent, and shall be accompanied by a prescribed notice of the proceeding, a copy of the claim as filed with the Copyright Claims Board, a prescribed form for waiver of personal service, and a prepaid or other means of returning the form without cost.

(B) The request shall state the date on which the request is sent, and shall provide the respondent a period of 30 days, beginning on the date on which the request is sent, to return the waiver form signed by the respondent. The signed waiver form shall, for purposes of this subsection, constitute acceptance and proof of service as of the date on which the waiver is signed.

(7)(A) A respondent's waiver of personal service shall not constitute a waiver of the respondent's right to opt out of the proceeding.

(B) A respondent who timely waives personal service under paragraph (6) and does not opt out of the proceeding shall be permitted a period of 30 days, in addition to the period otherwise permitted under the applicable procedures of the Copyright Claims Board, to submit a substantive response to the claim, including any defenses and counterclaims.

(8) A minor or an incompetent individual may only be served by complying with State law for serving a summons or like process on such an individual in an action brought in the courts of general jurisdiction of the State where service is made.

(9) Service of a claim and waiver of personal service may only be effected within the United States.

(h) Notification by Copyright Claims Board.—The Register of Copyrights shall establish regulations providing for a written notification to be sent by, or on behalf of, the Copyright Claims Board to notify the respondent of a pending proceeding against the respondent, as set forth in those regulations, which shall—

(1) include information concerning the respondent's right to opt out of the proceeding, the consequences of opting out and not opting out, and a prominent statement that, by not opting out within 60 days after the date of service under subsection (g), the respondent loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States and waives the right to a jury trial regarding the dispute; and

(2) be in addition to, and separate and apart from, the notice requirements under subsection (g).

(i) Opt-Out Procedure.—Upon being properly served with a notice and claim, a respondent who chooses to opt out of the proceeding shall have a period of 60 days, beginning on the date of service, in which to provide written notice of such choice to the Copyright Claims Board, in accordance with regulations established by the Register of Copyrights. If proof of service has been filed by the claimant and the respondent does not submit an opt-out notice to the Copyright Claims Board within that 60-day period, the proceeding shall be deemed an active proceeding and the respondent shall be bound by the determination in the proceeding to the extent provided under section 1507(a). If the respondent opts out of the proceeding during that 60-day period, the proceeding shall be dismissed without prejudice, except that, in exceptional circumstances and upon written notice to the claimant, the Copyright Claims Board may extend that 60-day period in the interests of justice.

(j) Service of Other Documents.—Documents submitted or relied upon in a proceeding, other than the notice and claim, shall be served in accordance with regulations established by the Register of Copyrights.

(k) Scheduling.—Upon confirmation that a proceeding has become an active proceeding, the Copyright Claims Board shall issue a schedule for the future conduct of the proceeding. The schedule shall not specify a time that a claimant or counterclaimant is required make an election of damages that is inconsistent with section 1504(e). A schedule issued by the Copyright Claims Board may be amended by the Copyright Claims Board in the interests of justice.

(l) Conferences.—One or more Copyright Claims Officers may hold a conference to address case management or discovery issues in a proceeding, which shall be noted upon the record of the proceeding and may be recorded or transcribed.

(m) Party Submissions.—A proceeding of the Copyright Claims Board may not include any formal motion practice, except that, subject to applicable regulations and procedures of the Copyright Claims Board—

(1) the parties to the proceeding may make requests to the Copyright Claims Board to address case management and discovery matters, and submit responses thereto; and

(2) the Copyright Claims Board may request or permit parties to make submissions addressing relevant questions of fact or law, or other matters, including matters raised sua sponte by the Copyright Claims Officers, and offer responses thereto.

(n) Discovery.—Discovery in a proceeding shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission, as provided in regulations established by the Register of Copyrights, except that—

(1) upon the request of a party, and for good cause shown, the Copyright Claims Board may approve additional relevant discovery, on a limited basis, in particular matters, and may request specific information and documents from participants in the proceeding and voluntary submissions from nonparticipants, consistent with the interests of justice;

(2) upon the request of a party, and for good cause shown, the Copyright Claims Board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information; and

(3) after providing notice and an opportunity to respond, and upon good cause shown, the Copyright Claims Board may apply an adverse inference with respect to disputed facts against a party who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts.

(o) Evidence.—The Copyright Claims Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence:

(1) Documentary and other nontestimonial evidence that is relevant to the claims, counterclaims, or defenses in the proceeding.

(2) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with subsection (p), limited to statements of the parties and nonexpert witnesses, that is relevant to the claims, counterclaims, and defenses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Copyright Claims Board for good cause shown.

(p) Hearings.—The Copyright Claims Board may conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following:

(1) Any such hearing shall be attended by not fewer than 2 of the Copyright Claims Officers.

(2) The hearing shall be noted upon the record of the proceeding and, subject to paragraph (3), may be recorded or transcribed as deemed necessary by the Copyright Claims Board.

(3) A recording or transcript of the hearing shall be made available to any Copyright Claims Officer who is not in attendance.

(q) Voluntary Dismissal.—

(1) By claimant.—Upon the written request of a claimant that is received before a respondent files a response to the claim in a proceeding, the Copyright Claims Board shall dismiss the proceeding, or a claim or respondent, as requested, without prejudice.

(2) By counterclaimant.—Upon written request of a counterclaimant that is received before a claimant files a response to the counterclaim, the Copyright Claims Board shall dismiss the counterclaim, such dismissal to be without prejudice.

(3) Class actions.—Any party in an active proceeding before the Copyright Claims Board who receives notice of a pending or putative class action, arising out of the same transaction or occurrence, in which that party is a class member may request in writing dismissal of the proceeding before the Board. Upon notice to all claimants and counterclaimants, the Copyright Claims Board shall dismiss the proceeding without prejudice.

(r) Settlement.—

(1) In general.—At any time in an active proceeding, some or all of the parties may—

(A) jointly request a conference with a Copyright Claims Officer for the purpose of facilitating settlement discussions; or

(B) submit to the Copyright Claims Board an agreement providing for settlement and dismissal of some or all of the claims and counterclaims in the proceeding.

(2) Additional request.—A submission under paragraph (1)(B) may include a request that the Copyright Claims Board adopt some or all of the terms of the parties' settlement in a final determination in the proceeding.

(s) Factual Findings.—Subject to subsection (n)(3), the Copyright Claims Board shall make factual findings based upon a preponderance of the evidence.

(t) Determinations.—

(1) Nature and contents.—A determination rendered by the Copyright Claims Board in a proceeding shall—

(A) be reached by a majority of the Copyright Claims Board;

(B) be in writing, and include an explanation of the factual and legal basis of the determination;

(C) set forth any terms by which a respondent or counterclaim respondent has agreed to cease infringing activity under section 1504(e)(2);

(D) to the extent requested under subsection (r)(2), set forth the terms of any settlement agreed to under subsection (r)(1); and

(E) include a clear statement of all damages and other relief awarded, including under subparagraphs (C) and (D).

(2) Dissent.—A Copyright Claims Officer who dissents from a decision contained in a determination under paragraph (1) may append a statement setting forth the grounds for that dissent.

(3) Publication.—Each final determination of the Copyright Claims Board shall be made available on a publicly accessible website. The Register shall establish regulations with respect to the publication of other records and information relating to such determinations, including the redaction of records to protect confidential information that is the subject of a protective order under subsection (n)(2).

(4) Freedom of information act.—All information relating to proceedings of the Copyright Claims Board under this chapter is exempt from disclosure to the public under section 552(b)(3) of title 5, except for determinations, records, and information published under paragraph (3).

(u) Respondent's Default.—If a proceeding has been deemed an active proceeding but the respondent has failed to appear or has ceased participating in the proceeding, as demonstrated by the respondent's failure, without justifiable cause, to meet 1 or more deadlines or requirements set forth in the schedule adopted by the Copyright Claims Board under subsection (k), the Copyright Claims Board may enter a default determination, including the dismissal of any counterclaim asserted by the respondent, as follows and in accordance with such other requirements as the Register of Copyrights may establish by regulation:

(1) The Copyright Claims Board shall require the claimant to submit relevant evidence and other information in support of the claimant's claim and any asserted damages and, upon review of such evidence and any other requested submissions from the claimant, shall determine whether the materials so submitted are sufficient to support a finding in favor of the claimant under applicable law and, if so, the appropriate relief and damages, if any, to be awarded.

(2) If the Copyright Claims Board makes an affirmative determination under paragraph (1), the Copyright Claims Board shall prepare a proposed default determination, and shall provide written notice to the respondent at all addresses, including email addresses, reflected in the records of the proceeding before the Copyright Claims Board, of the pendency of a default determination by the Copyright Claims Board and of the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide that the respondent has a period of 30 days, beginning on the date of the notice, to submit any evidence or other information in opposition to the proposed default determination.

(3) If the respondent responds to the notice provided under paragraph (2) within the 30-day period provided in such paragraph, the Copyright Claims Board shall consider the respondent's submissions and, after allowing the other parties to address such submissions, maintain, or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination.

(4) If the respondent fails to respond to the notice provided under paragraph (2), the Copyright Claims Board shall proceed to issue the default determination as a final determination. Thereafter, the respondent may only challenge such determination to the extent permitted under section 1508(c), except that, before any additional proceedings are initiated under section 1508, the Copyright Claims Board may, in the interests of justice, vacate the default determination.

(v) Claimant's Failure To Proceed.—

(1) Failure to complete service.—If a claimant fails to complete service on a respondent within the 90-day period required under subsection (g), the Copyright Claims Board shall dismiss that respondent from the proceeding without prejudice. If a claimant fails to complete service on all respondents within that 90-day period, the Copyright Claims Board shall dismiss the proceeding without prejudice.

(2) Failure to prosecute.—If a claimant fails to proceed in an active proceeding, as demonstrated by the claimant's failure, without justifiable cause, to meet 1 or more deadlines or requirements set forth in the schedule adopted by the Copyright Claims Board under subsection (k), the Copyright Claims Board may, upon providing written notice to the claimant and a period of 30 days, beginning on the date of the notice, to respond to the notice, and after considering any such response, issue a determination dismissing the claimant's claims, which shall include an award of attorneys' fees and costs, if appropriate, under subsection (y)(2). Thereafter, the claimant may only challenge such determination to the extent permitted under section 1508(c), except that, before any additional proceedings are initiated under section 1508, the Copyright Claims Board may, in the interests of justice, vacate the determination of dismissal.

(w) Request for Reconsideration.—A party may, not later than 30 days after the date on which the Copyright Claims Board issues a final determination in a proceeding under this chapter, submit a written request for reconsideration of, or an amendment to, such determination if the party identifies a clear error of law or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request, the Copyright Claims Board shall either deny the request or issue an amended final determination.

(x) Review by Register.—If the Copyright Claims Board denies a party a request for reconsideration of a final determination under subsection (w), that party may, not later than 30 days after the date of such denial, request review of the final determination by the Register of Copyrights in accordance with regulations established by the Register. Such request shall be accompanied by a reasonable filing fee, as provided in such regulations. The review by the Register shall be limited to consideration of whether the Copyright Claims Board abused its discretion in denying reconsideration of the determination. After providing the other parties an opportunity to address the request, the Register shall either deny the request for review, or remand the proceeding to the Copyright Claims Board for reconsideration of issues specified in the remand and for issuance of an amended final determination. Such amended final determination shall not be subject to further consideration or review, other than under section 1508(c).

(y) Conduct of Parties and Attorneys.—

(1) Certification.—The Register of Copyrights shall establish regulations requiring certification of the accuracy and truthfulness of statements made by participants in proceedings before the Copyright Claims Board.

(2) Bad faith conduct.—Notwithstanding any other provision of law, in any proceeding in which a determination is rendered and it is established that a party pursued a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact, then, unless inconsistent with the interests of justice, the Copyright Claims Board shall in such determination award reasonable costs and attorneys' fees to any adversely affected party of in an amount of not more than $5,000, except that—

(A) if an adversely affected party appeared pro se in the proceeding, the award to that party shall be for costs only, in an amount of not more than $2,500; and

(B) in extraordinary circumstances, such as where a party has demonstrated a pattern or practice of bad faith conduct as described in this paragraph, the Copyright Claims Board may, in the interests of justice, award costs and attorneys' fees in excess of the limitations under this paragraph.

(3) Additional penalty.—If the Board finds that on more than 1 occasion within a 12-month period a party pursued a claim, counterclaim, or defense before the Copyright Claims Board for a harassing or other improper purpose, or without a reasonable basis in law or fact, that party shall be barred from initiating a claim before the Copyright Claims Board under this chapter for a period of 12 months beginning on the date on which the Board makes such a finding. Any proceeding commenced by that party that is still pending before the Board when such a finding is made shall be dismissed without prejudice, except that if a proceeding has been deemed active under subsection (i), the proceeding shall be dismissed under this paragraph only if the respondent provides written consent thereto.

(z) Regulations for Smaller Claims.—The Register of Copyrights shall establish regulations to provide for the consideration and determination, by not fewer than 1 Copyright Claims Officer, of any claim under this chapter in which total damages sought do not exceed $5,000 (exclusive of attorneys' fees and costs). A determination issued under this subsection shall have the same effect as a determination issued by the entire Copyright Claims Board.

(aa) Opt-out for Libraries and Archives.—

(1) In general.—The Register of Copyrights shall establish regulations allowing for a library or archives that does not wish to participate in proceedings before the Copyright Claims Board to preemptively opt out of such proceedings.

(2) Procedures.—The regulations established under paragraph (1) shall—

(A) set forth procedures for preemptively opting out of proceedings before the Copyright Claims Board; and

(B) require that the Copyright Office compile and maintain a publicly available list of the libraries and archives that have successfully opted out of proceedings in accordance with the procedures described in subparagraph (A).

(3) No fee or renewal required.—The Register of Copyrights may not—

(A) charge a library or archives a fee to preemptively opt out of proceedings under this subsection; or

(B) require a library or archives to renew a decision to preemptively opt out of proceedings under this subsection.

(4) Definitions.—For purposes of this subsection, the terms "library" and "archives" mean any library or archives, respectively, that qualifies for the limitations on exclusive rights under section 108.

(Added Pub. L. 116–260, div. Q, title II, §212(b), Dec. 27, 2020, 134 Stat. 2185.)
17 U.S.C. § 1505 (2024) — Title 17: COPYRIGHTS / Chapter 15: COPYRIGHT SMALL CLAIMS / Section 1505: Registration requirement
Registration requirement
Status: in_force

(a) Application or Certificate.—A claim or counterclaim alleging infringement of an exclusive right in a copyrighted work may not be asserted before the Copyright Claims Board unless—

(1) the legal or beneficial owner of the copyright has first delivered a completed application, a deposit, and the required fee for registration of the copyright to the Copyright Office; and

(2) a registration certificate has either been issued or has not been refused.

(b) Certificate of Registration.—Notwithstanding any other provision of law, a claimant or counterclaimant in a proceeding before the Copyright Claims Board shall be eligible to recover actual damages and profits or statutory damages under this chapter for infringement of a work if the requirements of subsection (a) have been met, except that—

(1) the Copyright Claims Board may not render a determination in the proceeding until—

(A) a registration certificate with respect to the work has been issued by the Copyright Office, submitted to the Copyright Claims Board, and made available to the other parties to the proceeding; and

(B) the other parties to the proceeding have been provided an opportunity to address the registration certificate;

(2) if the proceeding may not proceed further because a registration certificate for the work is pending, the proceeding shall be held in abeyance pending submission of the certificate to the Copyright Claims Board, except that, if the proceeding is held in abeyance for more than 1 year, the Copyright Claims Board may, upon providing written notice to the parties to the proceeding, and 30 days to the parties to respond to the notice, dismiss the proceeding without prejudice; and

(3) if the Copyright Claims Board receives notice that registration with respect to the work has been refused, the proceeding shall be dismissed without prejudice.

(c) Presumption.—In a case in which a registration certificate shows that registration with respect to a work was issued not later than 5 years after the date of the first publication of the work, the presumption under section 410(c) shall apply in a proceeding before the Copyright Claims Board, in addition to relevant principles of law under this title.

(d) Regulations.—In order to ensure that actions before the Copyright Claims Board proceed in a timely manner, the Register of Copyrights shall establish regulations allowing the Copyright Office to make a decision, on an expedited basis, to issue or deny copyright registration for an unregistered work that is at issue before the Board.

(Added Pub. L. 116–260, div. Q, title II, §212(b), Dec. 27, 2020, 134 Stat. 2184.)