advertising, leased channels, and cable-casting

for which a per-program or per-channel charge

is made and by subscribers"

4.

AMENDMENT TO H.R.2223

Although the initial fee schedule is clearly imposed only on revenues from recurring charges for the basic cable service, portions of Section 111 and Chapter 8 raise the spectre of copyright fees also being based in the future on revenues from other sources. This is clearly improper since copyright is and will be paid for product used in such other services as local program origination, leased channel operations and pay cable. In the event periodic review of CATV fees remains in the bill, this amendment will eliminate the above possibility.

On page 59, beginning on line 2, strike out "or the revenue basis in respect to section 111."

On page 59, beginning on line 6, strike out "or the revenue basis on which the royalty fee shall be

assessed or both."

AMENDMENT TO H.R. 2223

5. Chapter 5 of H.R.2223 contains the remedies for

infringement. One special provision gives broadcasters the right to file copyright infringement suits. This would appear to cover such things as accidental carriage of programs which should have been blacked out by the cable system under the non-duplication or syndicated exclusivity rules. In addition to the nuisance value of these suits, the statutory damages and attorney's fees could cause substantial expense. Violations of the FCC's rules should be brought to the agency, not to the courts by a broadcaster. Thus, the amendment deletes the broadcaster's right to sue the cable operator. The true

copyright owner's right to sue for infringerent remains intact.

On page 47 strike out line 18 and all that

follows down through line 25.

6.

AMENDMENT TO H.R.2223

Governmental and non-profit translators are

exempt from copyright under section 111 (a) (4) of H.R.2223.

This amendment would delete that section.

On page 14, line 18, strike out ";or" and insert

a period in lieu thereof.

On page 14, strike out line 19 and all that

follows down through line 25.

AMENDMENT TO H.R.2223

7. There is some language in Section 111 which leaves the cable operator's liability for copyright on leased channels somewhat ambiguous. It seems clear that a cable operator is like a common carrier in those situations and therefore only the lessee should bear copyright liability. This amen tent clarifies a CATV operator's liability for copyright on leased channels.

On page 14, beginning on line 8, strike out "a common, contract, or special" and insert in lieu thereof "any".