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AMFWOMENT TO H.R.2223

7. There is some language in Section 111 which leaves

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the cable operator's liability for copyright on leased

channe is 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 anen trent 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".

AMENDMENT TO H.R.2223

AMENDMENT TO H.R. 2223

8. Section 111(b) covers the "secondary transmissic

9. The following amendment cleans up the language

of over-the-air pay tv programs.

2 section 111 (e) relating to the necessarily nons imultane

There is a potential of *****

between this provision and the FCC's rules regarding carts-et

*.ve of television stations by CATV systems located in

of such stations.

This amendment insures that no contatos

1.212, Hawaii and the various territories and possessions,

can occur.

on page 17, beginning on line 29, strike out "or"

On page 14, line 27, strike out "Notwithstanding

and all that follows down through line 33 and insert

the provisions of" and insert in lieu thereof "Excep

un lieu thereof ": Provided, however, That a nons imul

as provided in".

taneous further transmission by a "cable system" not

located in whole or in part within the boundary of

On page 14, line 33, before the period insert the

the forty-eight contiguous States, territories or

following:

possessions of a."

:Provided, however, that such secondary transr 158****

is not actionable as an act of infringerent is wait

carriage of the signals corprising the secondary

transmission is required under the rules, regulae.

or authorizations of the Federal Corrunication

Commission.

AMI NIMENT TO H1,R2223

9. The following amendment cleans up the language

in section 111 (e) relating to the necessarily nonsirultaneous

carriage of television stations by CATV systers located in

Alaska, llawaii and the various territories and possessions.

On page 17, beginning on line 29, strike out "or"

and all that follows down through line 33 and insert

in lieu thereof ":Provided, however, That a nons iful

taneous further transmission by a "cable system" not

located in whole or in part within the boundary of

the forty-eight contiguous States, territories or

possessions of a."

590

advertising, leased channels, and cable-casting

AMENDMENT TO H.R. 2223

for which a per-program or per-channel charge

3. Chapter 8 of H.R.2223 provides for a Copyright

is made and by subscribers"

Tribunal, which is a mechanism for periodic review of CATV'S

fees.

The first readjustment would take effect within 18

months after the Act became law, and then every five years

thereafter. This infinite arbitration provision could

result in a hefty increase in CATV's copyright fees over

the years. CATV's fee should be set in the bill and not be

subject to change except by future legislation. This arendo

ment deletes CATV fees from those that can be reviewed

periodically by the Copyright Tribunal.

On page 58, line 33, strike out "sections 111 and

insert in lieu therof "section".

On page 58, line 34, strike out "and" and all that

follows down through "fee" on page 59, line 7.

On page 59 beginning on line 13 strike out "sectio.

111 and" and insert in lieu thereof "section".

On page 59, line 17, insert "section 115 of"

immediately before "this title".

On page 16 beginning on line 9, strike out the

following:

"irrespective of source and separate state.

of the gross revenues paid to the cable system

advertising, leased channels, and cable-casting for which a per-program or per-channel charge

is made and by subscribers"

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