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OMNIBUS COPYRIGHT REVISIO::CG
5: ": is that the Honorable Jonn Glenn and Honorable Rob
52:5 ari Honorable Wayne L. Hays, our Congressman, do •. *, .with a thear power to defeat Senate Bill s.1361.
WHEREAS, the macer of liê lity of cable we'vasica non and, through the cable subscribers to pay Copyr.ght royale television signals carried on cable television is now bu! Congress of the United States in the Oanibus Copyright Di.31 Bill:
I ha: this resolution shall take effect and be in foro :> 495 alter the earliest period allowed by law,
WHEREAS, the 1974 armual meeting of the United States on of Mayors in San Diego did unanimously approve Resolution ! urging the United States Senate not to awop. irgisiation 1.0 place an extra surcharge on the viewi.igota cvision pour via a cable television system;
were of Council
WHEREAS, this resolution 1.9 ignored and 31 no effe action of ene United States Senato in tro.- er 9th. Senate Bill S.1361;
WE REAS, the United States Suprer. ze has twice carr: 1 of broadcast signals by cible meie vision is not uncerierai copyright law for which coryricist royaltas quirec o be paid; and
W..EREAS, as a matter of pure logic and economic tin F of copy:ight royaities for carriage of broadcast signa...ca ceievision is improper and can result in consurers pay. ? royalties twice;
WHEREAS, the cable television indurry, still in. should not be overburdened with required fees and char of which must be subsidized by the ultimate consumer, she television subscriber;
WrEREAS, the continuation of quality cable teie visisnog in and for the community of Bellaire, Go, is irpstart t o well-being, education, and informed sta3 of our citizens:
WHF REAS, adoption of this copyrig! legislation by the iwi Congress of i.. Siates will be e atividadeshi Wind selective ay "tax" the cable viewing residents O. didire, © .
NOW, THEREFORE, BE IT RESOLVED, by the Coun. 1 of the Bellaire, Ohio:
$1. That the Congress of the Unit.d States is urged + r from the Orun i bus Copyright Revision Biin all lange whict. require a copyright payment for carriay of broaucast sign . C Cubie television.
p bert !!Sanitura 1
1. Wayne L. Hays, (rar qon 118": n. 60 every sing within their power to defeat Senate bil 5.161.
$). That this resolutaon nali takke elles and be in furce Iron and after time earnest priud allowed by law.
"Broadcasters perform, viewers do not perform Thus, while both broad caster and viewer play crucial roles in the total television process a line is drawn between them One is treated as active performer, the other a passive beneficiary When CATV is considered in this framework, we conclude that it falls on the viewers side of the line Essentiallya CATV no more than en. hances the viewer's capacity to receive the broadcaster's signal provides a weil-located antenna with an efficient connection to the viewer's television set it is true that a CATV system plays an active role in making recepto possible in a given area, but so do ordinary television sets and antennas (Footnotes omitted )
S CO.. it provides for notice of ownership of the cable system and other inform
me Off ce of Copynght one month before the secondary transmission. Claus rayon ROS" the orice of Copynght, on a quarterly basis, in accordance with the « Assement of account specifying source of income, number of subscribers and marr pa ty based on a sliding percentage scale on gross receipts from $ubsc
y a p *o ng secondary transmission of primary broadcast transmitters. Th 13• . : Decent yn Quarterly gross receipts of up to $40,000 to 2% percent on quarto *
$950 000 Based on a $5.00 monthly rate, a 3000 subscriber system would "XI set ber system would pay $750 a quarter on $90,000 of gross receipts Pope . Report D 133) Note the rate base may be expanded to other services
*** "been paid and the rate increased. The only limit is what the three arbitra year or Association prescribe that is not set aside in Congress within 90 da
*** Bosection (d) provides procedures for the distribution of royalty fees * ** COPYchts
Section 106 lists five fundamental nights given to copynght owners - the cave ** production, adaptation, publication pertormance and display - are stated generally in the
*These exclusive rights, which comprise the so-called bundle of pants that
and enforced separately
*: ! tions or exceptions in the remaining 11 sections of the chapter Trus sec*** 3 * Sections and i t be read in conjunction with those provisions Report p 10 et seg
Bagri nappinn gefinitions of primary transmission", "secondary transmissio! , *. ma sence area of a primary transmitter".
nd secondary transmission" makes special provision for non-contiguou
om cable system is unusual in that for royalty fee purposes the com mon. *** en op 'n or more cable systems in contiguous communities under commc ?.. burbering from one headend shall be considered one system.
og moro incau service area of a primary transmitter" is the one in which a 1999 to insist on camage by the cable system under FCC rules.
Sertion 111, which was deleted from HR 2512 betore it was passed by the MC
** Draper revised by the Senate This section modifies the liability of CATV by imitations or the en nights of copyright owners in secondary transmission
This section has five subsections Subsection (a) provides that a secondary transer 15" . embodying a performance or display of a work is not an infringement of
(1) The secondary transmission is not made by a cable System out of the phir # * **
antenna system located in the local service area of a broadcast statute tee **
FCC for which ne direct charge is made (2) The secondary transmission is solely for purposes described n cause 1?!S*
(Systematic instructional activities related to teaching content of the ***11 mm traisted for recepti in classrooms to persons disabled from att
reception by government employees in the course of ottival duties 13) The secondary transmission is by a cartier that has no contri Ovet sub **
cereris illereol arid which only provides wite o cale for use of pers
which makes no charge except to detray actual expenses This en
c lee . Sy (Report id. p 131,
COPYRIGHT INFRINGEMENT AND REMEDIES
3es that he legai or beneficial owner may institute an action for ints
license to transmit or perform that work shall, for purposes of instituting an
beneficul owner, if such secondary transmission occurs within the local se New station the count may require notice to all persons having an interest in the
the Orice of Copyright,
A sors enthought ar atringer is liable for actual damages and profits or, at the e
...am a y be increased to $50.000 by the Court or if the infringer show * ** is were an infringement, the Court may reduce the statutory do
Sop 5 severe criminal penalties for willful infringement, ranging from * *
10 $50 000 fine and seven years imprisonment.
Subserum !c provides in riause it in compulsory licensing senny Tan primary transmis Dy an FCC licetsed traiast tác loty upon ("
e wif the
dary trans55 mis permis turger FCC me where the * ger !
the al service area as str y the frc of the Y. ***** - Tapete Cartaje o. Sigras ng the ser "
A y ang pis permanent, 1 (
of subsectronic provides that withstanding the compet kere ta D a t e urier S! 51 and was an intent
". # raire serorary
1 9%! 19 not permeure EC nas note ed a no! Kew in the ()** C y? CR as spem edin . *** ** converts the Copyright law into an entorcement taw tor FCC rules by which broadcaster ouvido tenually harass cable operators with venatious litigation on any pretext of carriage of signals serpe mitted by the FCC rules it is suited at this is not a proper function of
COPYRIGHT ROYALTY TRIBUNAL ** * * el trary of Cergress a Copyright Royalty Tribunal The DOS OM **
$ to make determinations concerning the adjustment tomy Secony 1110 5 G assure that the rates are reasonable. If the Tribun
tronage of the revenue basis in respect to Section 111 does n
o s otherwise unreasonable, the Tribunal may change the royalty ra
Pe erate base on which they will be calculated is fixed, but may be
toovat o minions. to transmit or perform that work shi tos purposes of .nghiluting an tson to treated as legat o beneficial owner it such secondary transmis
s ion the 10x = serve a that tolumon station
Section 802 requires the Register of Copyrights to give notice on July 1, 1975 of Doceed review royally rates prescribed by Sections 111, 114 and 115 During the year 1982 and every $ tub thereafter, petitions for adjustment of the rates may be lied.
Section 803 If the Register of Copyrights determines that there is a controversy op 14** fees or Oives notice of significant interest of a petition under Section 80 Arbitration Association to submit three names to which otections can be filed it ne ut et "sar it will constitute a panel of the Inbunal to function as the Trbunal 11 ob.ections to *
* founded, additional narres shall be requested and the Tribunal then const'uleu Theres acceai to the Courts Three arbitrators unskilled in this area will effectuary contiu rates a
Section 806 provides for a report of a Tribunal decision to the Senate and House * * penvides that if ether House resolution within 90 days does not avor the des i effective. If no resolution of disapproval is passed, the Tobunal decision sha. Dec. Te ****
Section 809 does not provide for any judicial review of the Inbunals decisions and sym
****** Seregno et ch the copyright owner has been paid, has no bearing on whet
At presen! !!me a sponsor who buys a program usually pays the
** chact recognized in the Sixth Report and Order, however, that
"A ma nity antpana television system within the Grade B contour
and me **** Dy assuring the sponsor that anyone who desires the 15 Bc. Ceariy, and thus increase the potential audience. Cerwant h e rs are not sat stied with this. They collect from the
** *Corps his cost from the public and they would like to collect
does not seem night to me for the public to have to pay
***** * treating to the question of "profits". Although early figure
O , SC were not publishedIt is significant that the television in
** by the FCC, to have had revenues of $323,266,000 and en • " 30"Pepeec that 604 VHF and UHF stations expended 218. linn 583:Carse cos fora !otal of $283.015,000. The three networks
In brief Section 106 makes cable television systems when perinne 29 gen
. tuity lable as an intringer when distributing copyrignted prorams on sora s here ! * " stations Exceptions from labousy are provided for master antenna teanno*"* " '. cmrcm and her carriers and nonprofit Co-ops CATV is given a compu: sofy acerse
t r a and other sigrals authorized by the FCC
Nevertheless, it is an intningement it carriage of a signalig ny permise ja i arque *** s not filed with the 01.ce of Copyright Tspori Ana**..
." C copyright protection and penalties both civil criminal and injunctive to the broadcaster CAT accident or otherwise fails to nonduplicate a network or syndicated signal winny ** *** S a not permitted by the FCC tuies. In adj!on (ver Petra!!
by Tv $ ! urless creared by the owner of the copynght QUERY May the beaucasier capgam- * nut - he can only Sue
A sliding scale of across the board toes is prescribed on baar ser * with the otice of Copyright quarteriy A near.ag wil bene the rates to be paid to insure a reasonable rcvaty feew atever Ira N.*** int, the suiective dea of the three arta', r$ rrevailumesssass" ** ct Congress There is no Court appeal to test whether the recru 18 heas
St !1 civil and chimnai peralties are provided for intrincesserts Br a stes treated as a benetical owner within their local service area tor purposes et ing: tunc ara. 11. Derent A
t Ayarly Tutur !, *** pe Pamplon! the Tituna' re : **** * Arsip S y a 's ******
!!1!! ! Quintet *
******* *994 to ah ! and every five years prie ite>$wie i nie easti, e tuya'y fee MI - THE PUBLIC SHOULD NOT PAY A COPYRIGHT FEE VIA CATV
P ear inatore Register (* C Dynnismaken m.swn, erase "CA :$ *** hea!! A s ts sorters
a akes a protit ajta wear **
o nsen bgrams obtained from others; $3.128.000 torre
** *"0Our chied fare on television, have made huge
Metastaser 'programs dedicated to serve that same o
**** schon ote duplicate copyright tees from the public
demonstrare conclusively that the copyright owner giants (1) by vis
Government 'o transport their product to the pub
the pied !,!crec soutie fees from a reception service for
you to use the p ic domain for what are obviously huge or 3. Bayc ar programs it siphons from broadcast television van heine cast tre troadcasters would have the copyright owner
mat be**een comunications policy and any copyright law in w
CV on any signal it is authonzed to receive and dist *** Cos Castrop $such
c ine communications Act to empower the Commission to rec ** * $Son tegu les as a condition of receiving and carriage # A
m s : carry all roca sicrals. The definition of local *n* were the sistem s located. Nevertheless, the Commission ** cercan a s and permits the carriage of others. Such regu N e la sem se to make the Commission S allocations of tregu
sed on med CATV Systems must comply with those carrie
by ass.sting the TV station for vers Do