Lapas attēli
PDF
ePub
[merged small][merged small][ocr errors]

RE:

OMNIBUS COPYRIGHT REVISIO::CG

[ocr errors]
[ocr errors]

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,

[ocr errors][ocr errors][merged small]

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;

[ocr errors]

were of Council

[blocks in formation]

WHEREAS, this resolution 1.9 ignored and 31 no effe action of ene United States Senato in tro.- er 9th. Senate Bill S.1361;

or 3

[ocr errors][merged small][merged small]

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

[ocr errors][ocr errors][subsumed]

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;

[ocr errors]

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, © .

[ocr errors]

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.

$. fr1.that
r alle Jual. Gierii W ! " O

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.

[merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors]

"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
is a copyright, are cumulative and may overlap in some cases Each of the
five enumerated rights may be subdivided indefinitety and, may be owned

and enforced separately
However the bill, after setting up these exclusive nghis, provides wä

*: ! 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

[ocr errors][ocr errors]

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.

CHAPTER 5

W

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
(4) The secondary transmission is by a Ouvernmental body or other mort.** **

which makes no charge except to detray actual expenses This en
transistors or boosters his exemplion does foot appiy to a

c lee . Sy (Report id. p 131,

[ocr errors]

COPYRIGHT INFRINGEMENT AND REMEDIES
pages that aryone who violates any of the nights provided in Section 10

3es that he legai or beneficial owner may institute an action for ints
* aquam doming the most significant provision is that for any secondary transm
en el m nabie as ar infringement of Section 111(c), a television station

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,
m t me Courts power 10 restrain infringements of copyright.

A sors enthought ar atringer is liable for actual damages and profits or, at the e
. Very C apas of $250!0 $10 000 as the Court considers just. If the inf

...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
5t wantery payment DPOV:ns of sut sem?pidi and Al the pe mary trangm $$ "

d'
d e

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

CHAPTER 8

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
De toe the basic service of providing secondary transmissions of the

o s otherwise unreasonable, the Tribunal may change the royalty ra
c htete is assessed or both to assure reasonable royalty fee. This section

Pe erate base on which they will be calculated is fixed, but may be

[merged small][merged small][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[merged small][ocr errors][ocr errors][ocr errors][merged small]
[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small]

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

may
.. . a

:
. :

*

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small]
[ocr errors]

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

[ocr errors]

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

SUMMARY

****** Seregno et ch the copyright owner has been paid, has no bearing on whet
Anno mus CATV Services keeps the copyright owner honest by delivering the signa
r am D CF ** ch he has been paid. In February 1965, in my remarks before
****: ' Son Society. I stated.

At presen! !!me a sponsor who buys a program usually pays the
C hcw her for one performance over one or more stations. The spon-
KYS the CCCVICHOwner, directly or indirectly, for tickets to the show
to every new indre Grade B contour of the stations televising it and as
** Yanat CC Qui as it can be received. This cost is passed on to the
la ceremoni Minthe purchase pnce of the product.

** chact recognized in the Sixth Report and Order, however, that
power power generan coiy go of the locations in the Gade A contour receive
ra s a 50of the time, and within the grade B contour only
*** nd the forseng receive an adequate signal 50% of the time. I will
vero *** Fongo sponsors paying for a program think they are getting a
pregnan t of the locations 100% of the time, but that just isn't so,
com o me copright owner is probably collecting for 100% of the
***IC theo me

"A ma nity antpana television system within the Grade B contour
gre, a paygr in getting his moneys worth from the copyright

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
2. * A peratce who must also pass his cost on to the public.
***

does not seem night to me for the public to have to pay
ops!. the same performance."
are c ykrowedge since that time to refute this argument.

***** * treating to the question of "profits". Although early figure
7 .
T

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

[ocr errors][ocr errors]

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

[ocr errors][ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors]

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
i uring torse tees and $75.467.000 for other performances
.** 5.*1 estrate the actual copyright fees received beca
* **** CCDyight. It is obvious, however, that because of tei

** *"0Our chied fare on television, have made huge
****hoc er retro 5C markets) from that exposure and have been

Metastaser 'programs dedicated to serve that same o
***** panies. M. Krim spoke of in 1965 and a few othes

**** schon ote duplicate copyright tees from the public
ma pork and these companies are entitled to "a piece of the action

demonstrare conclusively that the copyright owner giants (1) by vis
****

Government 'o transport their product to the pub
*** Fay JD o $1.000 a mile for their channels of commu

the pied !,!crec soutie fees from a reception service for
****** * ornate this area should certainly be required to

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

[merged small][merged small][merged small][ocr errors][ocr errors]
[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

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

[ocr errors]
[ocr errors]

by ass.sting the TV station for vers Do

[ocr errors]
« iepriekšējāTurpināt »