$2. Urges that the Honorable John Glenn and Honorable Robert Taft, Senators and Honorable Wayne L. Hays, our Congressman, do everything within their power to defeat Senate Bill S.1361. $3. That this resolution shall take effect and be in force from and after the earliest period allowed by law. "Broadcasters perform, viewers do not perform. Thus while both broad Section 106 lists five fundamental rights given to copyright owners - the ex production, adaptation, publication performance and display - are stated genera ly in this sex' y" "These exclusive rights, which comprise the so-called bunde of "ghts that is a copyright. are cumulative and may overlap in some cases Each of the five enumerated rights may be subdivided indefinitely and, may be owned and enforced separately ་་ག་་་ However, the bill, after setting up these exclusive rights provides var tions, or exceptions in the remaining 11 sections of the chapter Thus section sections and m't be read in conjunction with those provisions (Report, p 1 et seq. Section 111 which was deleted from H R 2512 before it was passed by the Hruse in cas been revised by the Senate This section modifies the liability of CATV by imitations on the ex. us of rights of copyright owners in secondary transmission This section has five subsections Subsection (a) provides that a secondary transmission embodying a performance or display of a work is not an infringement if (1) The secondary transmission is not made by a cabie System but ig (2) The secondary transmission is solely for purposes described in clause (2 Subsection (C) provides in clause (1) for compulsory licensing of secondary tegnum eg Jer . converts the Copyright Law into an enforcement law for FCC rules by which broadcasters could com finually harass cable operators with vexatious litigation on any pretext of carnage of signais not per mitted by the FCC rules It is sut” fed that this is not a proper function of Copyright Law The fing from the scope of the compulsory cave this matter to the Commission and the The meaning of subsection ib is clearer if considered after c afy trà sr ss ins carried in con I 4 serv the secondary transmis on is not made for reception of public at large b. - ømhers of the public (pay Tv) The Re sutsters and t Subsection (gyrty provides for notice of ownership of the cable system a' 1 may he Poured to the Off e of Copyright one month before the se vites fid je,st in the Office of Copyright day tas on a quarterly bass in a A a statement of account specify ng sout eatin the gartery ya'y based or a sidig fer en lage scale ut gross race, is from subsenters, f es ut proving secundary tra smssor of primary braj last transmitters The s Quarterly gross receipts of up to $4 base: ra 5a X, myrthy rate the as དལ་ལ་ལང་ན་སོང་བ་བྱུང་ 2pm N to the rate base may be ex, a *v* *** may a 'pa1y twe Latar the rate in [rease) Th the American Arbitration Association prescribe that is not set aside in Cuess w Jays Case 1 of subse "id; provides procedures for the distribution of toya ty fees deg« s ted with the Rey star of Copy: U''S S. Petrum eruntang Setinting of primary transmm 55 A The set. cat e system is unus.a ***= Of operating from one "éà teo d s' a the tentent Ta service area ta prm any tra brasas s'a' „ is entified to insist on catt Copyright or other license to transmit or perform that work shall for purposes of nstituting an action be treated as a legal or beneficial owner if such secondary transmiss un occurs within the juca service area of that television station Section 802 requires the Register of Copyrights to give notice on July 1, 1975 of proceed? IȘT review royalty rates prescribed by Sections 111, 114 and 115 During the year 1982 and every *** as thereafter, petitions for adjustment of the rates may be filed Section 803 If the Register of Copyrights determines that there is a controversy on tambor fees or gives notice of significant interest of a petition under Section 802, he shall request the Ame a Arbitration Association to submit three names to which objections can be filed. If no ubiect it will constitute a panel of the Tribunal to function as the Tribunal If objections to mambert að un founded additional names shall be requested and the Tribunal then constituted. There snipras appeal to the Courts Three arbitrators unskilled in this area will effectually contro rates and he an base Section 806 provides for a report of a Tribunal decision to the Senate and House and Sent provides that if either House resolution, within 90 days, does not favor the der sich abatan effective If no resolution of disapproval is passed the Tribunal decision sha: become effectar Section 809 does not provide for any judicial review of the Tribunals decisions ne royal i SUMMARY In brief Section 106 makes cable television systems when performing as a r fully liable as an infringer when distributing copyrighted programs on sigra s rece vect team to ass stations Exceptions from liability are provided for master artenna teaching or netry t common and other carriers and nonprofit co-ops CATV is g ven a compulsory cense and other signals authorized by the FCC Nevertheless it is an infringement if carriage of a signal is not permissibile yn tør k appropriate notice is not filed with the Office of Copyright. This provision is a real kvejen her kne Give copyright protection and penalties both civil, criminal and injunctive to the broadcaster if CAT D accident or otherwise fails to nonduplicate a network or syndicated signal or in any signal not permitted by the FCC rules in addition over the air carriage of pay TV unless cleared by the owner of the copyright QUERY May the broadcaster near programs – not - he can only sue A sliding scale of across-the-board fees is prescribed on basic services, wh with the Office of Copyright quarterly. A hearing will be held in 1975 to c the rates to be paid to insure a reasonable royalty tee whatever that is Na Saare, es only the sujective idea of the three arb trators will prevail unless disapprovers with Jays by of Congress There is no Court appeal to test whether the record supports the award Stiff civil and criminal penalties are provided for infringements Broadlasters h treated as a beneficial owner within their local service area for purposes of instituting an fringement AC pyright Royalty Tribunal is forment Panels of the Tribuna, are app Arttutor ely. The rates power bed in Sector 11tg it and the rate base tas wil be reviewed in 1975 and ayari in 1ähe arid every five years Thermaller to assure the reasc natuệ f、yà 1y fee THE PUBLIC SHOULD NOT PAY A COPYRIGHT FEE VIA CATV {e th¥ !auf I a、A* damage tha TelePrompTer Corp. 4 The fact that 、 ATV makes a profit by assisting the TV stat on to de ver is [A gated in serve and for which then pyr ** ·wner has been pad has no beari At the present time a sponsor who buys a program usuà y pays the ate B .' as 4 te A the 4 A |