applicable under sections 115 and 116 shall be calculated to achieve the following objectives: (A) To maximize the availability of creative works to the public; (B) To afford the copyright owner a fair return for his creative work and the copyright user a fair income under existing economic conditions; (C) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication; (D) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices. (2) to make determinations concerning the adjustment of the copyright royalty rates in section 111 solely in accordance with the following provisions; (A) The rates established by section 111(d)(1)(B) may be adjusted to reflect (i) national monetary inflation or deflation or (ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the date of enactment of this Act: Provided, That if the average rates charged cable system subscribers for the basic service of providing secondary transmissions are changed so that the average rates exceed national monetary inflation, no change in the rates established by section 111(d)(1)(B) shall be permitted: And provided further, That no increase in the royalty fee shall be permitted based on any reduction in the average number of distant signal equivalents per subscriber. The Commission may consider all factors relating to the maintenance of such level of payments including, as an extenuating factor, whether the cable industry has been restrained by subscriber rate regulating authorities from increasing the rates for the basic service of providing secondary transmissions. (B) In the event that the rules and regulations of the Federal Communications Commission are amended at any time after April 15, 1976, to permit the carriage by cable systems of additional television broadcast signals beyond the local service area, of the primary transmitters of such signals, the royalty rates established by section 111(d)(1)(B) may be adjusted to insure that the rates for the additional distant signal equivalents resulting from such carriage are reasonable in the light of the changes effected by the amendment to such rules and regulations. In determining the reasonableness of rates proposed following an amendment of Federal Communications Commission rules and regulations the Copyright Royalty Tribunal shall consider, among other factors, the economic impact on copyright owners and users: Provided, That no adjustment in royalty rates shall be made under this subclause with respect to any distant signal equivalent or fraction thereof represented by (i) carriage of any signal permitted under the rules and regulations of the Federal Communications Commission in effect on April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal, or (ii) a television broadcast signal first carried after April 15, 1976, pursuant to an individual waiver of the rules and regulations of the Federal Communications Commission, as such rules and regulations were in effect on April 15, 1976. (C) In the event of any change in the rules and regulations of the Federal Communications Commission with respect to syndicated and sports program exclusivity after April 15, 1976, the rates established by section 111(d)(1)(B) may be adjusted to assure that such rates are reasonable in light of the changes to such rules and regulations, but any such adjustment shall apply only to the affected television broadcast signals carried on those systems affected by the change. (D) The gross receipts limitations established by section 111(d)(1)(C) and (D) shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar value of the exemption provided by such section; and the royalty rate specified therein shall not be subject to adjustment; and (3) to distribute royalty fees deposited with the Register of Copyrights under sections 111, 116, and 119(b) and to determine, in cases where controversy exists, the distribution of such fees. In determining whether a return to a copyright owner under section 116 is fair, appropriate weight shall be given to "(i) the rates previously determined by the Tribunal to provide a fair return to the copyright owner, and "(ii) the rates contained in any license negotiated pursuant to section 116A of this title. (c) As soon as possible after the date of enactment of this Act, and no later than six months following such date, the President shall publish a notice announcing the initial appointments provided in section 802, and shall designate an order of seniority among the initially-appointed commissioners for purposes of section 802(b). 1307. Exceptions relating to certain advertisements and other information and to State-conducted lotteries. § 1304. Broadcasting lottery information Whoever broadcasts by means of any radio or television station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift, enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift, enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Each day's broadcasting shall constitute a separate offense.3 § 1307. Exceptions relating to certain advertisements and other information and to State-conducted lotteries 3A (a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to 3 Section 21 of Public Law 100-497, the "Indian Gaming Regulatory Act," 102 Stat. 2486, Oct. 17, 1988, contained the following provisions with respect to section 1304: DISSEMINATION OF INFORMATION SEC. 21. Consistent with the requirements of this Act, sections 1301, 1302, 1303 and 1304 of title 18, United States Code, shall not apply to any gaming conducted by an Indian tribe pursuant to this Act. SA Public Law 100-625, the "Charity Games Advertising Clarification Act of 1988," Nov. 7, 1988, amended section 1307 generally, as well as the first sentence of section 1304. These amendments will take effect on May 7, 1990. Section 1307(a) formerly read as follows: § 1307. State-conducted lotteries (a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law. (1) contained in a newspaper published in that State, or (2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery. (1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is (A) contained in a publication published in that State or in a State which conducts such a lottery; or (B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or (2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is (A) conducted by a not-for-profit organization or a governmental organization; or (B) conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. (b) The provisions of section 1301, 1302, and 1303 shall not apply to the transportation or mailing (1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or (2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that foreign country.4 (c) For the purposes of this section (1) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) "foreign country" means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possession).5 (d) For the purposes of subsection (b) of this section "lottery" means the pooling of proceeds derived from the sale of tickets or chances and alloting those proceeds or parts thereof by chance to one or more chance takers or tickets purchasers. "Lottery" does not include the placing or accepting of bets or wagers on sporting events or contests. For purposes of this section, the term a "notfor-profit organization" means any organization that would qualify as tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986. * Section 1307(b) was amended by Public Law 96-90, 93 Stat 698, Oct. 23, 1979. The subsection formerly read as follows: (b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing to addresses within a State of tickets and other material concerning a lottery conducted by that State acting under authority of State law. 5 Section 1307(c) was amended by Public Law 96-90, 93 State. 698, Oct. 23 1979. The subsection formerly read as follows: (c) For the purposes of this section "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. • Added Jan. 2, 1975, 88 Stat. 916. Sec. CHAPTER 63-MAIL FRAUD (§§ 1341-1343) 1343. Fraud by wire, radio, or television. § 1343. Fraud by wire, radio, or television 7 Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000 or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. "§ 1367. Interference with the operation of a satellite 7a (a) Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both. (b) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or of an intelligence agency of the United States." CHAPTER 71-OBSCENITY Sec. (§§ 1461-1468) 1464. Broadcast obscene language. 1468. Distributing obscene material by cable or subscription television § 1464. Broadcasting obscene language 8 Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined not more than $10,000 or imprisoned not more than two years, or both. 7 Added July 16, 1952, Ch. 879, sec. 18(a), 66 Stat. 722, and amended July 11, 1956, Ch. 561, 70 Stat. 523. 7a Added by Public Law 99-508, 100 Stat. 1872, Oct. 12, 1986. (The Electronic Communications Privacy Act). * June 25, 1948, Ch. 645, 62 Stat. 769. See also Public Law 100-459, 102 Stat. 2228, Oct. 1, 1988, for requirement that FCC promulgate regulations "in accordance with section 1464, title 18, United States Code, to enforce the provisions of such section on a 24 hour per day basis." |