19 1 Federal Communications Commission or any other governmental 2 agency or instrumentality shall not issue or enforce any order, notice, 3 rule, or regulation requiring a cable system to obtain authority of the 4 copyright owner as a condition for making any secondary transmis5 sion, or prohibiting a cable system from making secondary trans6 missions within an area where such secondary transmissions are permissible under the compulsory licensing provisions of subsection (c). 8 However, nothing in this section shall be construed to preempt the 9 authority of the Federal Communications Commission, with respect to a cable system whose reference point is within a United States television market 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (A) to prevent the cable system from further transmitting a primary transmission made by a television broadcast station, whose local service area is outside the market, on the same day that another station licensed by the Commission, whose local service area is within the market, transmits the same transmission program; (B) to compel the cable system to make secondary transmissions of primary transmissions by television broadcast stations licensed by the Commission, whose local service area is within the market; and (C) to regulate the operations of a cable system otherwise than as provided by this section. (2) Notwithstanding the provisions of clause (1), the Federal Communications Commission shall have the responsibility to establish various criteria and definitions as provided by subsection (f), and shall have the authority in the public interest, and in accordance with re28 quirements that the Commission shall prescribe by regulation, to do the following: 27 29 30 31 32 33 34 35 36 37 38 39 (A) to permit a cable system to substitute, for the signal of the station specified in the compulsory licensing provisions of paragraph (ii) of subsection (c) (2) (A), a more distant signal; (B) to increase the number of signals of stations specified in the compulsory licensing provisions of clause (3) of subsection (c) as comprising adequate television service for a United States television market; and (C) to permit a cable system that is required to delete a signal under the provisions of clause (4) of subsection (c), to substitute the signal of another station of the same kind and within the 1 2 3 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 23 25 20 quantitative limits specified by the compulsory licensing provisions of clause (3) of subsection (c). (f) DEFINITIONS. (1) As used in this section, the following terms and their variant forms mean the following: (A) A "primary transmission" is a transmission made to the public by the transmitting facility whose signals are being received and further transmitted by the secondary transmission service, regardless of where or when the performance or display was first transmitted. (B) A "secondary transmission" is the further transmitting of a primary transmission simultaneously with the primary transmission. (C) A "cable system" is a facility operated for purposes of commercial advantage that receives signals transmitted by one or more television broadcast stations licensed by the Federal Communications Commission and simultaneously makes secondary transmissions of such signals by wires, cables, or other communications channels to subscribing members of the public who pay for such service. (2) As used in this section, the following terms and their variant forms have the meanings given to them in definitions that the Federal Communications Commission shall publish in the Federal Register 24 during July, 1974, and annually in July thereafter. Said definitions shall have binding effect upon the 1st day of January of the year fol26 lowing their publication; they shall be based upon the general criteria 27 provided by this clause, and upon specific criteria adopted by the Com28 mission in the public interest and in the light of changing industry 29 practices and communications technology. Annual publication of the 30 definitions shall be accompanied by publication of lists specifying the 31 reference points for all cable systems in the United States, the numerical rank of all United States television markets, and all network stations, independent commercial stations, and noncommercial educa34 tional stations, together with maps showing the specific geographical location of all said reference points, the area encompassed by all said 36 United States television markets, and the local service areas of all said 37 stations. 32 33 35 38 (A) The "reference point" of a cable system is the longitude and latitude, expressed in degrees, minutes, and seconds, of a point repre40 senting the effective center of operations of a cable system, taking into 39 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 made under this section is not subject to protection as a derivative work under this title except with the express consent of the owners of copyright in the pre-existing works employed in the program. § 113. Scope of exclusive rights in pictorial, graphic, and sculptural works (a) Subject to the provisions of clauses (1) and (2) of this subsection, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise. (1) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1974, as held applicable and construed by a court in an action brought under this title. (2) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports. (b) When a pictorial, graphic, or sculptural work in which copyright subsists under this title is utilized in an original ornamental 27 design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under the provisions of title III of this Act. 29 31 32 33 34 30 (c) Protection under this title of a work in which copyright subsists shall terminate with respect to its utilization in useful articles whenever the copyright proprietor has obtained registration of an ornamental design of a useful article embodying said work under the provisions of title III of this Act. Unless and until the copyright 35 proprietor has obtained such registration, the copyright pictorial, graphic, or sculptural work shall continue in all respects to be covered by and subject to the protection afforded by the copyright subsisting under this title. Nothing in this section shall be deemed to create any additional rights or protection under this title. 36 37 38 39 40 (d) Nothing in this section shall affect any right or remedy held 24 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 19 by any person under this title in a work in which copyright was subsisting on the effective date of title III of this Act, or with respect to any utilization of a copyrighted work other than in the design of a useful article. § 114. Scope of exclusive rights in sound recordings (a) LIMITATIONS ON EXCLUSIVE RIGHTS.-The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (3), and (4) of section 106. The exclusive rights of the owner of copyright in a sound recording to reproduce and perform it are limited to the rights to duplicate the sound recording in the form of phonorecords or copies of audiovisual works that directly or indirectly recapture the actual sounds fixed in the recording, and to perform those actual sounds. These rights do not extend to the making or duplication of another sound recording that is an independent fixation of other sounds, or to the performance of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. 18 (b) PERFORMANCE RIGHTS DISTINCT.-The exclusive right to perform publicly, by means of a phonorecord, a copyrighted literary, musical, or dramatic work, and the exclusive right to perform publicly a copyrighted sound recording, are separate and independent rights under this title. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (c) COMPULSORY LICENSE FOR PUBLIC PERFORMANCE OF SOUND RECORDINGS. (1) Subject to the provisions of sections 111 and 116, the public performance of a sound recording is subject to compulsory licensing under the conditions specified by this subsection, if phonorecords of it have been distributed to the public under the authority of the copyright owner. (2) Any person who wishes to obtain a complsory license under this subsection shall fulfill the following requirements: (A) He shall at least one month before the public performance and thereafter at intervals and in accordance with requirements that the Register of Copyrights shall prescribe by regulation, record in the Copyright Office a notice stating his identity and address and declaring his intention to obtain a compulsory license under this subsection; (B) Deposit with the Register of Copyrights, at annual intervals in accordance with requirements that the Register of Copyrights shall prescribe by regulation, a statement of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 made under this section is not subject to protection as a derivative work under this title except with the express consent of the owners of copyright in the pre-existing works employed in the program. § 113. Scope of exclusive rights in pictorial, graphic, and sculptural works (a) Subject to the provisions of clauses (1) and (2) of this subsection, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise. (1) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1974, as held applicable and construed by a court in an action brought under this title. (2) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports. (b) When a pictorial, graphic, or sculptural work in which copy26 right subsists under this title is utilized in an original ornamental design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under the provisions of title III of this Act. 28 29 30 31 32 33 (c) Protection under this title of a work in which copyright subsists shall terminate with respect to its utilization in useful articles whenever the copyright proprietor has obtained registration of an ornamental design of a useful article embodying said work under the 34 provisions of title III of this Act. Unless and until the copyright 35 proprietor has obtained such registration, the copyright pictorial, graphic, or sculptural work shall continue in all respects to be covered by and subject to the protection afforded by the copyright subsisting under this title. Nothing in this section shall be deemed to create any additional rights or protection under this title. 36 37 38 39 40 (d) Nothing in this section shall affect any right or remedy held |