Lapas attēli
PDF
ePub

14

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

(c) SECONDARY TRANSMISSIONS BY CABLE SYSTEMS.

(1) Subject to the provisions of subsections (a) and (b), but notwithstanding the provisions of clauses (2) and (4) of this subsection, the secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission and embodying a performance or display of a work is subject to compulsory licensing under the conditions specified by subsection (d), in the following cases:

(A) Where the signals comprising the primary transmission are exclusively aural; or

(B) Where the reference point of the cable system is within the local service area of the primary transmitter; or

(C) Where the reference point of the cable system is outside any United States television market, as defined in accordance

with subsection (f). (2) Subject to the provisions of subsections (a), (b), and (e) and of clauses (1) and (4) of this subsection, the secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission and embodying a performance or display of a work is subject to compulsory licensing under the conditions specified by subsection (d), in the following cases:

(A) Where the reference point of the cable system is within a United States television market, as defined in accordance with subsection (f), but the signal of the primary transmitter

(i) when added to the signals of those television broadcast stations whose local service areas are within that market, and of any other television broadcast stations whose signals are being regularly and lawfully used under this section by the cable system for secondary transmissions, does not exceed the number of signals of stations specified by clause (3) as comprising adequate television service for that market; and

(ii) is the signal of a television broadcast station of the type whose lack deprives the market of adequate service in accordance with the standards specified by clause (3),

and is closer to the market than the signal of any other station of the same type, whose local service area is not within the

market; or (B) Where, notwithstanding the provisions of subclause (A),

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

[ocr errors]

1 the cable system or its predecessor in title had, before January 1, 2 1971, in accordance with the applicable rules of the Federal 3 Communications Commission, made regular secondary trans4 missions of the transmissions of the primary transmitter or its 5 predecessor in title. And provided that such regular secondary 6 transmissions shall be exempt from the requirements of clauses 7 (4)(A) and (4) (B) of subsection (c). 8 (3) For the purposes of this subsection, "adequate television serv9 ice" within a United States television market is defined according to 10 the numerical rank of the market and the number and type of those 11 operating broadcast stations licensed by the Federal Communications 12 Commission whose local service areas are within that market. Con13 Struction permits shall not be included in any computation for this 14 purpose. 15 (A) In markets 1 through 50, adequate television service com16 prises the network stations transmitting the programs of all the 17 television networks providing national transmissions, three inde18 pendent commercial stations, and one noncommercial educational 19 station. 20

(B) In markets 51 and below, adequate television service com21 prises the network stations transmitting the programs of all the 22 television networks providing national transmissions, two inde23 pendent commercial stations, and one noncommercial educational 24 station.

(4) Subject to the provisions of subsections (a) and (b) and of 26 clause (1) of this subsection, but notwithstanding the provisions of 27 clause (2) of this subsection, the secondary transmission to the public 28 by a cable system of a primary transmission made by a broadcast 29 station licensed by the Federal Communications Commission and 30 embodying a performance or display of a work is actionable as an 31 act of infringement under section 501, and is fully subject to tho 32 remedies provided by sections 502 through 506, in the following 33 34

(A) Where the cable system, at least one month before the 35 date of the secondary transmission, has not recorded the notice 36 specified by subsection (d); or 37 (B) Where the reference point of the cable system falls within 38 a circle defined by a radius of thirty-five air miles, or within a 39 radius as subsequently determined by the Federal Communica40 tions Commission, after notice and public hearings, from the cen

25

cases:

6

1

(2) a work specially ordered or commissioned for use as 2

a contribution to a collective work, as a part of a motion pic3

ture or other audiovisual work, as a translation, as a supple4

mentary work, as a compilation, as an instructional text, as 5

a test, as answer material for a test, as a photographic or 6

other portrait of one or more persons, or as an atlas, if the 7

parties expressly agree in a written instrument signed by 8

them that the work shall be considered a work made for hire. 9

A "supplementary work” is a work prepared for publication 10

as a secondary adjunct to a work by another author for the 11

purpose of introducing, concluding, illustrating, explaining, 12

revising, commenting upon, or assisting in the use of the other 13

work, such as forewords, afterwords, pictorial illustrations, 14

maps, charts, tables, editorial notes, musical arrangements, 15

answer material for tests, bibliographies, appendixes, and 16

indexes. An “instructional text” is a literary, pictorial, or 17

graphic work prepared for publication with the purpose of 18

use in systematic instructional activities. 19 $102. Subject matter of copyright: In general 20

(a) Copyright protection subsists, in accordance with this title, in 21 original works of authorship fixed in any tangible medium of expres22 sion, now known or later developed, from which they can be perceived, 23

reproduced, or otherwise communicated, either directly or with the aid 24 of a machine or device. Works of authorship include the following 25 categories : 26

(1) literary works; 27 (2) musical works, including any accompanying words; 28

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works; 30

(5) pictorial, graphic, and sculptural works; 31

(6) motion pictures and other audiovisual works; 32

(7) sound recordings. 33 (b) In no case does copyright protection for an original work of 34 authorship extend to any idea, plan, procedure, process, system,

method of operation, concept, principle, or discovery, regardless of the 36 form in which it is described, explained, illustrated, or embodied in such 37 work. 38 8 103. Subject matter of copyright: Compilations and derivative 39

works 40 (a) The subject matter of copyright as specified by section 102 in

29

35

7

1 cludes compilations and derivative works, but protection for a work 2 employing pre-existing material in which copyright subsists does not 3 extend to any part of the work in which such material has been used 4 unlawfully. 5 (b) The copyright in a compilation or derivative work extends 6 only to the material contributed by the author of such work, as dis

tinguished from the pre-existing material employed in the work, 8 and does not imply any exclusive right in the pre-existing material. 9 The copyright in such work is independent of, and does not affect 10 or enlarge the scope, duration, ownership, or subsistence of, any copy11 right protection in the pre-existing material. 12 8 104. Subject matter of copyright: National origin 13 (a) UNPUBLISHED WORKS.—The works specified by sections 102 and 14 103, whilo unpublished, are subject to protection under this title with15 out regard to the nationality or domicile of the author. 16 (b) PUBLISHED WORK6.—The works specified by sections 102 and 17 108, when published, are subject to protection under this title if18

(1) on the date of first publication, one or more of the authors 19 is a national or domiciliary of the United States, or is a national, 20 domiciliary, or sovereign authority of a foreign nation that is a 21 party to a copyright treaty to which the United States is also a 22 party; or 23 (2) the work is first published in the United States or in a for24 eign nation that, on the date of first publication, is a party to the 25 Universal Copyright Convention of 1952; or 26 (3) the work is first published by the United Nations or any

of its specialized agencies, or by the Organization of American

States; or 29

(4) the work comes within the scope of a Presidential procla30 mation. Whenever the President finds that a particular foreign 31 nation extends, to works by authors who are nationals or domicili

aries of the United States or to works that are first published in 38 the United States, copyright protection on substantially the same

basis as that on which the foreign nation extends protection to 35 works of its own nationals and domiciliaries and works first pub36 lished in that nation, he may by proclamation extend protection 37 under this title to works of which one or more of the authors is, 38 on the date of first publication, a national, domiciliary, or sov39 ereign authority of that nation, or which was first published in 40 that nation. The President may revise, suspend, or revoke any

27

28

32

34

8

work;

1 such proclamation or impose any conditions or limitations on 2

protection under a proclamation. 3 8105. Subject matter of copyright: United States Government 4

works 5 Copyright protection under this title is not available for any work 6 of the United States Government, but the United States Government 7 is not precluded from receiving and holding copyrights transferred 8 to it by assignment, bequest, or otherwise. 9 8 106. Exclusive rights in copyrighted works 10 Subject to sections 107 through 117, the owner of copyright under 11 this title has the exclusive rights to do and to authorize any of the 12 following: 13

(1) to reproduce the copyrighted work in copies or phono14

records; 15

(2) to prepare derivative works based upon the copyrighted 16 17 (3) to distribute copies or phonorecords of the copyrighted 18 work to the public by sale or other transfer of ownership, or by 19 rental, lease, or lending; 20

(4) in the case of literary, musical, dramatic, and choreographic 21

works, pantomimes, motion pictures and other audiovisual works, 22 and sound recordings, to perform the copyrighted work publicly; 23

(5) in the case of literary, musical, dramatic and choreographic 24 works, pantomimes, and pictorial, graphic, or sculptural works, 25 including the individual images of a motion picture or other 26 audiovisual work, to display the copyrighted work publicly. 27 8 107. Limitations on exclusive rights: Fair use 28 Notwithstanding the provisions of section 106, the fair use of a 29 copyrighted work, including such use by reproduction in copies or 30 phonorecords or by any other means specified by that section, for pur31

poses such as criticism, comment, news reporting, teaching, scholar82

ship, or research, is not an infringement of copyright. In determining 33 whether the use made of a work in any particular case is a fair use 34 the factors to be considered shall include: 35

(1) the purpose and character of the use; 36

(2) the nature of the copyrighted work; 37

(3) the amount and substantiality of the portion used in re

lation to the copyrighted work as a whole; and 39

(4) the effect of the use upon the potential market for or value of the copyrighted work.

38

40

« iepriekšējāTurpināt »