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1 to the copyright owner or performer of the sound recording,

2 respectively.

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"(d) As used in this section, the term

"(1) performers' means musicians, singers, conductors, actors, narrators, and others whose performance of a literary, musical, or dramatic work is embodied in a

sound recording; and

"(2) 'net receipts from advertising sponsors' means gross receipts from advertising sponsors less any commissions paid by a broadcast station to advertising agencies.".

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(b) The analysis of such chapter is amended by add13 ing at the end thereof the following new item:

"33. Compulsory licensing; royalties.".

94TH CONGRESS 1ST SESSION

H. R. 4965

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1975

Mr. WON PAT introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

For the amendment of the Copyright Law, title 17 of the United States Code.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That title 17 of the United States Code, entitled "Copy4 rights", is hereby amended by adding new section 101 (f) 5 to read as follows:

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"(f) For all the purposes of the provisions of this 7 title dealing with infringements of copyright, including crimi8 nal prosecution pursuant to section 104 of this title, a

9 person shall not infringe or have infringed the copyright in 10 any work protected under the copyright laws of the United 11 States who,

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"(1) for the purpose of transmission on a noncontiguous area cable television system, has made or shall cause to be made, or has transmitted or shall cause to be transmitted, a videotape of a television program or programs broadcast by one or more television stations licensed by the Federal Communications Commission; and when after the enactment of this subsection:

"(i) the videotape is transmitted no more than one time, without deletion of any material including commercials, on any such system; and

"(ii) an owner or officer of such facility erases or destroys, or causes the erasure or destruction of such videotape; and

"(iii) subject to the provisions of subparagraph (2) of this subsection, on or before the end of each calendar quarter, an owner or officer of such system executes an affidavit attesting to the erasure or destruction of all such videotapes made or used during the preceding quarter; and

"(iv) said owner or officer places or causes said affidavit, or the affidavit received pursuant to section 101 (f) (2) (ii) of this title, to be placed in a file, open to public inspection, at such system's main office in the community where the transmission is

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made or in the nearest community where such sys

tem maintains an office.

"(2) Nothing herein shall prevent any such system, pursuant to written contract, from transferring the videotapes to another such system provided that:

"(i) said written contract is placed in the file, open to public inspection, required hereunder; and "(ii) the last such facility transmitting the programs shall comply with the provisions of section 101 (f) (1) (ii) through (iv) of this title, and shall

"(ii) provide a copy of the affidavit required hereunder to each such system making a previous transmission of the same videotape.

"(3) As used in this subsection, the following terms and their variant forms mean the following:

"(i) a 'transmission' is the distribution by a noncontiguous arca cable television system of a videotape to its subscribers and is the equivalent of the carriage of broadcast signals for all the purposes of the rules and regulations of the Federal Communications Commission.

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"(ii) a 'noncontiguous area cable television' is a facility located in any State, territory, trust territory, or possession not within the boundary of the forty-eight contiguous continental States, that

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receives signals transmitted or makes or obtains videotapes of programs broadcast by one or more television broadcast stations licensed by the Federal Communications Commission and delivers such signals or programs by wires, cables, or other communications channels to subscribing members of the public who pay for such service.

"(iii) A 'videotape' is the reproduction of the images and sounds of a program or programs, including commercials, broadcast by a television station licensed by the Federal Communications Commission, regardless of the nature of the material objects, such as tapes or motion pictures, in which the reproduction is embodied.

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