US Codex
U.S.C.
Notes

§119. Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite — Inbound Citations

17 U.S.C. § 119

Cited by 36 provisions in release 119-102.

Citations to 17 U.S.C. § 119 as a whole

  • 17 U.S.C. § 111(a)(4)
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    (4) the secondary transmission is made by a satellite carrier pursuant to a statutory license under section 119 or section 122;
  • 17 U.S.C. § 122(f)(1)
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    (1) The willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a television broadcast station to a subscriber who does not reside in that station’s local market, and is not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506, except that—
    (A) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber; and
    (B) any statutory damages shall not exceed $250 for such subscriber for each month during which the violation occurred.
  • 17 U.S.C. § 122(f)(2)
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    (2) If a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that station’s local market, and are not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, then in addition to the remedies under paragraph (1)—
    (A) if the pattern or practice has been carried out on a substantially nationwide basis, the court—
    (i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations affiliated with such network); and
    (ii) may order statutory damages not exceeding $2,500,000 for each 6-month period during which the pattern or practice was carried out; and
    (B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court—
    (i) shall order a permanent injunction barring the secondary transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and
    (ii) may order statutory damages not exceeding $2,500,000 for each 6-month period during which the pattern or practice was carried out.
  • 17 U.S.C. § 122(g)
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    (g) In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that station’s local market or subscribers being served in compliance with section 119, paragraph (2)(A), (3), or (4) of subsection (a), or a private licensing agreement.
  • 17 U.S.C. § 122(i)
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    (i) No provision of section 111 or any other law (other than this section and section 119) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary transmission made by a television broadcast station may be made without obtaining the consent of the copyright owner.
  • 17 U.S.C. § 708(a)(10)
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    (10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and
  • 17 U.S.C. § 801(b)(1)
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    (1) To make determinations and adjustments of reasonable terms and rates of royalty payments as provided in sections 112(e), 114, 115, 116, 118, 119, and 1004.
  • 17 U.S.C. § 801(b)(3)(A)
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    (A) To authorize the distribution, under sections 111, 119, and 1007, of those royalty fees collected under sections 111, 119, and 1005, as the case may be, to the extent that the Copyright Royalty Judges have found that the distribution of such fees is not subject to controversy.
  • 17 U.S.C. § 801(b)(3)(B)
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    (B) In cases where the Copyright Royalty Judges determine that controversy exists, the Copyright Royalty Judges shall determine the distribution of such fees, including partial distributions, in accordance with section 111, 119, or 1007, as the case may be.
  • 17 U.S.C. § 801(b)(3)(C)
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    (C) Notwithstanding section 804(b)(8), the Copyright Royalty Judges, at any time after the filing of claims under section 111, 119, or 1007, may, upon motion of one or more of the claimants and after publication in the Federal Register of a request for responses to the motion from interested claimants, make a partial distribution of such fees, if, based upon all responses received during the 30-day period beginning on the date of such publication, the Copyright Royalty Judges conclude that no claimant entitled to receive such fees has stated a reasonable objection to the partial distribution, and all such claimants—
    (i) agree to the partial distribution;
    (ii) sign an agreement obligating them to return any excess amounts to the extent necessary to comply with the final determination on the distribution of the fees made under subparagraph (B);
    (iii) file the agreement with the Copyright Royalty Judges; and
    (iv) agree that such funds are available for distribution.
  • 17 U.S.C. § 801(b)(4)
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    (4) To accept or reject royalty claims filed under sections 111, 119, and 1007, on the basis of timeliness or the failure to establish the basis for a claim.
  • 17 U.S.C. § 803(b)(1)(A)(i)
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    (i) The Copyright Royalty Judges shall cause to be published in the Federal Register notice of commencement of proceedings under this chapter, calling for the filing of petitions to participate in a proceeding under this chapter for the purpose of making the relevant determination under section 111, 112, 114, 115, 116, 118, 119, 1004, or 1007, as the case may be—
    (I) promptly upon a determination made under section 804(a);
    (II) by no later than January 5 of a year specified in paragraph (2) of section 804(b) for the commencement of proceedings;
    (III) by no later than January 5 of a year specified in subparagraph (A) or (B) of paragraph (3) of section 804(b) for the commencement of proceedings, or as otherwise provided in subparagraph (A) or (C) of such paragraph for the commencement of proceedings;
    (IV) as provided under section 804(b)(8); or
    (V) by no later than January 5 of a year specified in any other provision of section 804(b) for the filing of petitions for the commencement of proceedings, if a petition has not been filed by that date, except that the publication of notice requirement shall not apply in the case of proceedings under section 111 that are scheduled to commence in 2005.
  • 17 U.S.C. § 803(d)(2)(C)(i)
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    (i) The pendency of an appeal under this subsection shall not relieve persons obligated to make royalty payments under section 111, 112, 114, 115, 116, 118, 119, or 1003, who would be affected by the determination on appeal, from—
    (I) providing the applicable statements of account and reports of use; and
    (II) paying the royalties required under the relevant determination or regulations.
  • 17 U.S.C. § 803(e)(2)
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    (2) Section 307 of the Legislative Branch Appropriations Act, 1994, shall not apply to employee positions in the Library of Congress that are required to be filled in order to carry out section 111, 112, 114, 115, 116, 118, or 119 or chapter 10.
  • 17 U.S.C. § 804(a)
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    (a) With respect to proceedings referred to in paragraphs (1) and (2) of section 801(b) concerning the determination or adjustment of royalty rates as provided in sections 111, 112, 114, 115, 116, 118, 119, and 1004, during the calendar years specified in the schedule set forth in subsection (b), any owner or user of a copyrighted work whose royalty rates are specified by this title, or are established under this chapter before or after the enactment of the Copyright Royalty and Distribution Reform Act of 2004, may file a petition with the Copyright Royalty Judges declaring that the petitioner requests a determination or adjustment of the rate. The Copyright Royalty Judges shall make a determination as to whether the petitioner has such a significant interest in the royalty rate in which a determination or adjustment is requested. If the Copyright Royalty Judges determine that the petitioner has such a significant interest, the Copyright Royalty Judges shall cause notice of this determination, with the reasons for such determination, to be published in the Federal Register, together with the notice of commencement of proceedings under this chapter. With respect to proceedings under paragraph (1) of section 801(b) concerning the determination or adjustment of royalty rates as provided in sections 112 and 114, during the calendar years specified in the schedule set forth in subsection (b), the Copyright Royalty Judges shall cause notice of commencement of proceedings under this chapter to be published in the Federal Register as provided in section 803(b)(1)(A).
  • 17 U.S.C. § 804(b)(8)
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    (8) With respect to proceedings under section 801(b)(3) concerning the distribution of royalty fees in certain circumstances under section 111, 119, or 1007, the Copyright Royalty Judges shall, upon a determination that a controversy exists concerning such distribution, cause to be published in the Federal Register notice of commencement of proceedings under this chapter.
  • 47 U.S.C. § 325(b)(2)(B)(ii)
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    (ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of section 119 of title 17; and
  • 47 U.S.C. § 325(b)(2)(C)
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    (C) to retransmission of the signals of network stations directly to a home satellite antenna under the statutory license of section 119 of title 17;
  • 47 U.S.C. § 325(b)(2)(D)(ii)
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    (ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of section 119 of title 17; or
  • 47 U.S.C. § 339(a)(1)(A)
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    (A) Subject to section 119 of title 17, any satellite carrier shall be permitted to provide the signals of no more than two network stations in a single day for each television network to any household not located within the local markets of those network stations.
  • 47 U.S.C. § 339(a)(1)(B)
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    (B) In addition to signals provided under subparagraph (A), any satellite carrier may also provide service under the statutory license of section 122 of title 17, to the local market within which such household is located. The service provided under section 122 of such title may be in addition to the two signals provided under section 119 of such title.
  • 47 U.S.C. § 339(c)(2)
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    (2) A subscriber who is denied the retransmission of a signal of a network station under section 119 of title 17 may request a waiver from such denial by submitting a request, through such subscriber’s satellite carrier, to the network station asserting that the retransmission is prohibited. The network station shall accept or reject a subscriber’s request for a waiver within 30 days after receipt of the request. The subscriber shall be permitted to receive such retransmission under section 119(d)(10)(B)1 of title 17, if such station agrees to the waiver request and files with the satellite carrier a written waiver with respect to that subscriber allowing the subscriber to receive such retransmission. If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver.
  • 47 U.S.C. § 339(d)(2)(C)
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    (C) was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of section 119 of title 17.
  • 47 U.S.C. § 548(i)(4)
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    (4) The term “satellite broadcast programming vendor” means a fixed service satellite carrier that provides service pursuant to section 119 of title 17 with respect to satellite broadcast programming.

Citations to §119(a)(3)

  • 17 U.S.C. § 501(e)
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    (e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(3), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.

Citations to §119(b)

Citations to §119(d)

Citations to §119(d)(1)

Citations to §119(d)(2)(A)

Citations to §119(d)(10)(B)

  • 47 U.S.C. § 339(c)(2)
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    (2) A subscriber who is denied the retransmission of a signal of a network station under section 119 of title 17 may request a waiver from such denial by submitting a request, through such subscriber’s satellite carrier, to the network station asserting that the retransmission is prohibited. The network station shall accept or reject a subscriber’s request for a waiver within 30 days after receipt of the request. The subscriber shall be permitted to receive such retransmission under section 119(d)(10)(B)1 of title 17, if such station agrees to the waiver request and files with the satellite carrier a written waiver with respect to that subscriber allowing the subscriber to receive such retransmission. If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver.