Senate - 10/01/1998 Placed on Senate Legislative Calendar under General Orders. Calendar No. 670. (All Actions)
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[actionDate] => 1998-10-01
[displayText] => Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
[externalActionCode] => 14000
[description] => Introduced
[chamberOfAction] => Senate
)
A bill to amend title 17, United States Code, to reform the copyright law with respect to satellite retransmissions of broadcast signals, and for other purposes.
Actions Overview (2)
Date
Actions Overview
10/01/1998
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
03/05/1998
Introduced in Senate
All Actions (5)
Date
All Actions
10/01/1998
Placed on Senate Legislative Calendar under General Orders. Calendar No. 670.
Action By: Senate
10/01/1998
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
10/01/1998
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
03/05/1998
Read twice and referred to the Committee on Judiciary.
Action By: Senate
Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.
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Senate Judiciary
03/05/1998
Referred to
10/01/1998
Markup by
10/01/1998
Reported by
Related Bills (0)
Subjects (36)
Subject — Policy Area:
Commerce
One Policy Area term, which best describes an entire measure, is assigned to every public bill or resolution.
Shown Here: Reported to Senate with amendment(s) (10/01/1998)
Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to that station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day thereafter, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. Restricts the use of the subscriber information for purposes other than monitoring compliance by the satellite carrier.
Applies the submission requirements to a satellite carrier only if the station to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made.
Precludes any royalty obligation for such secondary transmission. States that noncompliance with such reporting requirements by a satellite carrier into the local market of a television broadcast station of a primary transmission made by that television broadcast station is actionable as an act of infringement and fully subject to copyright remedies.
Applies such infringement and copyright remedies to a satellite carrier, who provides such secondary transmission, if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such willful or repeated transmission is made to a subscriber who does not reside in that television broadcast station's local market and is not subject to statutory licensing, with exceptions. Sets forth additional remedies for willful and repeated patterns or practices of such violations.
Provides that the satellite carrier shall bear the burden of proof in any action brought under this Act. Makes the statutory license created by this Act applicable to secondary transmissions to locations in the United States, and any commonwealth, territory, or possession of the United States.
States that no provisions of copyright law or any other law (other than this Act and provisions relating to secondary transmissions of superstations and network stations for private home viewing) 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.
(Sec. 3) Amends the Satellite Home Viewer Act of 1994 (the Act) to extend until December 31, 2003, the effect of amendments to such Act relating to statutory licenses for satellite carriers.
(Sec. 4) Sets forth a transition provision which declares that a satellite carrier shall not be required to terminate service of a network station to a subscriber until February 28, 1999.
(Sec. 5) Revises the formula used to compute the rate of royalty fees in effect on January 1, 1998, to be deposited with the Register of Copyright by satellite carriers by reducing the rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent.
Provides that for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed.
(Sec. 6) Modifies the definition of "unserved household" to eliminate the 90-day waiting period for satellite subscribers to wait after termination of their cable service until they are eligible for satellite service of network signals. Adds a definition of "local station network."
(Sec. 7) Subjects a copyrighted programming carried upon the PBS's national satellite feed to copyright statutory licensing provisions. Conditions such license, after January 1, 2001, or the date on which local transmissions of broadcast signals are offered to the public, whichever is earlier, on the PBS's annual certifications to the Copyright Office that PBS's membership supports the secondary transmission of the PBS satellite feed, and providing notice to the satellite carrier of such certification.
Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by the PBS consisting of educational and informational programming intended for private home viewing, to which the PBS holds national terrestrial broadcast rights.
(Sec. 8) what is permissible under the Federal Communications Commission's rules, regulations, and authorizations.
(Sec. 9) Makes this Act and the amendments made by this Act effective on January 1, 1999, except that a transition provision shall take effect on the date of enactment of this Act.
Shown Here: Reported to Senate with amendment(s) (10/01/1998)
Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to that station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day thereafter, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. Restricts the use of the subscriber information for purposes other than monitoring compliance by the satellite carrier.
Applies the submission requirements to a satellite carrier only if the station to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made.
Precludes any royalty obligation for such secondary transmission. States that noncompliance with such reporting requirements by a satellite carrier into the local market of a television broadcast station of a primary transmission made by that television broadcast station is actionable as an act of infringement and fully subject to copyright remedies.
Applies such infringement and copyright remedies to a satellite carrier, who provides such secondary transmission, if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such willful or repeated transmission is made to a subscriber who does not reside in that television broadcast station's local market and is not subject to statutory licensing, with exceptions. Sets forth additional remedies for willful and repeated patterns or practices of such violations.
Provides that the satellite carrier shall bear the burden of proof in any action brought under this Act. Makes the statutory license created by this Act applicable to secondary transmissions to locations in the United States, and any commonwealth, territory, or possession of the United States.
States that no provisions of copyright law or any other law (other than this Act and provisions relating to secondary transmissions of superstations and network stations for private home viewing) 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.
(Sec. 3) Amends the Satellite Home Viewer Act of 1994 (the Act) to extend until December 31, 2003, the effect of amendments to such Act relating to statutory licenses for satellite carriers.
(Sec. 4) Sets forth a transition provision which declares that a satellite carrier shall not be required to terminate service of a network station to a subscriber until February 28, 1999.
(Sec. 5) Revises the formula used to compute the rate of royalty fees in effect on January 1, 1998, to be deposited with the Register of Copyright by satellite carriers by reducing the rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent.
Provides that for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed.
(Sec. 6) Modifies the definition of "unserved household" to eliminate the 90-day waiting period for satellite subscribers to wait after termination of their cable service until they are eligible for satellite service of network signals. Adds a definition of "local station network."
(Sec. 7) Subjects a copyrighted programming carried upon the PBS's national satellite feed to copyright statutory licensing provisions. Conditions such license, after January 1, 2001, or the date on which local transmissions of broadcast signals are offered to the public, whichever is earlier, on the PBS's annual certifications to the Copyright Office that PBS's membership supports the secondary transmission of the PBS satellite feed, and providing notice to the satellite carrier of such certification.
Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by the PBS consisting of educational and informational programming intended for private home viewing, to which the PBS holds national terrestrial broadcast rights.
(Sec. 8) what is permissible under the Federal Communications Commission's rules, regulations, and authorizations.
(Sec. 9) Makes this Act and the amendments made by this Act effective on January 1, 1999, except that a transition provision shall take effect on the date of enactment of this Act.
Shown Here: Introduced in Senate (03/05/1998)
Copyright Compulsory License Improvement Act - Amends Federal copyright law to revise provisions regarding limitations on exclusive rights and secondary transmissions of superstations and network stations for private home viewing. Replaces such provisions with provisions that make certain secondary transmissions by satellite carriers of primary transmissions made by television broadcast stations licensed by the Federal Communications Commission (FCC) or the Public Broadcasting Service (PBS) satellite feed that embody a performance or display of a work subject to statutory licensing.
Makes conforming changes to apply to such satellite carriers certain provisions regarding the submission of subscriber lists and penalties for noncompliance with accounting and royalty requirements, willful alterations of programming, and unlawful discrimination against distributors.
(Sec. 3) Revises provisions regarding the deposit of a statement of accounts and royalty fees by such satellite carriers to make submitted information apply to television broadcast stations whose signals were retransmitted and the PBS satellite feed (currently, to superstations and network stations). Retains existing provisions regarding the investment of fees and the persons to whom the fees are distributed. Requires claims for statutory licensing fees to be submitted to, and determinations of controversy to be made by, the Copyright Royalty Adjudication Board, an entity established by this Act (currently, by the Librarian of Congress).
(Sec. 4) Revises and adds certain definitions to reflect changes made by this Act. Defines "secondary transmission" as the further transmitting of a primary transmission simultaneously with the primary transmission.
(Sec. 5) Provides that no other law or copyright provision shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers for private home viewing of programming contained in a primary transmission may be made without obtaining the copyright owner's consent.
(Sec. 7) Replaces provisions regarding copyright arbitration royalty panels with those establishing the Copyright Royalty Adjudication Board within the Copyright Office, to consist of administrative copyright judges.
Grants the Board independence in reaching its determinations concerning the adjustment of copyright royalty rates, the distribution of copyright royalties, the acceptance or rejection of royalty claims and rate adjustment petitions, and such rulemaking functions as delegated.
Sets forth factors for determining royalty fees and provisions regarding the institution and conduct of proceedings by the Board. Transfers certain authorities of the Librarian of Congress with respect to such proceedings to the Board.
Applies existing language regarding judicial review to Board decisions on rate adjustments or royalty distributions.
(Sec. 8) Continues certain existing proceedings for which a copyright arbitration royalty panel has been convened.
(Sec. 9) Removes a provision which allows certain copyright owners or public broadcasting entities to submit to the Librarian proposed licenses covering the terms and rates of royalty payments and the division of fees among owners with respect to the use of works in noncommercial broadcasting. Extends the deadline for concluding the initial procedure for negotiations and agreements between such parties to December 31, 2002.
Removes a provision which allows owners of copyright in nondramatic literary works and public broadcasting entities to agree among themselves during the course of voluntary negotiations to the terms and rates of royalty payments without liability under the antitrust laws.
Replaces certain provisions which permit arbitration of disputes between copyright owners and manufacturers, importers, or distributors of digital audio recording or digital audio interface devices with those that require adjudication of such disputes by the Board.
(Sec. 11) Amends the Communications Act of 1934 to expand the list of retransmissions exempt from a prohibition on retransmission of broadcasting station signals by cable systems or other multichannel video programming distributors to include the retransmission: (1) of the signal of a superstation by a satellite carrier to subscribers for private home viewing if the originating station was a superstation on January 1, 1998; (2) of the signal of a station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna if the household receiving the signal is located in an area in which such station may not assert its rights not to have its signal duplicated under FCC network nonduplication regulations; or (3) by a cable operator or multichannel video programming distributor of a superstation signal if such signal was obtained from a satellite carrier and the originating station was a superstation on January 1, 1998 (currently, May 1, 1991).
(Sec. 12) Requires satellite carriers providing direct to home service of a network station to subscribers located within the local market of such station to carry all television broadcast stations located within that local market. Provides that a carrier shall not be required to carry local station signals that substantially duplicate the signal of another local station which is secondarily transmitted by the carrier or to carry the signals of more than one local station affiliated with a particular broadcast network.
Bars satellite carriers from accepting or requesting monetary payment or other valuable consideration in exchange for carriage of such stations or for channel positioning rights provided to such stations. Establishes remedies for local stations that believe a carrier has failed to meet obligations under this Act, including the filing of complaints with the FCC.
(Sec. 13) Directs the FCC to establish regulations that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to the retransmission of broadcast signals by satellite carriers to subscribers for private home viewing.
Requires such regulations to allow a television broadcast station in any local market to assert nonduplication rights against: (1) a satellite carrier throughout the local market if such carrier retransmits the signal of another station within such market to subscribers; or (2) all satellite carriers within the zone in which the station may be received over-the-air, using conventional consumer television receiving equipment (but such zone shall not extend beyond such local market).
Provides that until such regulations are established, the current statutory license for secondary transmissions of primary transmissions of programming contained in a primary transmission made by a network station shall be limited to secondary transmissions to persons who reside in unserved households, notwithstanding the amendments to statutory license provisions made by this Act.