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« 17 USC Sec. 509 | Index | 17 USC Sec. 511 »
17 USC Sec. 510 - Remedies for alteration of programming by cable systems
(a) In any action filed pursuant to section 111(c)(3), the
following remedies shall be available:
(1) Where an action is brought by a party identified in
subsections (b) or (c) of section 501, the remedies provided by
sections 502 through 505, and the remedy provided by subsection
(b) of this section; and
(2) When an action is brought by a party identified in
subsection (d) of section 501, the remedies provided by sections
502 and 505, together with any actual damages suffered by such
party as a result of the infringement, and the remedy provided by
subsection (b) of this section.
(b) In any action filed pursuant to section 111(c)(3), the court
may decree that, for a period not to exceed thirty days, the cable
system shall be deprived of the benefit of a statutory license for
one or more distant signals carried by such cable system.
-SOURCE-
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2587;
Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title I, Sec.
1011(a)(1), (3)), Nov. 29, 1999, 113 Stat. 1536, 1501A-543.)
-MISC1-
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
Section 509(b) specifies a new discretionary remedy for
alteration of programming by cable systems in violation of section
111(c)(3): the court in such cases may decree that, ''for a period
not to exceed thirty days, the cable system shall be deprived of
the benefit of a compulsory license for one or more distant signals
carried by such cable system.'' The term ''distant signals'' in
this provision is intended to have a meaning consistent with the
definition of ''distant signal equivalent'' in section 111.
Under section 509(a), four types of plaintiffs are entitled to
bring an action in cases of alteration of programming by cable
systems in violation of section 111(c)(3). For regular copyright
owners and local broadcaster-licensees, the full battery of
remedies for infringement would be available. The two new classes
of potential plaintiffs under section 501(d) - the distant-signal
transmitter and other local stations - would be limited to the
following remedies: (i) discretionary injunctions; (ii)
discretionary costs and attorney's fees; (iii) any actual damages
the plaintiff can prove were attributable to the act of altering
program content; and (iv) the new discretionary remedy of
suspension of compulsory licensing.
AMENDMENTS
1999 - Pub. L. 106-113, Sec. 1000(a)(9) (title I, Sec.
1011(a)(1)), substituted ''programming'' for ''programing'' in
section catchline.
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) (title I, Sec.
1011(a)(3)), substituted ''statutory'' for ''compulsory''.
-CROSS-
CROSS REFERENCES
Secondary transmission of primary transmission as subject to this
section, see section 111 of this title.
Works consisting of sounds, images, or both, the first fixation
of which is made simultaneously with its transmission, as subject
to this section, although not yet registered, see section 411 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 111, 119, 122, 411, 511
of this title.
« 17 USC Sec. 509 | Index | 17 USC Sec. 511 »
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