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 television broadcast station to subscribers located within the local market of such station to carry all such 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.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E162-165)
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Commerce
Referred to the Subcommittee on Courts and Intellectual Property.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Hearings Held.
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