A bill to clarify provisions relating to statutory copyright licenses for satellite carriers.

Grants a statutory license to provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station to a satellite carrier found to have engaged in a pattern or practice of violations of delivering such a primary transmission to subscribers who are not eligible to receive it, notwithstanding any injunction that has been issued.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4068 Introduced in Senate (IS)]







109th CONGRESS
  2d Session
                                S. 4068

  To clarify provisions relating to statutory copyright licenses for 
                          satellite carriers.


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                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2006

 Mr. Sununu (for himself and Mr. Gregg) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL



  To clarify provisions relating to statutory copyright licenses for 
                          satellite carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION OF STATUTORY COPYRIGHT LICENSE FOR SATELLITE 
              CARRIERS.

    (a) In General.--Chapter 1 of title 17, United States Code, is 
amended by inserting after section 119 the following:
``Sec. 119A. Clarification of exclusive rights: secondary transmissions 
              of distant network signals for private home viewing by 
              certain satellite carriers
    ``(a) Statutory License Granted.--Notwithstanding any injunction 
issued under section 119(a)(7)(B), a satellite carrier found to have 
engaged in a pattern or practice of violations under section 
119(a)(7)(B) is granted a statutory license to provide a secondary 
transmission of a performance or display of a work embodied in a 
primary transmission made by a network station in accordance with the 
provisions of this section.
    ``(b) Significantly Viewed Signals.--Under the statutory license 
granted by subsection (a), a satellite carrier may provide a secondary 
transmission of a primary transmission made by a network station as 
provided under section 119(a)(2)(C)(i).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 17, United States Code, is amended by inserting 
after the item relating to section 119 the following:

``119A. Clarification of exclusive rights: secondary transmissions of 
                            distant network signals for private home 
                            viewing by certain satellite carriers.''.
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