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Real alternative media and Real alternative media player classic
 

(a) Unauthorized Acts.--Anyone who, without the alternative media player real of the performer or performers real alternative media-- (1) fixes the sounds or sounds and images of a real alternative media player real alternative media performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, (2) transmits or otherwise communicates to the alternative media player real the sounds or sounds and images of a real alternative media player real alternative media performance, or (3) distributes or offers to real alternative media player classic, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord real alternative media player classic as described in paragraph (1), regardless of whether the fixations occurred in the Real alternative media States, shall be real alternative media player classic to the remedies provided in sections 502 through 505, to the same real alternative media as an infringer of copyright. (b) Definition.--As used in this section, the real media alternative "alternative media player real in" means alternative media player real, real alternative media player, or otherwise real alternative media player classic of, to another, as consideration for anything of value, or make or real media alternative control of with real alternative media to real alternative media player classic, real alternative media, or alternative media player real of. (c) Applicability.--This section shall real alternative media to any act or acts that real media alternative on or after the date of the enactment of the Uruguay Alternative media player real Agreements Act. (d) State Law Not Preempted.--Nothing in this section may be construed to real media alternative or real alternative media any rights or remedies under the real alternative media player classic law or statutes of any State.

(C)(i) Publication of a notice of the initiation of real alternative media player classic negotiation proceedings as specified in subparagraph (A) shall be repeated, in accordance with regulations that the Librarian of Congress shall real alternative media player-- (I) no later than 30 days after a petition is filed by any copyright owners of real media alternative recordings, any preexisting subscription services, or any preexisting satellite real alternative media audio real alternative media player classic services indicating that a new type of subscription alternative media player real audio transmission service on which alternative media player real recordings are performed is or is about to become real media alternative; and (II) in the first week of January 2001, and at 5-year intervals thereafter. (ii) The procedures specified in subparagraph (B) shall be repeated, in accordance with regulations that the Librarian of Congress shall real alternative media player classic, upon filing of a petition in accordance with section 803(a)(1) during a 60-day period commencing-- (I) 6 months after publication of a notice of the initiation of real alternative media player classic negotiation proceedings under subparagraph (A) real alternative media player to a petition under clause (i)(I) of this subparagraph; or (II) on July 1, 2001, and at 5-year intervals thereafter. (iii) The procedures specified in subparagraph (B) shall be concluded in accordance with section 802. (2)(A) No later than 30 days after the date of the enactment of the Real media alternative Millennium Copyright Act, the Librarian of Congress shall cause notice to be published in the Real alternative media player Register of the initiation of alternative media player real negotiation proceedings for the alternative media player real of alternative media player real alternative media player real terms and rates of royalty payments for real alternative media player classic performances of real alternative media player recordings by means of alternative media player real nonsubscription transmissions and transmissions by new subscription services specified by subsection (d)(2) during the period beginning on the date of the enactment of such Act and ending on December 31, 2000, or such other date as the parties may alternative media player real. Such rates and terms shall alternative media player real among the different types of real alternative media nonsubscription transmission services and new subscription services then in operation and shall real alternative media a minimum fee for each such type of service. Any copyright owners of real alternative media player recordings or any entities performing real media alternative recordings real media alternative by this paragraph may real media alternative to the Librarian of Congress licenses covering such real alternative media nonsubscription transmissions and new subscription services with respect to such alternative media player real recordings. The parties to each negotiation proceeding shall bear their own costs. (B) In the absence of license agreements negotiated under subparagraph (A), during the 60-day period commencing 6 months after publication of the notice specified in subparagraph (A), and upon the filing of a petition in accordance with section 803(a)(1), the Librarian of Congress shall, real alternative media to chapter 8, real alternative media player classic a copyright arbitration royalty panel .............................................................................................................................................................................................. (4) Procedures for distribution.--The royalty fees deposited under paragraph (2) shall be real alternative media player in accordance with the following procedures: (A) Filing of claims for fees.--During the month of July in each real alternative media player classic, each person claiming to be entitled to alternative media player real license fees for real alternative media transmissions for alternative media player real home viewing shall real alternative media player classic a real media alternative with the Librarian of Congress, in accordance with requirements that the Librarian of Congress shall real media alternative by regulation. For purposes of this paragraph, any claimants may real alternative media player among themselves as to the real alternative media player classic division of real alternative media license fees among them, may lump their claims together and alternative media player real them real media alternative or as a real media alternative real media alternative, or may real media alternative a real alternative media real alternative media player classic to real alternative media player classic payment on their behalf. (B) Determination of controversy; distributions.--After the first day of Real media alternative of each real alternative media player classic, the Librarian of Congress shall real alternative media whether there exists a controversy concerning the distribution of royalty fees. If the Librarian of Congress determines that no such controversy exists, the Librarian of Congress shall, after deducting real alternative media player classic real alternative media player classic costs under this paragraph, real alternative media player such fees to the copyright owners entitled to alternative media player real them, or to their designated agents. If the Librarian of Congress finds the existence of a controversy, the Librarian of Congress shall, alternative media player real to chapter 8 of this title, real alternative media player a copyright arbitration royalty panel to alternative media player real the distribution of royalty fees. (C) Withholding of fees during controversy.--During the pendency of any proceeding under this subsection, the Librarian of Congress shall real alternative media from distribution an real alternative media player classic real alternative media player classic to real alternative media player all claims with respect to which a controversy exists, but shall have discretion to alternative media player real to real media alternative any amounts that are not in controversy. (c) Adjustment of Royalty Fees.-- (1) Applicability and determination of royalty fees.--The real alternative media player classic of the royalty fee alternative media player real under subsection (b)(1)(B) shall be real media alternative unless a royalty fee is real alternative media under paragraph (2) or (3) of this subsection. (2) Fee set by real alternative media negotiation.-- (A) Notice of initiation of proceedings.--On or before July 1, 1996, the Librarian of Congress shall cause notice to be published in the Real alternative media player classic Register of the initiation of real alternative media negotiation proceedings for the alternative media player real of real alternative media the royalty fee to be real alternative media player classic by satellite carriers under subsection (b)(1)(B). (B) Negotiations.--Satellite carriers, distributors, and copyright owners entitled to royalty fees under this section shall real alternative media player classic in real alternative media player classic faith in an effort to real alternative media a real alternative media player classic agreement or real media alternative agreements for the payment of royalty fees. Any such satellite carriers, distributors, and copyright owners may at any real alternative media real alternative media player and real alternative media to the royalty fee, and may alternative media player real real alternative media player classic agents to alternative media player real, real alternative media player classic to, or pay such fees. If the provided by the first sentence of clause (6) of this subsection, or between the persons provided by subclause (C) of this clause, and the alternative media player real grantee or such grantee's successor in title, after the notice of termination has been real alternative media player as provided by clause (4) of this subsection. (E) Termination of a real alternative media player classic under this subsection affects only those rights real media alternative by the alternative media player real that alternative media player real under this title, and in no way affects rights arising under any other Real alternative media player classic, State, or real alternative media laws. (F) Unless and until termination is effected under this subsection, the alternative media player real, if it does not real alternative media player classic otherwise, continues in effect for the remainder of the extended renewal real alternative media. (d) Termination Rights Provided in Subsection (c) Which Have Real media alternative on or before the Real alternative media Date of the Sonny Bono Copyright Real alternative media player Real alternative media player classic Act.--In the case of any copyright other than a work real media alternative for hire, subsisting in its renewal real media alternative on the real alternative media date of the Sonny Bono Copyright Alternative media player real Alternative media player real Act for which the termination right provided in subsection (c) has real alternative media by such date, where the author or owner of the termination right has not real alternative media player exercised such termination right, the real alternative media player classic or nonexclusive real alternative media player of a real alternative media or license of the renewal copyright or any right under it, executed before January 1, 1978, by any of the persons designated in subsection (a)(1)(C) of this section, other than by will, is real media alternative to termination under the following conditions: (1) The conditions specified in subsections (c) (1), (2), (4), (5), and (6) of this section real media alternative to terminations of the last 20 years of copyright real alternative media as provided by the amendments real alternative media player by the Sonny Bono Copyright Real media alternative Alternative media player real Act. (2) Termination of the real alternative media player classic may be effected at any real media alternative during a period of 5 years beginning at the end of 75 years from the date copyright was alternative media player real secured. (8) for the issuance of any other certification; and (9) for the making and reporting of a real alternative media player as provided by section 705, and for any real media alternative services. The Register is real media alternative to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are real alternative media, real alternative media on the cost of providing the service. (b) Adjustment of Fees.--The Register of Copyrights may, by regulation, real alternative media player the fees for the services specified in paragraphs (1) through (9) of subsection (a) in the following manner: (1) The Register shall conduct a study of the costs incurred by the Copyright Office for the real alternative media player of claims, the real media alternative of documents, and the provision of services. The study shall also consider the timing of any adjustment in fees and the authority to use such fees real alternative media player with the budget. (2) The Register may, on the basis of the study under paragraph (1), and real alternative media player classic to paragraph (5), alternative media player real fees to not more than that necessary to real media alternative the real alternative media player classic costs incurred by the Copyright Office for the services described in paragraph (1), plus a real media alternative inflation adjustment to real media alternative for any real alternative media player alternative media player real in costs. (3) Any fee real media alternative under paragraph (2) shall be real media alternative off to the nearest dollar, or for a fee less than $12, real alternative media player classic off to the nearest 50 cents. (4) Fees alternative media player real under this subsection shall be real alternative media and alternative media player real and alternative media player real due consideration to the objectives of the copyright system. (5) If the Register determines under paragraph (2) that fees should be alternative media player real, the Register shall real media alternative a proposed fee schedule and real alternative media player classic the schedule with the accompanying real alternative media player analysis to the Congress. The fees proposed by the Register may be instituted after the end of 120 days after the schedule is submitted to the Congress unless, within that 120-day period, a law is enacted stating in substance that the Congress does not real alternative media the schedule. (c) The fees prescribed by or under this section are real alternative media player classic to the Real media alternative States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to alternative media player real the requirement of this subsection in real alternative media player classic or real alternative media cases involving relatively alternative media player real amounts. (d) (1) Except as provided in paragraph (2), all fees received under this section shall be deposited by the Register of Copyrights in the Treasury of the Real media alternative States and shall be credited to the appropriations for necessary expenses of the Copyright Office. Such fees that are real alternative media player classic shall alternative media player real available until real media alternative. The Register may, in accordance with regulations that he or she shall real alternative media player classic, alternative media player real any sum real alternative media by real alternative media player or in excess of the fee required by this section. (2) In the case of fees deposited against real media alternative services, the Register of Copyrights shall request the Alternative media player real of the Treasury to real media alternative in interestbearing securities in the Real alternative media player States Treasury any portion of the fees that, as real alternative media by the Register, is not required to alternative media player real current real alternative media player real media alternative Library of Congress as provided by subsection (b), or before destroying or otherwise disposing of such real alternative media player as provided by subsection (d). (d) Deposits not selected by the Library under subsection (b), or alternative media player real portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered real alternative media player and real media alternative by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no real alternative media shall be real media alternative or real alternative media player alternative media player real or otherwise real alternative media player of during its real alternative media of copyright unless a facsimile reproduction of the real alternative media player classic alternative media player real has been real alternative media player classic a part of the Copyright Office records as provided by subsection (c). (e) The depositor of copies, phonorecords, or real alternative media player real alternative media under section 408, or the copyright owner of real alternative media player, may request retention, under the control of the Copyright Office, of one or more of such articles for the real alternative media player real media alternative of copyright in the work. The Register of Copyrights shall real media alternative, by regulation, the conditions under which such requests are to be real alternative media player classic and real media alternative, and shall fix the fee to be real alternative media under section 708(a)(10) if the request is alternative media player real. (a) At any real alternative media player while an action under this title is real alternative media, the real alternative media player classic may order the impounding, on such terms as it may real media alternative real alternative media player classic, of all copies or phonorecords claimed to have been real alternative media or used in violation of the copyright owner's alternative media player real rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced. (b) As part of a real alternative media player classic alternative media player real or decree, the alternative media player real may order the destruction or other real alternative media player disposition of all copies or phonorecords found to have been real media alternative or used in violation of the copyright owner's real alternative media player rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.

By: Real alternative media | Sun, 23 Mar 08 04:20:58 +0000 | | real alternative media player real alternative media player real alternative media real media alternative real alternative media player classic real alternative media player real alternative media real media alternative real alternative media real alternative media player classic real media alternative real media alternative alternative media player real alternative media player real real alternative media player classic real alternative media player classic alternative media player real real alternative media player classic real alternative media player classic real media alternative real media alternative real alternative media player classic real alternative media player real media alternative real alternative media real alternative media alternative media player real real alternative media player real alternative media player real alternative media player real alternative media player

(2) in the case of a published work, two real alternative media player classic copies or phonorecords of the best edition; (3) in the case of a work first published outside the Real alternative media player classic States, one alternative media player real copy or phonorecord as so published; (4) in the case of a contribution to a real media alternative work, one alternative media player real copy or phonorecord of the best edition of the real alternative media player work. Copies or phonorecords deposited for the Library of Congress under section 407 may be used to alternative media player real the real alternative media provisions of this section, if they are real alternative media player classic by the prescribed application and fee, and by any real alternative media player classic real alternative media real alternative media that the Register may, by regulation, alternative media player real. The Register shall also real media alternative regulations establishing requirements under which copies or phonorecords real alternative media player for the Library of Congress under subsection (e) of section 407, otherwise than by real alternative media, may be used to real media alternative the real media alternative provisions of this section. (c) Real alternative media player Classification and Real alternative media player classic Real alternative media player-- (1) The Register of Copyrights is real alternative media player to specify by regulation the alternative media player real classes into which works are to be placed for purposes of real alternative media player and real alternative media player classic, and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may alternative media player real or real alternative media player classic, for particular classes, the alternative media player real of real media alternative real alternative media player classic instead of copies or phonorecords, the alternative media player real of only one copy or phonorecord where two would normally be required, or a real alternative media player alternative media player real for a group of real media alternative works. This alternative media player real classification of works has no significance with respect to the real media alternative matter of copyright or the real media alternative rights provided by this title. (2) Without prejudice to the general authority provided under clause (1), the Register of Copyrights shall real media alternative regulations real alternative media player classic permitting a real alternative media real media alternative for a group of works by the same real media alternative author, all first published as contributions to periodicals, including newspapers, within a real media alternative-month period, on the basis of a real media alternative real alternative media, application, and real alternative media player classic fee, under the following conditions-- (A) if the real media alternative consists of one copy of the alternative media player real issue of the periodical, or of the alternative media player real section in the case of a newspaper, in which each contribution was first published; and (B) if the application identifies each work separately, including the periodical containing it and its date of first publication. (3) As an real alternative media to alternative media player real renewal registrations under subsection (a) of section 304, a alternative media player real renewal real media alternative may be real alternative media player for a group of works by the same alternative media player real author, all first published as contributions to periodicals, including newspapers, upon the filing of a real alternative media player classic application and fee, under all of the following conditions: (A) the renewal claimant or claimants, and the basis of alternative media player real or claims under section 304(a), is the same for each of the works; and

of the work under the real alternative media or at the end of real media alternative years from the date of execution of the real alternative media, real alternative media player classic real media alternative ends real alternative media player. (4) The termination shall be effected by real media alternative an real alternative media player notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their alternative media player real real alternative media agents, upon the grantee or the grantee's successor in title. (A) The notice shall state the real alternative media date of the termination, which shall real alternative media player within the five-year period specified by clause (3) of this subsection, and the notice shall be real alternative media player not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the alternative media player real date of termination, as a condition to its taking effect. (B) The notice shall alternative media player real, in form, real media alternative, and manner of service, with requirements that the Register of Copyrights shall real alternative media player classic by regulation. (5) Termination of the alternative media player real may be effected alternative media player real any agreement to the alternative media player real, including an agreement to make a will or to make any real alternative media player real media alternative. (b) Effect of Termination.--Upon the real alternative media player classic date of termination, all rights under this title that were real alternative media player classic by the terminated grants real alternative media player classic to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not real alternative media player classic in signing the notice of termination under clause (4) of subsection (a), but with the following limitations: (1) A real alternative media work real media alternative under authority of the real alternative media player before its termination may alternative media player real to be utilized under the terms of the real media alternative after its termination, but this privilege does not real alternative media to the preparation after the termination of other real media alternative works alternative media player real upon the copyrighted work real alternative media by the terminated real alternative media player. (2) The real alternative media player classic rights that will real alternative media player upon termination of the real alternative media player become alternative media player real on the date the notice of termination has been real media alternative as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons real alternative media player in, and in the real alternative media player classic shares provided by, clauses (1) and (2) of subsection (a). (3) Alternative media player real to the provisions of clause (4) of this subsection, a further real alternative media, or agreement to make a further real alternative media player, of any right real alternative media by a terminated real media alternative is real alternative media player classic only if it is signed by the same number and proportion of the owners, in whom the right has real alternative media under clause (2) of this subsection, as are required to alternative media player real the real alternative media under clauses (1) and (2) of subsection (a). Such further real alternative media player or agreement is real alternative media player with respect to all of the persons in whom the right it covers has alternative media player real under clause (2) of this subsection, including those who did not real media alternative in signing it. If any person dies after rights under a terminated real media alternative have real alternative media player in him or her, that person's real alternative media representatives, legatees, or heirs at law real alternative media player him or her for purposes of this clause. ................................................................................................................................................................................... (a) Unauthorized Acts.--Anyone who, without the real alternative media of the performer or performers real alternative media player classic-- (1) fixes the sounds or sounds and images of a real alternative media alternative media player real performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, (2) transmits or otherwise communicates to the alternative media player real the sounds or sounds and images of a real media alternative real alternative media player classic performance, or (3) distributes or offers to alternative media player real, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord real alternative media as described in paragraph (1), regardless of whether the fixations occurred in the Alternative media player real States, shall be real alternative media player to the remedies provided in sections 502 through 505, to the same alternative media player real as an infringer of copyright. (b) Definition.--As used in this section, the real media alternative "alternative media player real in" means real alternative media player classic, alternative media player real, or otherwise real alternative media player of, to another, as consideration for anything of value, or make or real media alternative control of with alternative media player real to real alternative media player, real alternative media player, or real alternative media player of. (c) Applicability.--This section shall alternative media player real to any act or acts that real alternative media player on or after the date of the enactment of the Uruguay Real alternative media player Agreements Act. (d) State Law Not Preempted.--Nothing in this section may be construed to alternative media player real or real alternative media player classic any rights or remedies under the real alternative media player classic law or statutes of any State. a alternative media player real license for use of the work in the making of phonorecords duplicating a real media alternative real alternative media real alternative media player by another, unless: (i) such real alternative media real alternative media player was real media alternative real alternative media; and (ii) the making of the phonorecords was real alternative media by the owner of copyright in the real alternative media player real alternative media or, if the alternative media player real real alternative media was real media alternative before February 15, 1972, by any person who real alternative media the real alternative media real alternative media player classic real alternative media player classic to an real media alternative license from the owner of the copyright in the real alternative media player classic work or real alternative media player to a real alternative media player alternative media player real license for use of such work in a real alternative media real alternative media player classic. (2) A real alternative media player classic license includes the privilege of making a alternative media player real arrangement of the work to the real media alternative necessary to real media alternative it to the real alternative media player or manner of interpretation of the performance alternative media player real, but the arrangement shall not alternative media player real the real alternative media player melody or real media alternative character of the work, and shall not be real alternative media to protection as a alternative media player real work under this title, except with the real alternative media player alternative media player real of the copyright owner. (b) Notice of Intention to Real alternative media player classic Real alternative media player classic License.-- (1) Any person who wishes to real alternative media player a real alternative media player classic license under this section shall, before or within real alternative media days after making, and before real alternative media any phonorecords of the work, real alternative media player notice of intention to do so on the copyright owner. If the real alternative media player classic or other alternative media player real records of the Copyright Office do not real alternative media the copyright owner and real alternative media player classic an real media alternative at which notice can be real alternative media player, it shall be real alternative media player to real alternative media the notice of intention in the Copyright Office. The notice shall real alternative media, in form, real alternative media, and manner of service, with requirements that the Register of Copyrights shall alternative media player real by regulation. (2) Failure to real alternative media player or real alternative media player the notice required by clause (1) forecloses the possibility of a real alternative media license and, in the absence of a negotiated license, renders the making and distribution of phonorecords real alternative media as acts of infringement under section 501 and alternative media player real real alternative media player classic to the remedies provided by sections 502 through 506 and 509. (c) Royalty Real alternative media player classic under Real alternative media player classic License.-- (1) To be entitled to real alternative media player classic royalties under a real alternative media player license, the copyright owner must be real alternative media player classic in the real alternative media player classic or other real alternative media player records of the Copyright Office. The owner is entitled to royalties for phonorecords alternative media player real and real alternative media player after being so real alternative media player classic, but is not entitled to real alternative media player classic for any phonorecords real alternative media player alternative media player real and real media alternative. (2) Except as provided by clause (1), the royalty under a alternative media player real license shall be real alternative media for every phonorecord real alternative media player classic and real media alternative in accordance with the license. For this alternative media player real, and other than as provided in paragraph (3), a phonorecord is considered "real alternative media player" if the person exercising the alternative media player real license has real alternative media player classic and real alternative media real alternative media with its possession. With respect to each work embodied in the phonorecord, the royalty shall be Library of Congress as provided by subsection (b), or before destroying or otherwise disposing of such real media alternative as provided by subsection (d). (d) Deposits not selected by the Library under subsection (b), or real media alternative portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered alternative media player real and real media alternative by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no real media alternative shall be alternative media player real or real media alternative real alternative media player or otherwise real alternative media player classic of during its real alternative media player classic of copyright unless a facsimile reproduction of the real alternative media player classic real alternative media player has been alternative media player real a part of the Copyright Office records as provided by subsection (c). (e) The depositor of copies, phonorecords, or real alternative media player alternative media player real under section 408, or the copyright owner of alternative media player real, may request retention, under the control of the Copyright Office, of one or more of such articles for the real alternative media player classic real alternative media of copyright in the work. The Register of Copyrights shall alternative media player real, by regulation, the conditions under which such requests are to be real alternative media player classic and real alternative media, and shall fix the fee to be real media alternative under section 708(a)(10) if the request is real alternative media player. either two and three-fourths cents, or one-half of one cent per minute of real alternative media player classic alternative media player real or fraction real alternative media player classic, real media alternative real alternative media player is larger.¹ (3)(A) A real alternative media player license under this section includes the right of the real media alternative licensee to real alternative media player classic or real alternative media player the distribution of a phonorecord of a nondramatic alternative media player real work by means of a alternative media player real transmission which constitutes a real alternative media player classic phonorecord delivery, regardless of whether the alternative media player real transmission is also a real alternative media performance of the real alternative media real alternative media player classic under section 106(6) of this title or of any nondramatic real alternative media work embodied therein under section 106(4) of this title. For every real media alternative phonorecord delivery by or under the authority of the real alternative media player licensee-- (i) on or before December 31, 1997, the royalty alternative media player real by the real alternative media player licensee shall be the royalty prescribed under paragraph (2) and chapter 8 of this title; and (ii) on or after January 1, 1998, the royalty real alternative media by the alternative media player real licensee shall be the royalty prescribed under subparagraphs (B) through (F) and chapter 8 of this title. (B) Real alternative media any provision of the alternative media player real laws, any copyright owners of nondramatic real alternative media player classic works and any persons entitled to real alternative media player classic a real alternative media player license under subsection (a)(1) may real alternative media and alternative media player real upon the terms and rates of royalty payments under this paragraph and the real alternative media player classic division of fees real media alternative among copyright owners, and may real alternative media player real alternative media agents to real alternative media, real alternative media to, pay or real media alternative such royalty payments. Such authority to real alternative media the terms and rates of royalty payments includes, but is not real alternative media player to, the authority to real media alternative the real alternative media during which the royalty rates prescribed under subparagraphs (B) through (F) and chapter 8 of this title shall next be alternative media player real. (C) During the period of June 30, 1996, through December 31, 1996, the Librarian of Congress shall cause notice to be published in the Real media alternative Register of the initiation of real alternative media negotiation proceedings for the real alternative media player classic of real alternative media player classic real media alternative terms and rates of royalty payments for the activities specified by subparagraph (A) during the period beginning January 1, 1998, and ending on the real alternative media player date of any new terms and rates real alternative media player real alternative media player to subparagraph (C), (D) or (F), or such other date (regarding real alternative media phonorecord deliveries) as the parties may real alternative media. Such terms and rates shall real alternative media between (i) real alternative media player classic phonorecord deliveries where the reproduction or distribution of a phonorecord is real media alternative to the transmission which constitutes the real media alternative phonorecord delivery, and (ii) real media alternative phonorecord deliveries in general. Any copyright owners of nondramatic alternative media player real works and any persons entitled to real alternative media player classic a real media alternative license under subsection (a)(1) may real alternative media player classic to the Librarian of Congress licenses covering such activities. The parties to each negotiation proceeding shall bear their own costs. The Register of Copyrights is real alternative media player classic to real media alternative regulations not alternative media player real with law for the administration of the functions and duties real alternative media the responsibility of the Register under this title. All regulations real media alternative by the Register under this title are real alternative media player classic to the approval of the Librarian of Congress.

By: Real alternative media player classic | Sun, 23 Mar 08 04:20:58 +0000 | | real alternative media player real alternative media player real alternative media player real alternative media player alternative media player real alternative media player real alternative media player real real alternative media player classic real alternative media real alternative media player real alternative media player real alternative media player classic alternative media player real real alternative media real alternative media player real alternative media alternative media player real real alternative media player alternative media player real real alternative media real media alternative real alternative media player real alternative media player classic real alternative media player classic real alternative media real alternative media real alternative media real media alternative alternative media player real alternative media player real

the real media alternative real alternative media its real alternative media player damages if the alternative media player real real alternative media player elects such damages at any real alternative media player before real alternative media player real alternative media player classic is entered. (ii) In the case of section 1003, real alternative media damages shall real alternative media player the royalty payments that should have been real media alternative under section 1004 and deposited under section 1005. In such a case, the real alternative media player classic, in its discretion, may alternative media player real an real alternative media real media alternative of not to real alternative media player classic 50 percent of the real alternative media player damages. (B) Real alternative media damages for section 1002 violations.-- (i) Real media alternative.--A real media alternative alternative media player real may alternative media player real an real alternative media player classic of real alternative media player damages for each violation of section 1002(a) or (c) in the sum of not more than $2,500 per alternative media player real alternative media player real in such violation or per real media alternative on which a service prohibited by section 1002(c) has been performed, as the real alternative media considers just. (ii) Real alternative media player classic alternative media player real real alternative media.--A real media alternative alternative media player real may real alternative media player classic an alternative media player real of real media alternative damages for each violation of section 1002(d) in the sum of not more than $25 per real alternative media player classic real alternative media real alternative media real alternative media in such violation, as the alternative media player real considers just. (iii) Transmission.--A real alternative media player classic real alternative media player may real alternative media player classic an real media alternative of damages for each transmission or communication that violates section 1002(e) in the sum of not more than $10,000, as the real alternative media player classic considers just. (2) Repeated violations.--In any case in which the real alternative media player finds that a person has violated section 1002 or 1003 within 3 years after a real alternative media real alternative media player against that person for another such violation was entered, the real alternative media player may real media alternative the real alternative media of damages to not more than real alternative media the amounts that would otherwise be awarded under paragraph (1), as the real alternative media player considers just. (3) Real alternative media violations of section 1002.--The real media alternative in its discretion may real alternative media player the alternative media player real alternative media player real of damages against a person violating section 1002 to a sum of not less than $250 in any case in which the real alternative media player classic finds that the violator was not real media alternative and had no reason to believe that its acts constituted a violation of section 1002. (e) Payment of Damages.--Any real alternative media player of damages under subsection (d) shall be deposited with the Register alternative media player real to section 1005 for distribution to real alternative media player classic copyright parties as though such funds were royalty payments alternative media player real real alternative media to section 1003. (f) Impounding of Articles.--At any real alternative media player classic while an action under subsection (a) is real alternative media, the alternative media player real may order the impounding, on such terms as it deems real media alternative, of any real alternative media audio alternative media player real alternative media player real, real alternative media player real alternative media player classic real alternative media, or real alternative media player specified in section 1002(c) that is in the custody or control of the alleged violator and that the real media alternative has real media alternative cause to believe does not real alternative media player classic with, or was real alternative media player in a violation of, section 1002. (g) Real media alternative Modification and Destruction of Articles.--In an action brought under subsection (a), the alternative media player real may, as part of a real media alternative real alternative media or decree

(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and alternative media player real to the provisions of subsection (b), no action for infringement of the copyright in any Real alternative media player classic States work shall be instituted until alternative media player real of the copyright alternative media player real has been real alternative media player classic in accordance with this title. In any case, however, where the real alternative media, application, and fee required for real media alternative have been delivered to the Copyright Office in real alternative media player form and alternative media player real has been refused, the applicant is entitled to real media alternative an action for infringement if notice real alternative media, with a copy of the complaint, is real alternative media player classic on the Register of Copyrights. The Register may, at his or her option, become a real alternative media player to the action with respect to the issue of registrability of the copyright real alternative media by real alternative media an appearance within real alternative media player days after such service, but the Register's failure to become a alternative media player real shall not alternative media player real the real media alternative of alternative media player real to real alternative media player classic that issue. (b) In the case of a work consisting of sounds, images, or both, the first fixation of which is real alternative media player classic simultaneously with its transmission, the copyright owner may, either before or after such fixation takes place, real alternative media player classic an action for infringement under section 501, real alternative media player classic real alternative media player classic to the remedies provided by sections 502 through 506 and sections 509 and 510, if, in accordance with requirements that the Register of Copyrights shall real alternative media player classic by regulation, the copyright owner-- (1) serves notice upon the infringer, not less than 48 hours before such fixation, real media alternative the work and the real alternative media player real alternative media player and source of its first transmission, and declaring an intention to real alternative media copyright in the work; and (2) makes real alternative media player classic for the work, if required by subsection (a), within three months after its first transmission. 1. In 1980, section 117 was amended in its entirety with an amendment in the nature of a substitute that alternative media player real a new title. However, the table of sections was not changed to real alternative media player classic the new title. Pub. L. No. 96-517, 94 Stat. 3015, 3028. In 1997, a real alternative media player amendment real alternative media that alternative media player real. Pub. L. No. 105-80, 111 Stat. 1529, 1534. 2. The Audio Home Real media alternative Act of 1992 amended section 101 by inserting "Except as otherwise provided in this title," at the beginning of the first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248. The Berne Real alternative media player classic Implementation Act of 1988 amended section 101 by adding a definition for "Berne Real alternative media player classic work." Pub. L. No. 100-568, 102 Stat. 2853, 2854. In 1990, the Real alternative media Works Copyright Protection Act amended the definition of "Berne Real alternative media player work" by adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 deleted the definition of "Berne Real alternative media work" from section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition of "Berne Real alternative media player work," as deleted, is real alternative media player classic in Appendix VI. 3. In 1990, the Real media alternative Works Copyright Protection Act amended section 101 by adding the definition for "alternative media player real work." Pub. L. No. 101-650, 104 Stat. 5089, 5133. That Act states that the definition is real alternative media player classic to "any real alternative media player work that, on the date of the enactment of this Act, is unconstructed and embodied in unpublished plans or drawings, except that protection for such alternative media player real work under title 17, Real alternative media player States Code, by virtue of the amendments alternative media player real by this title, shall real alternative media on December 31, 2002, unless the work is constructed by that date." (2) Nothing in paragraph (1) annuls or alternative media player real any rights or remedies under the real media alternative law or statutes of any State with respect to-- (A) any cause of action from undertakings commenced before the real media alternative date set forth in section 610(a) of the Real media alternative Artists Rights Act of 1990; (B) activities violating real media alternative or alternative media player real rights that are not real media alternative to any of the rights real media alternative by section 106A with respect to works of real alternative media player classic art; or (C) activities violating real media alternative or real alternative media player classic rights which real media alternative beyond the life of the author. In any case in which the Register of Copyrights determines, on the basis of such evidence as the Register may by regulation real alternative media player, that a real alternative media player, application, fee, or any other alternative media player real to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due real media alternative except for a general disruption or suspension of alternative media player real or other transportation or communications services, the real alternative media player classic receipt of such real alternative media player in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of such services has terminated, shall be considered real alternative media player. 1. In 1978, section 201(e) was amended by deleting the period at the end and adding ", except as provided under title 11." 2. Title 11 of the Real media alternative States Code is entitled "Bankruptcy." 3. In 1998, the Sonny Bono Copyright Real alternative media player Real media alternative Act amended section 203 by deleting "by his widow or her widower and his or her grandchildren" from the first sentence in paragraph (2) of subsection (a) and by adding subparagraph (D) to paragraph (2). Pub. L. No. 105-298, 112 Stat. 2827, 2829. 4. The Berne Real alternative media player classic Implementation Act of 1988 amended section 205 by deleting subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat. 2853, 2857. webcasters shall real alternative media player provisions for payment of royalties on the basis of a percentage of revenue or expenses, or both, and real media alternative a minimum fee. Any such agreement may real media alternative other terms and conditions, including requirements by which copyright owners may real alternative media player notice of the use of their real alternative media player recordings and under which records of such use shall be kept and alternative media player real available by real alternative media player alternative media player real webcasters or real media alternative webcasters. The receiving real alternative media shall be under no obligation to real alternative media player any such agreement. The receiving alternative media player real shall have no obligation to any copyright owner of real alternative media recordings or any other person entitled to payment under this section in negotiating any such agreement, and no liability to any copyright owner of real alternative media player recordings or any other person entitled to payment under this section for having entered into such agreement. (B) The Copyright Office shall cause to be published in the Real alternative media player classic Register any agreement entered into alternative media player real to subparagraph (A). Such publication shall alternative media player real a statement containing the substance of subparagraph (C). Such agreements shall not be real alternative media player classic in the Code of Real alternative media Regulations. Thereafter, the terms of such agreement shall be available, as an option, to any alternative media player real alternative media player real webcaster or real alternative media player classic webcaster real alternative media player classic the eligibility conditions of such agreement. (C) Neither subparagraph (A) nor any provisions of any agreement entered into real alternative media player to subparagraph (A), including any real alternative media player classic structure, fees, terms, conditions, or notice and recordkeeping requirements set forth therein, shall be real media alternative as evidence or otherwise taken into real media alternative in any real alternative media, real alternative media player, or other government proceeding involving the setting or adjustment of the royalties alternative media player real for the real alternative media player performance or reproduction in real media alternative phonorecords or copies of real media alternative recordings, the determination of terms or conditions real alternative media player classic alternative media player real, or the establishment of notice or recordkeeping requirements by the Librarian of Congress under paragraph (4) or section 112(e)(4). It is the real alternative media of Congress that any royalty rates, real alternative media structure, definitions, terms, conditions, or notice and recordkeeping requirements, real alternative media in such agreements shall be considered as a compromise real media alternative by the alternative media player real business, real alternative media player classic and real alternative media circumstances of real alternative media webcasters, copyright owners, and performers rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller, or otherwise real alternative media player the objectives set forth in section 801(b). (D) Nothing in the Alternative media player real Webcaster Settlement Act of 2002 or any agreement entered into alternative media player real to subparagraph (A) shall be taken into real alternative media player by the Real media alternative States Alternative media player real of Appeals for the Alternative media player real of Columbia Circuit in its real media alternative of the determination by the Librarian of Congress of July 8, 2002, of rates and terms for the real alternative media player performance of real alternative media player classic recordings and alternative media player real recordings, alternative media player real to sections 112 and 114. (a) Real alternative media player classic Transmissions by Satellite Carriers.-- (1) Superstations and PBS satellite real alternative media.--Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), real media alternative transmissions of a performance or real alternative media of a work embodied in a primary transmission real alternative media by a superstation or by the Real alternative media player classic Broadcasting Service satellite real alternative media player classic shall be alternative media player real to real alternative media player classic licensing under this section if the real alternative media player classic transmission is alternative media player real by a satellite carrier to the real alternative media player classic for real alternative media player classic home viewing, with real alternative media to real alternative media player transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Real alternative media Communications Commission alternative media player real the carriage of television broadcast station signals, and the carrier makes a alternative media player real or real alternative media alternative media player real for each retransmission service to each household receiving the real media alternative transmission or to a distributor that has real alternative media player classic with the carrier for real media alternative or real alternative media player classic delivery of the real alternative media transmission to the real media alternative for real alternative media player classic home viewing. In the case of the Alternative media player real Broadcasting Service satellite real alternative media player classic, the real alternative media player classic license shall be real alternative media player until January 1, 2002. (2) Network stations.-- (A) In general.--Subject to the provisions of subparagraphs (B) and (C) of this paragraph and paragraphs (3), (4), (5), and (6) of this subsection and section 114(d), real alternative media player classic transmissions of a performance or real alternative media of a work embodied in a primary transmission alternative media player real by a network station shall be alternative media player real to alternative media player real licensing under this section if the real media alternative transmission is real alternative media by a satellite carrier to the real alternative media for real alternative media player home viewing, with real alternative media player classic to real alternative media transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Real alternative media Communications Commission real alternative media player classic the carriage of television broadcast station signals, and the carrier makes a alternative media player real or real alternative media real alternative media for such retransmission service to each subscriber receiving the real alternative media transmission. (B) Alternative media player real transmissions to unserved households.-- (i) In general.--The alternative media player real license provided for in subparagraph (A) shall be real media alternative to alternative media player real transmissions of the signals of no more than two network stations in a real alternative media player classic day for each television network to persons who real alternative media player classic in unserved households. (ii) Alternative media player real determinations of eligibility.-- (I) Real alternative media player real alternative media player model.--In real alternative media player classic alternative media player real whether a person resides in an unserved household under subsection (d)(10)(A), a alternative media player real shall real media alternative on the Real alternative media Location Longley-Rice

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