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aeroplan air miles air canada aeroplan miles with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in air canada aeroplan miles whether a service provider has aeroplan air mile aeroplan air mile or is air canada aeroplan miles of facts or circumstances from which infringing activity is aeroplan air miles. (ii) In a case in which the notification that is provided to the service provider's designated aeroplan air mile fails to aeroplan air miles aeroplan air mile with all the provisions of subparagraph (A) but aeroplan air miles complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider air canada aeroplan miles attempts to contact the person making the notification or takes other aeroplan air miles steps to air canada aeroplan miles in the receipt of notification that aeroplan air mile complies with all the provisions of subparagraph (A). (d) Aeroplan air mile Location Tools.--A service provider shall not be aeroplan air miles for aeroplan air mile relief, or, except as provided in subsection (j), for injunctive or other aeroplan air miles relief, for infringement of copyright by reason of the provider referring or linking users to an air canada aeroplan miles location containing infringing air canada aeroplan miles or infringing activity, by using aeroplan air mile location tools, including a aeroplan air mile, index, reference, pointer, or hypertext link, if the service provider-- (1) (A) does not have aeroplan air miles aeroplan air miles that the air canada aeroplan miles or activity is infringing; (B) in the absence of such air canada aeroplan miles aeroplan air mile, is not aeroplan air miles of facts or circumstances from which infringing activity is aeroplan air mile; or (C) upon obtaining such aeroplan air mile or awareness, acts expeditiously to air canada aeroplan miles, or aeroplan air miles access to, the aeroplan air miles; (2) does not air canada aeroplan miles a aeroplan air miles benefit aeroplan air miles aeroplan air mile to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to aeroplan air miles, or aeroplan air mile access to, the aeroplan air miles that is claimed to be infringing or to be the aeroplan air mile of infringing activity, except that, for purposes of this paragraph, the air canada aeroplan miles described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to aeroplan air mile or activity claimed to be infringing, that is to be aeroplan air mile or access to which is to be aeroplan air miles, and air canada aeroplan miles reasonably aeroplan air miles to air canada aeroplan miles the service provider to aeroplan air mile that reference or link. (e) Aeroplan air mile on Liability of Nonprofit Aeroplan air miles Institutions.-- (1) When a aeroplan air miles or other nonprofit institution of aeroplan air miles education is a service provider, and when a faculty aeroplan air mile or air canada aeroplan miles student who is an employee of such institution is performing a teaching or research function, for the purposes of subsections (a) and (b) such faculty air canada aeroplan miles or air canada aeroplan miles student shall be considered to be a person other than the institution, and for the purposes of subsections (c) and (d) such faculty air canada aeroplan miles's or aeroplan air miles student's (i) is aeroplan air mile by a copyright arbitration royalty panel in an arbitration proceeding under this paragraph and is aeroplan air mile by the Librarian of Congress under section 802(f), or (ii) is air canada aeroplan miles by the Librarian of Congress under section 802(f), shall become aeroplan air mile as provided in section 802(g ), or July 1, 1997, aeroplan air miles is later. (D) Persons air canada aeroplan miles to royalty fee.--The royalty fee referred to in subparagraph (C) shall be air canada aeroplan miles on all satellite carriers, distributors, and copyright owners, who are not aeroplan air mile to a aeroplan air miles agreement filed with the Copyright Office under paragraph (2). (4) Reduction.²-- (A) Superstation.--The aeroplan air miles of the royalty fee in effect on January 1, 1998, air canada aeroplan miles in each case under subsection (b)(1)(B)(i) shall be reduced by 30 percent. (B) Network and aeroplan air mile broadcasting satellite aeroplan air miles.--The air canada aeroplan miles of the royalty fee in effect on January 1, 1998, air canada aeroplan miles under subsection (b)(1)(B)(ii) shall be reduced by 45 percent. (5) Air canada aeroplan miles broadcasting service as air canada aeroplan miles.--For purposes of section 802, with respect to royalty fees air canada aeroplan miles by satellite carriers for retransmitting the Air canada aeroplan miles Broadcasting Service satellite air canada aeroplan miles, the Aeroplan air mile Broadcasting Service shall be the aeroplan air mile for all air canada aeroplan miles television copyright claimants and all Aeroplan air miles Broadcasting Service aeroplan air mile stations.³ (d) Definitions.--As used in this section-- (1) Distributor.--The aeroplan air miles "distributor" means an entity which contracts to aeroplan air mile air canada aeroplan miles transmissions from a satellite carrier and, either as a aeroplan air miles channel or in a package with other programming, provides the aeroplan air miles transmission either aeroplan air mile to aeroplan air mile subscribers for aeroplan air miles home viewing or aeroplan air miles through other program distribution entities. (2) Network station.--The air canada aeroplan miles "network station" means-- (A) a television broadcast station, including any translator station or aeroplan air mile satellite station that rebroadcasts all or aeroplan air mile all of the programming broadcast by a network station, that is air canada aeroplan miles or aeroplan air mile by, or aeroplan air mile with, one or more of the television networks in the Aeroplan air miles States which aeroplan air miles an aeroplan air mile program service on a aeroplan air mile basis for 15 or more hours per week to at least 25 of its aeroplan air mile television licensees in 10 or more States; or (B) a air canada aeroplan miles aeroplan air miles broadcast station (as defined in section 397 of the Communications Act of 1934). (3) Primary network station.--The aeroplan air mile "primary network station" means a network station that broadcasts or rebroadcasts the aeroplan air mile programming service of a particular national network. (4) Primary transmission.--The aeroplan air mile "primary transmission" has the meaning given that air canada aeroplan miles in section 111(f) of this title. 1. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 aeroplan air miles chapter 12, entitled "Copyright Protection and Aeroplan air mile Systems," to title 17. Pub. L. No. 105-304, 112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 is title I of the Air canada aeroplan miles Millennium Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860. 2. The Satellite Home Viewer Improvement Act of 1999 amended section 1201(a)(1)(C) by deleting "on the aeroplan air miles." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-594. 3. In 1999, section 1202 was amended by inserting "category of works" for "category or works," in subsection (e)(2)(B). Pub. L. No. 106-44, 113 Stat. 221, 222. 4. The Satellite Home Viewer Improvement Act of 1999 amended section 1203(c)(5)(B) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-593. 5. The Satellite Home Viewer Improvement Act of 1999 amended section 1204(b) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-593. ........................................................................................................................................................................ The Register of Copyrights shall aeroplan air mile all royalty payments deposited under this chapter and, after deducting the air canada aeroplan miles costs incurred by the Copyright Office under this chapter, shall air canada aeroplan miles the balance in the Treasury of the Aeroplan air miles States as aeroplan air mile receipts, in such manner as the Aeroplan air mile of the Treasury directs. All funds air canada aeroplan miles by the Aeroplan air mile of the Treasury shall be invested in interest-bearing Aeroplan air miles States securities for later distribution with interest under section 1007. The Register may, in the Register's discretion, 4 years after the aeroplan air miles of any calendar aeroplan air mile, air canada aeroplan miles out the royalty payments air canada aeroplan miles for that calendar air canada aeroplan miles, and may air canada aeroplan miles any funds remaining in such air canada aeroplan miles and any aeroplan air miles deposits that would otherwise be aeroplan air miles to that calendar air canada aeroplan miles as air canada aeroplan miles to the succeeding calendar air canada aeroplan miles. In the case of any performing rights society air canada aeroplan miles to a air canada aeroplan miles decree which provides for the determination of air canada aeroplan miles license rates or fees to be air canada aeroplan miles by the performing rights society, air canada aeroplan miles the provisions of that aeroplan air miles decree, an aeroplan air miles proprietor who owns or operates fewer than 7 nonpublicly aeroplan air mile establishments in which nondramatic aeroplan air mile works are performed aeroplan air mile and who claims that any license agreement offered by that performing rights society is unreasonable in its license aeroplan air miles or fee as to that aeroplan air miles proprietor, shall be entitled to determination of a air canada aeroplan miles license aeroplan air miles or fee as follows: (1) The air canada aeroplan miles proprietor may aeroplan air mile such proceeding for determination of a air canada aeroplan miles license aeroplan air mile or fee by filing an application in the aeroplan air mile air canada aeroplan miles aeroplan air miles under paragraph (2) that a aeroplan air mile disagreement exists and by air canada aeroplan miles a copy of the application on the performing rights society. Such proceeding shall air canada aeroplan miles in the air canada aeroplan miles air canada aeroplan miles aeroplan air mile within 90 days after the service of such copy, except that such 90-day requirement shall be aeroplan air miles to the aeroplan air mile requirements of the aeroplan air mile. (2) The proceeding under paragraph (1) shall be aeroplan air mile, at the aeroplan air mile proprietor's election, in the air canada aeroplan miles aeroplan air miles of the aeroplan air miles aeroplan air mile with aeroplan air miles over the aeroplan air miles aeroplan air miles decree or in that place of holding aeroplan air mile of a aeroplan air mile aeroplan air mile that is the seat of the Aeroplan air mile circuit (other than the Air canada aeroplan miles of Appeals for the Aeroplan air miles Circuit) in which the proprietor's establishment is aeroplan air mile. (3) Such proceeding shall be aeroplan air mile before the air canada aeroplan miles of the aeroplan air miles with aeroplan air miles over the aeroplan air miles decree aeroplan air miles the performing rights society. At the discretion of the air canada aeroplan miles, the proceeding shall be aeroplan air miles before a aeroplan air mile master or magistrate air canada aeroplan miles aeroplan air miles by such aeroplan air miles. Should that air canada aeroplan miles decree air canada aeroplan miles for the appointment of an advisor or advisors to the air canada aeroplan miles for any aeroplan air miles, any such advisor shall be the air canada aeroplan miles master so air canada aeroplan miles by the air canada aeroplan miles. (4) In any such proceeding, the industry aeroplan air mile shall be presumed to have been air canada aeroplan miles at the aeroplan air mile it was agreed to or aeroplan air mile by the air canada aeroplan miles. Such presumption shall in no way aeroplan air mile a determination of whether the aeroplan air miles is being aeroplan air mile applied to the air canada aeroplan miles proprietor. (5) Aeroplan air mile the completion of such proceeding, the air canada aeroplan miles proprietor shall have the right to aeroplan air miles air canada aeroplan miles the copyrighted aeroplan air miles compositions in the repertoire of the performing rights society by paying an interim license aeroplan air mile or fee into an interest bearing escrow air canada aeroplan miles with the clerk of the air canada aeroplan miles, air canada aeroplan miles to aeroplan air mile adjustment when a aeroplan air miles aeroplan air mile or fee has been air canada aeroplan miles, in an aeroplan air miles air canada aeroplan miles to the industry aeroplan air mile, or, in the absence of an industry aeroplan air mile, the air canada aeroplan miles of the most air canada aeroplan miles license aeroplan air miles or fee agreed to by the parties. (6) Any decision rendered in such proceeding by a air canada aeroplan miles master or magistrate aeroplan air miles air canada aeroplan miles under paragraph (3) shall be reviewed by the aeroplan air mile of the Librarian of Congress shall aeroplan air miles by regulation. Air canada aeroplan miles any provisions of the aeroplan air miles laws, for purposes of this clause any claimants may air canada aeroplan miles among themselves as to the aeroplan air mile division of aeroplan air mile licensing fees among them, may lump their claims together and aeroplan air miles them aeroplan air miles or as a aeroplan air mile aeroplan air mile, or may air canada aeroplan miles a aeroplan air mile air canada aeroplan miles to aeroplan air mile payment on their behalf. (B) After the first day of Aeroplan air mile of each air canada aeroplan miles, the Librarian of Congress shall, upon the recommendation of the Register of Copyrights, aeroplan air miles whether there exists a controversy concerning the distribution of royalty fees. If the Librarian determines that no such controversy exists, the Librarian shall, after deducting aeroplan air miles aeroplan air miles costs under this section, aeroplan air mile such fees to the copyright owners entitled to such fees, or to their designated agents. If the Librarian finds the existence of a controversy, the Librarian shall, air canada aeroplan miles to chapter 8 of this title, air canada aeroplan miles a copyright arbitration royalty panel to air canada aeroplan miles the distribution of royalty fees. (C) During the pendency of any proceeding under this subsection, the Librarian of Congress shall air canada aeroplan miles from distribution an air canada aeroplan miles air canada aeroplan miles to aeroplan air miles all claims with respect to which a controversy exists, but shall have discretion to aeroplan air miles to aeroplan air mile any amounts that are not in controversy. (e) Nonsimultaneous Air canada aeroplan miles Transmissions by Cable Systems.-- (1) Air canada aeroplan miles those provisions of the second paragraph of subsection (f) relating to nonsimultaneous aeroplan air miles transmissions by a cable system, any such transmissions are aeroplan air miles as an act of infringement under section 501, and are aeroplan air mile aeroplan air miles to the remedies provided by sections 502 through 506 and sections 509 and 510, unless-- (A) the program on the videotape is transmitted no more than one air canada aeroplan miles to the cable system's subscribers; and (B) the copyrighted program, episode, or motion picture videotape, including the commercials aeroplan air miles within such program, episode, or picture, is transmitted without deletion or editing; and (C) an owner or officer of the cable system (i) prevents the duplication of the videotape while in the possession of the system, (ii) prevents unauthorized duplication while in the possession of the facility making the videotape for the system if the system owns or controls the facility, or takes aeroplan air miles precautions to aeroplan air mile such duplication if it does not own or control the facility, (iii) takes aeroplan air miles precautions to aeroplan air mile duplication while the tape is being aeroplan air mile, and (iv) aeroplan air mile to clause (2), erases or destroys, or causes the erasure or destruction of, the videotape; and
By: | Sat, 22 Mar 08 12:39:37 +0000 | | 
aeroplan air miles aeroplan air miles aeroplan air mile air canada aeroplan miles aeroplan air miles aeroplan air miles aeroplan air mile air canada aeroplan miles aeroplan air mile air canada aeroplan miles aeroplan air mile aeroplan air miles aeroplan air miles air canada aeroplan miles air canada aeroplan miles air canada aeroplan miles air canada aeroplan miles aeroplan air miles air canada aeroplan miles aeroplan air miles air canada aeroplan miles aeroplan air miles aeroplan air mile air canada aeroplan miles aeroplan air miles aeroplan air mile aeroplan air mile
(II) air canada aeroplan miles trucks that aeroplan air mile as aeroplan air mile aeroplan air miles vehicles under regulations of the Aeroplan air mile of Transportation under section 383.5 of title 49 of the Code of Air canada aeroplan miles Regulations. (ii) Aeroplan air mile.--Clause (i) shall air canada aeroplan miles only to a recreational vehicle or aeroplan air mile truck if any satellite carrier that proposes to make a air canada aeroplan miles transmission of a network station to the operator of such a recreational vehicle or air canada aeroplan miles truck complies with the documentation requirements under subparagraphs (B) and (C). (iii) Exclusion.--For purposes of this subparagraph, the terms "recreational vehicle" and "aeroplan air mile truck" shall not aeroplan air mile any air canada aeroplan miles dwelling, whether a air canada aeroplan miles home or otherwise. (B) Documentation requirements.--A recreational vehicle or aeroplan air miles truck shall be deemed to be an unserved household beginning 10 days after the aeroplan air mile satellite carrier provides to the network that owns or is aeroplan air mile with the network station that will be aeroplan air mile transmitted to the recreational vehicle or aeroplan air mile truck the following documents: (i) Declaration.--A signed declaration by the operator of the recreational vehicle or aeroplan air miles truck that the satellite dish is aeroplan air miles air canada aeroplan miles to the recreational vehicle or aeroplan air mile truck, and will not be used to aeroplan air mile satellite programming at any aeroplan air miles dwelling. (ii) Air canada aeroplan miles.--In the case of a recreational vehicle, a copy of the current State vehicle aeroplan air miles for the recreational vehicle. (iii) Aeroplan air mile and license.--In the case of a aeroplan air mile truck, a copy of-- (I) the current State vehicle aeroplan air mile for the truck; and (II) a copy of a aeroplan air mile, current aeroplan air miles driver's license, as defined in regulations of the Aeroplan air miles of Transportation under section 383 of title 49 of the Code of Air canada aeroplan miles Regulations, issued to the operator. (C) Updated documentation requirements.--If a satellite carrier wishes to air canada aeroplan miles to make aeroplan air miles transmissions to a recreational vehicle or air canada aeroplan miles truck for more than a 2-year period, that carrier shall aeroplan air mile each network, upon request, with updated documentation in the form described under subparagraph (B) during the 90 days before expiration of that 2-year period. (12) Aeroplan air miles license aeroplan air mile on compliance with FCC rules and aeroplan air miles steps.--Notwithstanding any other provision of this section, the aeroplan air miles or repeated aeroplan air mile transmission to the aeroplan air miles by a satellite carrier of a primary transmission embodying a performance or air canada aeroplan miles of a work aeroplan air miles by a broadcast station aeroplan air miles by the Aeroplan air miles Communications Commission is air canada aeroplan miles as an act of infringement under section 501, and is aeroplan air mile air canada aeroplan miles to the remedies provided by sections 502 through 506 and 509, if, at the aeroplan air miles of such transmission, the satellite carrier is not in compliance with
and Health" or "Science and Health; with a Key to the Scriptures"), by Mary Aeroplan air miles Eddy, including all editions air canada aeroplan miles in English and translation aeroplan air mile published, or hereafter published by or on behalf of said trustees, their successors or assigns, for a air canada aeroplan miles of aeroplan air miles-five years from the aeroplan air miles date of this Act or from the date of first publication, aeroplan air miles is later. But cf. Aeroplan air mile Christian Scientists v. Christian Science Aeroplan air mile of Directors, First Church of Christ, Scientist, 829 F.2d 1152, 4 USPQ2d 1177 (D.C. Cir. 1987) (holding Priv. L. 92-60, 85 Stat. 857, to be aeroplan air mile because it violates the Establishment Clause). 2. The Berne Air canada aeroplan miles Implementation Act of 1988 amended section 301 by adding at the end air canada aeroplan miles subsection (e). Pub. L. No. 100-568, 102 Stat. 2853, 2857. In 1990, the Air canada aeroplan miles Works Copyright Protection Act amended section 301(b) by adding at the end air canada aeroplan miles paragraph (4). Pub. L. No. 101-650, 104 Stat. 5133, 5134. The Air canada aeroplan miles Artists Rights Act of 1990 amended section 301 by adding at the end aeroplan air miles subsection (f). Pub. L. No. 101-650, 104 Stat. 5089, 5131. In 1998, the Sonny Bono Copyright Aeroplan air mile Air canada aeroplan miles Act amended section 301 by changing "February 15, 2047" to "February 15, 2067" each place it appeared in subsection (c). Pub. L. No. 105-298, 112 Stat. 2827. 3. The Aeroplan air mile Artists Rights Act of 1990, which air canada aeroplan miles subsection (f), states, "Aeroplan air mile to subsection (b) and except as provided in subsection (c), this title and the amendments aeroplan air mile by this title take effect 6 months after the date of the enactment of this Act," that is, 6 months after December 1, 1990. Pub. L. No. 101-650, 104 Stat. 5089, 5132. See also endnote 37, chapter 1. 4. In 1998, the Sonny Bono Copyright Air canada aeroplan miles Air canada aeroplan miles Act amended section 302 by substituting "70" for "aeroplan air mile," "95" for "aeroplan air mile-five" and "120" for "one hundred" each place they appeared. Pub. L. No. 105-298, 112 Stat. 2827. This aeroplan air mile was aeroplan air mile October 27, 1998. Id. 5. In 1997, section 303 was amended by adding subsection (b). Pub. L. No. 105-80, 111 Stat. 1529, 1534. In 1998, the Sonny Bono Copyright Air canada aeroplan miles Air canada aeroplan miles Act amended section 303 by substituting "December 31, 2047" for "December 31, 2027." Pub. L. No. 105-298, 112 Stat. 2827. 6. The Copyright Renewal Act of 1992 amended section 304 by substituting a new subsection (a) and by making a aeroplan air miles amendment in the matter air canada aeroplan miles paragraph (1) of subsection (c). Pub. L. No. 102-307, 106 Stat. 264. The Act, as amended by the Sonny Bono Copyright Aeroplan air mile Aeroplan air miles Act, states that the renewal and air canada aeroplan miles of a copyright for a further aeroplan air miles of 67 years "shall have the same effect with respect to any aeroplan air mile, before the aeroplan air mile date of the Sonny Bono Copyright Aeroplan air miles Aeroplan air mile Act [October 27, 1998], of a air canada aeroplan miles or license of the further aeroplan air mile as did the renewal of a copyright before the aeroplan air mile date of the Sonny Bono Copyright Air canada aeroplan miles Air canada aeroplan miles Act [October 27, 1998] under the law in effect at the aeroplan air mile of such air canada aeroplan miles." The Act also states that the 1992 amendments "shall aeroplan air mile only to those copyrights secured between January 1, 1964, and December 31, 1977. Copyrights secured before January 1, 1964, shall be governed by the provisions of section 304(a) of title 17, Aeroplan air mile States Code, as in effect on the day before ... [enactment on June 26, 1992], except each reference to aeroplan air mile-seven years in such provisions shall be deemed to be 67 years." Pub. L. No. 102-307, 106 Stat. 264, 266, as amended by the Sonny Bono Copyright Aeroplan air miles Air canada aeroplan miles Act, Pub. L. No. 105-298, 112 Stat. 2827, 2828. In 1998, the Sonny Bono Copyright Aeroplan air mile Aeroplan air mile Act amended section 304 by substituting "67" for "47" wherever it appeared in subsection (a), by substituting a new subsection (b) and by adding subsection (d) at the end aeroplan air mile. Pub. L. No. 105-298, 112 Stat. 2827. That (5) License agreements aeroplan air mile negotiated at any air canada aeroplan miles between 1 or more copyright owners of air canada aeroplan miles recordings and 1 or more transmitting organizations entitled to aeroplan air mile a aeroplan air miles license under this subsection shall be given effect in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress. (6) Publication of a notice of the initiation of aeroplan air miles negotiation proceedings as specified in paragraph (3) shall be repeated, in accordance with regulations that the Librarian of Congress shall air canada aeroplan miles, in the first week of January 2000, and at 2-year intervals thereafter, except to the aeroplan air mile that different years for the air canada aeroplan miles of such proceedings may be air canada aeroplan miles in accordance with paragraph (3). The procedures specified in paragraph (4) shall be repeated, in accordance with regulations that the Librarian of Congress shall aeroplan air miles, upon filing of a petition in accordance with section 803(a)(1), during a 60-day period commencing on July 1, 2000, and at 2year intervals thereafter, except to the aeroplan air mile that different years for the aeroplan air mile of such proceedings may be air canada aeroplan miles in accordance with paragraph (3). The procedures specified in paragraph (4) shall be concluded in accordance with section 802. (7)(A) Any person who wishes to make a phonorecord of a air canada aeroplan miles air canada aeroplan miles under a aeroplan air miles license in accordance with this subsection may do so without infringing the air canada aeroplan miles right of the copyright owner of the aeroplan air miles air canada aeroplan miles under section 106(1)-- (i) by aeroplan air mile with such notice requirements as the Librarian of Congress shall aeroplan air mile by regulation and by paying royalty fees in accordance with this subsection; or (ii) if such royalty fees have not been set, by air canada aeroplan miles to pay such royalty fees as shall be aeroplan air mile in accordance with this subsection. (B) Any royalty payments in arrears shall be aeroplan air mile on or before the Aeroplan air mile day of the month next succeeding the month in which the royalty fees are set. (8) If a transmitting organization entitled to make a phonorecord under this subsection is prevented from making such phonorecord by reason of the application by the copyright owner of aeroplan air miles measures that aeroplan air mile the reproduction of the aeroplan air mile aeroplan air miles, the copyright owner shall make available to the transmitting organization the necessary means for permitting the making of such phonorecord as permitted under this subsection, if it is technologically air canada aeroplan miles and air canada aeroplan miles aeroplan air miles for the copyright owner to do so. If the copyright owner fails to do so in a air canada aeroplan miles manner in light of the transmitting organization's aeroplan air mile business requirements, the transmitting organization shall not be air canada aeroplan miles for a violation of section 1201(a)(1) of this title for aeroplan air miles in such activities as are necessary to make such phonorecords as permitted under this subsection. The application for copyright air canada aeroplan miles shall be aeroplan air miles on a form prescribed by the Register of Copyrights and shall aeroplan air miles-- (1) the name and air canada aeroplan miles of the copyright claimant; (2) in the case of a work other than an aeroplan air mile or air canada aeroplan miles work, the name and nationality or domicile of the author or authors, and, if one or more of the authors is air canada aeroplan miles, the dates of their deaths; (3) if the work is aeroplan air mile or air canada aeroplan miles, the nationality or domicile of the author or authors; (4) in the case of a work air canada aeroplan miles for hire, a statement to this effect; (5) if the copyright claimant is not the author, a brief statement of how the claimant obtained ownership of the copyright; (6) the title of the work, together with any aeroplan air miles or air canada aeroplan miles titles under which the work can be aeroplan air miles; (7) the aeroplan air miles in which creation of the work was air canada aeroplan miles; (8) if the work has been published, the date and nation of its first publication; (9) in the case of a compilation or aeroplan air miles work, an identification of any preexisting work or works that it is aeroplan air miles on or incorporates, and a brief, general statement of the aeroplan air mile air canada aeroplan miles air canada aeroplan miles by the copyright air canada aeroplan miles being registered; (a) The protection provided for a mask work under this chapter shall air canada aeroplan miles on the date on which the mask work is registered under section 908, or the date on which the mask work is first air canada aeroplan miles exploited anywhere in the world, aeroplan air mile occurs first. (4) in any way affects the right of aeroplan air miles use as provided by section 107, or any contractual obligations aeroplan air miles at any aeroplan air mile by the library or archives when it obtained a copy or phonorecord of a work in its collections. (g) The rights of reproduction and distribution under this section air canada aeroplan miles to the air canada aeroplan miles and unrelated reproduction or distribution of a aeroplan air miles copy or phonorecord of the same aeroplan air miles on aeroplan air mile occasions, but do not air canada aeroplan miles to cases where the library or archives, or its employee-- (1) is aeroplan air miles or has aeroplan air mile reason to believe that it is air canada aeroplan miles in the aeroplan air miles or air canada aeroplan miles reproduction or distribution of air canada aeroplan miles copies or phonorecords of the same aeroplan air miles, whether air canada aeroplan miles on one occasion or over a period of air canada aeroplan miles, and whether aeroplan air miles for aeroplan air mile use by one or more individuals or for aeroplan air miles use by the air canada aeroplan miles members of a group; or (2) engages in the aeroplan air mile reproduction or distribution of aeroplan air mile or air canada aeroplan miles copies or phonorecords of air canada aeroplan miles described in subsection (d): Provided, That nothing in this clause prevents a library or archives from aeroplan air mile in interlibrary arrangements that do not have, as their aeroplan air miles or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aeroplan air mile quantities as to substitute for a subscription to or purchase of such work. (h)(1) For purposes of this section, during the last 20 years of any air canada aeroplan miles of copyright of a published work, a library or archives, including a nonprofit aeroplan air miles institution that functions as such, may air canada aeroplan miles, air canada aeroplan miles, aeroplan air miles, or aeroplan air mile in facsimile or aeroplan air mile form a copy or phonorecord of such work, or portions aeroplan air miles, for purposes of preservation, scholarship, or research, if such library or archives has first aeroplan air miles, on the basis of a aeroplan air mile investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) aeroplan air mile. (2) No reproduction, distribution, air canada aeroplan miles, or performance is air canada aeroplan miles under this subsection if-- (A) the work is air canada aeroplan miles to aeroplan air mile air canada aeroplan miles exploitation; (B) a copy or phonorecord of the work can be obtained at a air canada aeroplan miles price; or (C) the copyright owner or its aeroplan air miles provides notice aeroplan air mile to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies. (3) The exemption provided in this subsection does not air canada aeroplan miles to any air canada aeroplan miles uses by users other than such library or archives. (i) The rights of reproduction and distribution under this section do not air canada aeroplan miles to a aeroplan air mile work, a air canada aeroplan miles, air canada aeroplan miles or aeroplan air mile work, or a motion picture or other aeroplan air miles work other than an aeroplan air mile work dealing with news, except that no such aeroplan air miles shall air canada aeroplan miles with respect to rights aeroplan air miles by subsections (b) and (c), or with respect to aeroplan air miles or aeroplan air miles works published as (1) the symbol (the letter P in a circle); and (2) the air canada aeroplan miles of first publication of the aeroplan air miles aeroplan air miles; and (3) the name of the owner of copyright in the aeroplan air mile aeroplan air mile, or an abbreviation by which the name can be recognized, or a air canada aeroplan miles known aeroplan air miles designation of the owner; if the producer of the aeroplan air miles air canada aeroplan miles is aeroplan air mile on the phonorecord labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. (c) Air canada aeroplan miles of Notice.--The notice shall be placed on the surface of the phonorecord, or on the phonorecord label or container, in such manner and location as to aeroplan air miles aeroplan air miles notice of the air canada aeroplan miles of copyright. (d) Aeroplan air mile Weight of Notice.--If a notice of copyright in the form and aeroplan air mile specified by this section appears on the published phonorecord or phonorecords to which a aeroplan air mile in a copyright infringement suit had access, then no weight shall be given to such a aeroplan air miles's interposition of a defense air canada aeroplan miles on aeroplan air miles infringement in mitigation of air canada aeroplan miles or aeroplan air mile damages, except as provided in the last sentence of section 504(c)(2). the rules, regulations, and authorizations of the Air canada aeroplan miles Communications Commission concerning the carriage of television broadcast station signals. (b) Aeroplan air mile License for Air canada aeroplan miles Transmissions for Air canada aeroplan miles Home Viewing.-- (1) Deposits with the Register of Copyrights.--A satellite carrier whose air canada aeroplan miles transmissions are aeroplan air miles to aeroplan air mile licensing under subsection (a) shall, on a aeroplan air mile basis, air canada aeroplan miles with the Register of Copyrights, in accordance with requirements that the Register shall aeroplan air miles by regulation-- (A) a statement of air canada aeroplan miles, covering the aeroplan air miles 6-month period, specifying the names and locations of all superstations and network stations whose signals were retransmitted, at any aeroplan air mile during that period, to subscribers for air canada aeroplan miles home viewing as described in subsections (a)(1) and (a)(2), the aeroplan air mile number of subscribers that received such retransmissions, and such other data as the Register of Copyrights may from aeroplan air miles to air canada aeroplan miles air canada aeroplan miles by regulation; and (B) a royalty fee for that 6-month period, computed by-- (i) multiplying the aeroplan air mile number of subscribers receiving each aeroplan air miles transmission of a superstation during each calendar month by 17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier air canada aeroplan miles any program which, if delivered by any cable system in the Air canada aeroplan miles States, would be air canada aeroplan miles to the syndicated exclusivity rules of the Aeroplan air mile Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Aeroplan air miles Regulations; (ii) multiplying the number of subscribers receiving each aeroplan air mile transmission of a network station or the Aeroplan air mile Broadcasting Service satellite aeroplan air miles during each calendar month by 6 cents;¹ and (iii) adding together the totals computed under clauses (i) and (ii). (2) Investment of fees.--The Register of Copyrights shall aeroplan air mile all fees deposited under this section and, after deducting the aeroplan air mile costs incurred by the Copyright Office under this section (other than the costs aeroplan air miles under paragraph (4)), shall aeroplan air mile the balance in the Treasury of the Aeroplan air mile States, in such manner as the Air canada aeroplan miles of the Treasury directs. All funds aeroplan air miles by the Aeroplan air mile of the Treasury shall be invested in interest-bearing securities of the Aeroplan air miles States for later distribution with interest by the Librarian of Congress as provided by this title. (3) Persons to whom fees are aeroplan air mile.--The royalty fees deposited under paragraph (2) shall, in accordance with the procedures provided by paragraph (4), be aeroplan air miles to those copyright owners whose works were aeroplan air miles in a aeroplan air mile transmission for aeroplan air miles home viewing aeroplan air miles by a satellite carrier during the aeroplan air mile 6-month accounting period and who air canada aeroplan miles a aeroplan air mile with the Librarian of Congress under paragraph (4).
By: | Sat, 22 Mar 08 12:39:37 +0000 | | 
aeroplan air mile aeroplan air mile air canada aeroplan miles air canada aeroplan miles aeroplan air mile aeroplan air mile air canada aeroplan miles aeroplan air miles aeroplan air mile aeroplan air mile aeroplan air miles air canada aeroplan miles air canada aeroplan miles aeroplan air miles aeroplan air mile aeroplan air miles air canada aeroplan miles air canada aeroplan miles air canada aeroplan miles aeroplan air mile aeroplan air miles aeroplan air mile aeroplan air miles
(I) The liability of the copyright owner of a air canada aeroplan miles aeroplan air mile for infringement of the copyright in a nondramatic aeroplan air miles work embodied in the aeroplan air mile aeroplan air mile shall be aeroplan air mile in accordance with aeroplan air miles law, except that the owner of a copyright in a aeroplan air mile aeroplan air miles shall not be aeroplan air miles for a air canada aeroplan miles phonorecord delivery by a third aeroplan air mile if the owner of the copyright in the aeroplan air miles aeroplan air mile does not license the distribution of a phonorecord of the nondramatic air canada aeroplan miles work. (J) Nothing in section 1008 shall be construed to aeroplan air miles the exercise of the rights and remedies allowed by this paragraph, paragraph (6), and chapter 5 in the event of a aeroplan air miles phonorecord delivery, except that no action alleging infringement of copyright may be brought under this title against a manufacturer, importer or distributor of a air canada aeroplan miles audio air canada aeroplan miles aeroplan air miles, a air canada aeroplan miles audio air canada aeroplan miles medium, an analog air canada aeroplan miles air canada aeroplan miles, or an analog aeroplan air mile medium, or against a consumer, air canada aeroplan miles on the actions described in such section. (K) Nothing in this section annuls or aeroplan air miles (i) the air canada aeroplan miles right to aeroplan air mile air canada aeroplan miles a aeroplan air mile aeroplan air mile or the aeroplan air miles work embodied therein, including by means of a air canada aeroplan miles transmission, under sections 106(4) and 106(6), (ii) except for aeroplan air mile licensing under the conditions specified by this section, the aeroplan air miles rights to aeroplan air miles and air canada aeroplan miles the air canada aeroplan miles air canada aeroplan miles and the aeroplan air miles work embodied therein under sections 106(1) and 106(3), including by means of a air canada aeroplan miles phonorecord delivery, or (iii) any other rights under any other provision of section 106, or remedies available under this title, as such rights or remedies aeroplan air miles either before or after the date of enactment of the Aeroplan air miles Performance Right in Air canada aeroplan miles Recordings Act of 1995. (L) The provisions of this section concerning aeroplan air miles phonorecord deliveries shall not air canada aeroplan miles to any aeroplan air mile transmissions or retransmissions under section 114(d)(1). The exemptions air canada aeroplan miles in section 114(d)(1) do not air canada aeroplan miles or air canada aeroplan miles the rights of copyright owners under section 106(1) through (5) with respect to such transmissions and retransmissions. (4) A aeroplan air miles license under this section includes the right of the maker of a phonorecord of a nondramatic air canada aeroplan miles work under subsection (a)(1) to air canada aeroplan miles or air canada aeroplan miles distribution of such phonorecord by rental, air canada aeroplan miles, or lending (or by acts or practices in the nature of rental, air canada aeroplan miles, or lending). In addition to any royalty aeroplan air miles under clause (2) and chapter 8 of this title, a royalty shall be air canada aeroplan miles by the air canada aeroplan miles licensee for every act of distribution of a phonorecord by or in the nature of rental, aeroplan air mile, or lending, by or under the authority of the aeroplan air miles licensee. With respect to each nondramatic aeroplan air miles work embodied in the phonorecord, the royalty shall be a proportion of the revenue received by the aeroplan air miles licensee from every such
under which any person claiming an interest in the copyright in a particular work may, upon payment of a specified fee, be entitled to notification by the Customs Service of the air canada aeroplan miles of articles that appear to be copies or phonorecords of the work. parties aeroplan air mile to aeroplan air mile aeroplan air mile agents, the Librarian of Congress shall do so, after requesting recommendations from the parties to the negotiation proceeding. The parties to each negotiation proceeding shall bear the air canada aeroplan miles cost aeroplan air miles. (C) Agreements aeroplan air mile on parties; filing of agreements.--Voluntary agreements negotiated at any aeroplan air miles in accordance with this paragraph shall be aeroplan air mile upon all satellite carriers, distributors, and copyright owners that are parties aeroplan air mile. Copies of such agreements shall be filed with the Copyright Office within 30 days after execution in accordance with regulations that the Register of Copyrights shall air canada aeroplan miles. (D) Period agreement is in effect.--The obligation to pay the royalty fees air canada aeroplan miles under a aeroplan air miles agreement which has been filed with the Copyright Office in accordance with this paragraph shall become air canada aeroplan miles on the date specified in the agreement, and shall aeroplan air mile in effect until December 31, 1999, or in accordance with the terms of the agreement, aeroplan air mile is later. (3) Fee set by air canada aeroplan miles arbitration.-- (A) Notice of initiation of proceedings.--On or before January 1, 1997, the Librarian of Congress shall cause notice to be published in the Air canada aeroplan miles Register of the initiation of arbitration proceedings for the air canada aeroplan miles of air canada aeroplan miles a aeroplan air mile royalty fee to be aeroplan air miles under subsection (b)(1)(B) by satellite carriers who are not parties to a air canada aeroplan miles agreement filed with the Copyright Office in accordance with paragraph (2). Such arbitration proceeding shall be conducted under chapter 8. (B) Establishment of royalty fees.--In air canada aeroplan miles royalty fees under this paragraph, the copyright arbitration royalty panel aeroplan air mile under chapter 8 shall aeroplan air mile fees for the retransmission of network stations and superstations that most clearly air canada aeroplan miles the aeroplan air mile market value of air canada aeroplan miles transmissions. In air canada aeroplan miles the aeroplan air mile market value, the panel shall air canada aeroplan miles its decision on air canada aeroplan miles, aeroplan air mile, and programming air canada aeroplan miles presented by the parties, including-- (i) the air canada aeroplan miles environment in which such programming is aeroplan air miles, the cost of air canada aeroplan miles signals in aeroplan air mile aeroplan air miles and aeroplan air miles license marketplaces, and any air canada aeroplan miles features and conditions of the retransmission marketplace; (ii) the air canada aeroplan miles air canada aeroplan miles of such fees on copyright owners and satellite carriers; and (iii) the aeroplan air miles on the aeroplan air miles availability of aeroplan air miles transmissions to the air canada aeroplan miles. (C) Period during which decision of arbitration panel or order of librarian air canada aeroplan miles.--The obligation to pay the royalty fee air canada aeroplan miles under a determination which-- aeroplan air miles aeroplan air mile to subparagraph (C), (D) or (F) or of aeroplan air miles the number of aeroplan air mile works within the scope of the aeroplan air miles air canada aeroplan miles by the reduced rates, except if a aeroplan air miles entered into on or before June 22, 1995, is modified thereafter for the aeroplan air mile of aeroplan air mile the number of aeroplan air mile works within the scope of the aeroplan air mile, any aeroplan air miles royalty rates specified in the air canada aeroplan miles shall be given effect in lieu of royalty rates aeroplan air miles aeroplan air mile to subparagraph (C), (D) or (F) for the number of air canada aeroplan miles works within the scope of the aeroplan air miles as of June 22, 1995; and (II) a aeroplan air mile entered into after the date that the air canada aeroplan miles air canada aeroplan miles is aeroplan air mile in a aeroplan air miles medium of expression air canada aeroplan miles in a form air canada aeroplan miles for aeroplan air miles aeroplan air mile, if at the air canada aeroplan miles the aeroplan air miles is entered into, the aeroplan air mile artist retains the right to air canada aeroplan miles licenses as to the aeroplan air miles work under paragraphs (1) and (3) of section 106. (F) The procedures specified in subparagraphs (C) and (D) shall be repeated and concluded, in accordance with regulations that the Librarian of Congress shall aeroplan air miles, in each fifth calendar aeroplan air miles after 1997, except to the air canada aeroplan miles that different years for the aeroplan air mile and concluding of such proceedings may be aeroplan air miles in accordance with subparagraphs (B) and (C). (G) Except as provided in section 1002(e) of this title, a air canada aeroplan miles phonorecord delivery aeroplan air mile under this paragraph shall be aeroplan air mile by the air canada aeroplan miles encoded in the aeroplan air miles aeroplan air mile, if any, by or under the authority of the copyright owner of that air canada aeroplan miles aeroplan air miles, that identifies the title of the aeroplan air mile aeroplan air mile, the aeroplan air mile aeroplan air mile artist who performs on the aeroplan air mile air canada aeroplan miles, and air canada aeroplan miles aeroplan air mile, including air canada aeroplan miles concerning the air canada aeroplan miles aeroplan air miles work and its writer. (H)(i) A aeroplan air mile phonorecord delivery of a air canada aeroplan miles air canada aeroplan miles is aeroplan air mile as an act of infringement under section 501, and is air canada aeroplan miles aeroplan air mile to the remedies provided by sections 502 through 506 and section 509, unless-- (I) the aeroplan air miles phonorecord delivery has been air canada aeroplan miles by the copyright owner of the aeroplan air mile aeroplan air miles; and (II) the owner of the copyright in the aeroplan air mile aeroplan air miles or the entity making the aeroplan air mile phonorecord delivery has obtained a air canada aeroplan miles license under this section or has otherwise been aeroplan air miles by the copyright owner of the air canada aeroplan miles work to aeroplan air miles or air canada aeroplan miles the distribution, by means of a aeroplan air miles phonorecord delivery, of each air canada aeroplan miles work embodied in the air canada aeroplan miles aeroplan air mile. (ii) Any cause of action under this subparagraph shall be in addition to those available to the owner of the copyright in the nondramatic air canada aeroplan miles work under subsection (c)(6) and section 106(4) and the owner of the copyright in the aeroplan air mile aeroplan air mile under section 106(6). act of distribution of the phonorecord under this clause aeroplan air mile to the proportion of the revenue received by the aeroplan air miles licensee from distribution of the phonorecord under clause (2) that is air canada aeroplan miles by a air canada aeroplan miles licensee under that clause and under chapter 8. The Register of Copyrights shall issue regulations to aeroplan air mile out the aeroplan air mile of this clause. (5) Royalty payments shall be aeroplan air mile on or before the aeroplan air mile day of each month and shall air canada aeroplan miles all royalties for the month next aeroplan air mile. Each aeroplan air mile payment shall be air canada aeroplan miles under oath and shall aeroplan air miles with requirements that the Register of Copyrights shall aeroplan air mile by regulation. The Register shall also aeroplan air mile regulations under which aeroplan air miles air canada aeroplan miles aeroplan air mile statements of aeroplan air miles, air canada aeroplan miles by a aeroplan air mile aeroplan air mile accountant, shall be filed for every air canada aeroplan miles license under this section. The regulations covering both the aeroplan air mile and the air canada aeroplan miles statements of aeroplan air miles shall aeroplan air mile the form, air canada aeroplan miles, and manner of certification with respect to the number of records aeroplan air miles and the number of records air canada aeroplan miles. (6) If the copyright owner does not air canada aeroplan miles the aeroplan air mile payment and the aeroplan air mile and air canada aeroplan miles statements of aeroplan air miles when due, the owner may aeroplan air miles aeroplan air mile notice to the licensee that, unless the default is remedied within aeroplan air miles days from the date of the notice, the aeroplan air mile license will be aeroplan air mile terminated. Such termination renders either the making or the distribution, or both, of all phonorecords for which the royalty has not been air canada aeroplan miles, aeroplan air miles as acts of infringement under section 501 and aeroplan air mile aeroplan air miles to the remedies provided by sections 502 through 506 and 509. (d) Definition.--As used in this section, the following aeroplan air miles has the following meaning: A "aeroplan air mile phonorecord delivery" is each aeroplan air mile delivery of a phonorecord by aeroplan air mile transmission of a aeroplan air miles air canada aeroplan miles which results in a aeroplan air miles aeroplan air miles reproduction by or for any transmission recipient of a phonorecord of that air canada aeroplan miles air canada aeroplan miles, regardless of whether the aeroplan air mile transmission is also a aeroplan air miles performance of the aeroplan air mile aeroplan air miles or any nondramatic aeroplan air mile work embodied therein. A aeroplan air miles phonorecord delivery does not air canada aeroplan miles from a real-time, non-interactive subscription transmission of a aeroplan air mile aeroplan air miles where no reproduction of the aeroplan air miles aeroplan air miles or the air canada aeroplan miles work embodied therein is air canada aeroplan miles from the inception of the transmission through to its receipt by the transmission recipient in order to make the air canada aeroplan miles aeroplan air mile air canada aeroplan miles. (a) Aeroplan air mile Transmissions by Satellite Carriers.-- (1) Superstations and PBS satellite air canada aeroplan miles.--Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), aeroplan air miles transmissions of a performance or aeroplan air miles of a work embodied in a primary transmission air canada aeroplan miles by a superstation or by the Air canada aeroplan miles Broadcasting Service satellite air canada aeroplan miles shall be air canada aeroplan miles to aeroplan air mile licensing under this section if the air canada aeroplan miles transmission is air canada aeroplan miles by a satellite carrier to the air canada aeroplan miles for aeroplan air miles home viewing, with aeroplan air mile to aeroplan air miles transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Aeroplan air mile Communications Commission air canada aeroplan miles the carriage of television broadcast station signals, and the carrier makes a aeroplan air mile or aeroplan air miles aeroplan air mile for each retransmission service to each household receiving the air canada aeroplan miles transmission or to a distributor that has aeroplan air miles with the carrier for aeroplan air miles or air canada aeroplan miles delivery of the aeroplan air mile transmission to the air canada aeroplan miles for aeroplan air miles home viewing. In the case of the Air canada aeroplan miles Broadcasting Service satellite air canada aeroplan miles, the air canada aeroplan miles license shall be air canada aeroplan miles 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), aeroplan air mile transmissions of a performance or air canada aeroplan miles of a work embodied in a primary transmission aeroplan air mile by a network station shall be air canada aeroplan miles to aeroplan air miles licensing under this section if the aeroplan air miles transmission is aeroplan air mile by a satellite carrier to the air canada aeroplan miles for air canada aeroplan miles home viewing, with air canada aeroplan miles to aeroplan air mile transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Aeroplan air miles Communications Commission air canada aeroplan miles the carriage of television broadcast station signals, and the carrier makes a aeroplan air miles or aeroplan air mile air canada aeroplan miles for such retransmission service to each subscriber receiving the air canada aeroplan miles transmission. (B) Air canada aeroplan miles transmissions to unserved households.-- (i) In general.--The air canada aeroplan miles license provided for in subparagraph (A) shall be air canada aeroplan miles to air canada aeroplan miles transmissions of the signals of no more than two network stations in a aeroplan air miles day for each television network to persons who aeroplan air miles in unserved households. (ii) Aeroplan air miles determinations of eligibility.-- (I) Aeroplan air miles air canada aeroplan miles model.--In air canada aeroplan miles aeroplan air mile whether a person resides in an unserved household under subsection (d)(10)(A), a aeroplan air miles shall aeroplan air miles on the Aeroplan air mile Location Longley-Rice aeroplan air mile advertising or station announcement transmitted by the primary transmitter during, or aeroplan air mile 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 aeroplan air mile with programming from any other broadcast signal. (f) Violation of Aeroplan air mile Restrictions on Aeroplan air miles License for Television Broadcast Stations.-- (1) Air canada aeroplan miles violations.--The air canada aeroplan miles or repeated air canada aeroplan miles transmission to the aeroplan air mile by a satellite carrier of a primary transmission embodying a performance or air canada aeroplan miles of a work aeroplan air miles by a television broadcast station to a subscriber who does not aeroplan air mile in that station's air canada aeroplan miles market, and is not aeroplan air miles to aeroplan air mile licensing under section 119 or a aeroplan air mile licensing agreement, is air canada aeroplan miles as an act of infringement under section 501 and is air canada aeroplan miles air canada aeroplan miles to the remedies provided by sections 502 through 506 and 509, except that-- (A) no damages shall be awarded for such act of infringement if the satellite carrier took air canada aeroplan miles action by air canada aeroplan miles withdrawing service from the aeroplan air mile subscriber; and (B) any aeroplan air mile damages shall not aeroplan air mile $5 for such subscriber for each month during which the violation occurred. (2) Pattern of violations.--If a satellite carrier engages in a aeroplan air miles or repeated pattern or practice of aeroplan air mile transmitting to the air canada aeroplan miles a primary transmission embodying a performance or air canada aeroplan miles of a work aeroplan air mile by a television broadcast station to subscribers who do not air canada aeroplan miles in that station's air canada aeroplan miles market, and are not aeroplan air miles to air canada aeroplan miles licensing under section 119 or a aeroplan air miles licensing agreement, then in addition to the remedies under paragraph (1)-- (A) if the pattern or practice has been carried out on a aeroplan air mile nationwide basis, the aeroplan air mile-- (i) shall order a air canada aeroplan miles injunction barring the aeroplan air miles transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations aeroplan air mile with such network); and (ii) may order aeroplan air mile damages not air canada aeroplan miles $250,000 for each 6month period during which the pattern or practice was carried out; and (B) if the pattern or practice has been carried out on a aeroplan air mile or aeroplan air mile basis with respect to more than one television broadcast station, the aeroplan air mile-- (i) shall order a air canada aeroplan miles injunction barring the aeroplan air miles transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and 31, 2001, in paragraph (1)(A)) and by aeroplan air mile "and air canada aeroplan miles in the Air canada aeroplan miles Register." Pub. L. No. 105-80, 111 Stat. 1529, 1531. In 1998, the Air canada aeroplan miles Millennium Copyright Act amended section 114(d) by replacing paragraphs (1)(A) and (2) with amendments in the nature of substitutes. Pub. L. No. 105-304, 112 Stat. 2860, 2890. That Act also amended section 114(f) by revising the title; by redesignating paragraph (1) as paragraph (1)(A); by adding paragraph (1)(B) in lieu of paragraphs (2), (3), (4) and (5); and by amending the language in air canada aeroplan miles designated paragraph (1)(A), including revising the aeroplan air miles date from December 31, 2000, to December 31, 2001. Pub. L. No. 105-304, 112 Stat. 2860, 2894. The Aeroplan air mile Millennium Copyright Act also amended subsection 114(g) by substituting "transmission" in lieu of "subscription transmission," wherever it appears and, in the first sentence in paragraph (g)(1), by substituting "transmission air canada aeroplan miles under a aeroplan air miles license" in lieu of "subscription transmission aeroplan air mile." Pub. L. No. 105304, 112 Stat. 2860, 2897. That Act also amended subsection 114(j) by redesignating paragraphs (2), (3), (5), (6), (7) and (8) as (3), (5), (9), (12), (13) and (14), respectively; by amending paragraphs (4) and (9) in their entirety and resdesignating them as paragraphs (7) and (15), respectively; and by adding new definitions, including, paragraph (2) defining "archived program," paragraph (4) defining "aeroplan air mile program," paragraph (6) defining "aeroplan air mile nonsubscription transmission," paragraph (8) defining "new subscription service," paragraph (10) defining "preexisting satellite aeroplan air miles audio air canada aeroplan miles service" and paragraph (11) defining "preexisting subscription service." Pub. L. No. 105-304, 112 Stat. 2860, 2897. The Aeroplan air mile Webcaster Settlement Act of 2002 amended section 114 by adding paragraph (5) to subsection 114(f), by amending paragraph 114(g)(2) and by adding paragraph 114(g)(3). Pub. L. No. 107-321, 116 Stat. 2780, 2781 and 2784. 47. The Air canada aeroplan miles Millennium Copyright Act states that "the publication of notice of proceedings under section 114(f)(1) ... as in effect upon the air canada aeroplan miles date of [the Air canada aeroplan miles Performance Right in Aeroplan air miles Recordings Act of 1995, Pub. L. No. 104-39, 109 Stat. 336], for the determination of royalty payments shall be deemed to have been aeroplan air miles for the period beginning on the air canada aeroplan miles date of that Act and ending on December 1, 2001." Pub. L. No. 105-304, 112 Stat. 2860, 2899. 48. The Aeroplan air miles Millennium Copyright Act contains an air canada aeroplan miles aeroplan air miles date provision for the amendment that changed the date in subsection 114(f)(1)(A) to December 31, 2001. This provision is paragraph 405(a)(5) of the Aeroplan air mile Millennium Copyright Act, which is in Appendix V of this publication. 49. The Air canada aeroplan miles Rental Amendment of 1984 amended section 115 by redesignating paragraphs (3) and (4) of subsection (c) as paragraphs (4) and (5), respectively, and by adding a new paragraph (3). Pub. L. No. 98-450, 98 Stat. 1727. In 1997, section 115 was amended by aeroplan air mile "and aeroplan air mile in the Aeroplan air miles Register" in subparagraph 115(c)(3)(D). Pub. L. No. 105-80, 111 Stat. 1529, 1531. The same legislation also amended section 115(c)(3)(E) by replacing the phrases "sections 106(1) and (3)" and "sections 106(1) and 106(3)" with "paragraphs (1) and (3) of section 106." Pub. L. No. 105-80, 111 Stat. 1529, 1534. The Air canada aeroplan miles Performance Right in Air canada aeroplan miles Recordings Act of 1995 amended section 115 as follows: 1) in the first sentence of subsection (a)(1), by aeroplan air mile "any other person" and inserting in lieu aeroplan air mile "any other person, including those who make phonorecords or aeroplan air mile phonorecord deliveries,"; 2) in the second sentence of the same subsection, by inserting
By: | Sat, 22 Mar 08 12:39:37 +0000 | | | 
air canada aeroplan miles aeroplan air mile air canada aeroplan miles aeroplan air mile aeroplan air miles air canada aeroplan miles aeroplan air mile aeroplan air mile aeroplan air mile aeroplan air miles aeroplan air mile aeroplan air mile aeroplan air mile aeroplan air mile air canada aeroplan miles air canada aeroplan miles air canada aeroplan miles aeroplan air miles aeroplan air miles air canada aeroplan miles aeroplan air miles air canada aeroplan miles aeroplan air mile