17 USC § 510 - Remedies for alteration of programming by cable systems | Title 17 - Copyrights | U.S. Code

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Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

(a) In any action filed pursuant to section 111 (c)(3), the following remedies shall be available:

(1) Where an action is brought by a party identified in subsections (b) or (c) ofsection 501, the remedies provided by sections 502 through 505, and the remedy provided by subsection (b) of this section; and

(2) When an action is brought by a party identified in subsection (d) ofsection 501, the remedies provided by sections 502 and 505, together with any actual damages suffered by such party as a result of the infringement, and the remedy provided by subsection (b) of this section.

(b) In any action filed pursuant to section 111 (c)(3), the court may decree that, for a period not to exceed thirty days, the cable system shall be deprived of the benefit of a statutory license for one or more distant signals carried by such cable system.

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(a) In any action filed pursuant to section 111 (c)(3), the following remedies shall be available:

(1) Where an action is brought by a party identified in subsections (b) or (c) ofsection 501, the remedies provided by sections 502 through 505, and the remedy provided by subsection (b) of this section; and

(2) When an action is brought by a party identified in subsection (d) ofsection 501, the remedies provided by sections 502 and 505, together with any actual damages suffered by such party as a result of the infringement, and the remedy provided by subsection (b) of this section.

(b) In any action filed pursuant to section 111 (c)(3), the court may decree that, for a period not to exceed thirty days, the cable system shall be deprived of the benefit of a statutory license for one or more distant signals carried by such cable system.

Source

(Pub. L. 94–553, title I, § 101,Oct. 19, 1976, 90 Stat. 2587; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1011(a)(1), (3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–543.)

Historical and Revision Notes

house report no. 94–1476

Section 509 (b) specifies a new discretionary remedy for alteration of programming by cable systems in violation of section 111 (c)(3): the court in such cases may decree that, “for a period not to exceed thirty days, the cable system shall be deprived of the benefit of a compulsory license for one or more distant signals carried by such cable system.” The term “distant signals” in this provision is intended to have a meaning consistent with the definition of “distant signal equivalent” in section 111.

Under section 509 (a), four types of plaintiffs are entitled to bring an action in cases of alteration of programming by cable systems in violation of section 111 (c)(3). For regular copyright owners and local broadcaster-licensees, the full battery of remedies for infringement would be available. The two new classes of potential plaintiffs under section 501 (d)—the distant-signal transmitter and other local stations—would be limited to the following remedies: (i) discretionary injunctions; (ii) discretionary costs and attorney’s fees; (iii) any actual damages the plaintiff can prove were attributable to the act of altering program content; and (iv) the new discretionary remedy of suspension of compulsory licensing.

Amendments

1999—Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(a)(1)], substituted “programming” for “programing” in section catchline.

Subsec. (b). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(a)(3)], substituted “statutory” for “compulsory”.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
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"to" means a transfer to another section.
"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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17 USC	Description of Change	Session Year	Public Law	Statutes at Large

17 USC § 510 - Remedies for alteration of programming by cable systems

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