knows or has reason to know

(2)For purposes of paragraph (1)(A), “knows or has reason to know” means any of the following: (A)Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture. (C)Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture. (b)For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions. (c)Subsection (a) shall not apply to—

Source

28 USC § 4001(a)(2)


Scoping language

For purposes of paragraph
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