17 U.S.C. § 118 : US Code - Section 118: Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting

Search 17 U.S.C. § 118 : US Code - Section 118: Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting

(a) The exclusive rights provided by section 106 shall, with
respect to the works specified by subsection (b) and the activities
specified by subsection (d),(!1) be subject to the conditions and
limitations prescribed by this section.
(b) Notwithstanding any provision of the antitrust laws, any
owners of copyright in published nondramatic musical works and
published pictorial, graphic, and sculptural works and any public
broadcasting entities, respectively, may negotiate and agree upon
the terms and rates of royalty payments and the proportionate
division of fees paid among various copyright owners, and may
designate common agents to negotiate, agree to, pay, or receive
payments.
(1) Any owner of copyright in a work specified in this
subsection or any public broadcasting entity may submit to the
Copyright Royalty Judges proposed licenses covering such
activities with respect to such works.
(2) License agreements voluntarily negotiated at any time
between one or more copyright owners and one or more public
broadcasting entities shall be given effect in lieu of any
determination by the Librarian of Congress or the Copyright
Royalty Judges, if copies of such agreements are filed with the
Copyright Royalty Judges within 30 days of execution in
accordance with regulations that the Copyright Royalty Judges
shall issue.
(3) Voluntary negotiation proceedings initiated pursuant to a
petition filed under section 804(a) for the purpose of
determining a schedule of terms and rates of royalty payments by
public broadcasting entities to copyright owners in works
specified by this subsection and the proportionate division of
fees paid among various copyright owners shall cover the 5-year
period beginning on January 1 of the second year following the
year in which the petition is filed. The parties to each
negotiation proceeding shall bear their own costs.
(4) In the absence of license agreements negotiated under
paragraph (2) or (3), the Copyright Royalty Judges shall,
pursuant to chapter 8, conduct a proceeding to determine and
publish in the Federal Register a schedule of rates and terms
which, subject to paragraph (2), shall be binding on all owners
of copyright in works specified by this subsection and public
broadcasting entities, regardless of whether such copyright
owners have submitted proposals to the Copyright Royalty Judges.
In establishing such rates and terms the Copyright Royalty Judges
may consider the rates for comparable circumstances under
voluntary license agreements negotiated as provided in paragraph
(2) or (3). The Copyright Royalty Judges shall also establish
requirements by which copyright owners may receive reasonable
notice of the use of their works under this section, and under
which records of such use shall be kept by public broadcasting
entities.
(c) Subject to the terms of any voluntary license agreements that
have been negotiated as provided by subsection (b)(2) or (3), a
public broadcasting entity may, upon compliance with the provisions
of this section, including the rates and terms established by the
Copyright Royalty Judges under subsection (b)(4), to the extent
that they were accepted by the Librarian of Congress, engage in the
following activities with respect to published nondramatic musical
works and published pictorial, graphic, and sculptural works:
(1) performance or display of a work by or in the course of a
transmission made by a noncommercial educational broadcast
station referred to in subsection (g); (!1) and
(2) production of a transmission program, reproduction of
copies or phonorecords of such a transmission program, and
distribution of such copies or phonorecords, where such
production, reproduction, or distribution is made by a nonprofit
institution or organization solely for the purpose of
transmissions specified in paragraph (1); and
(3) the making of reproductions by a governmental body or a
nonprofit institution of a transmission program simultaneously
with its transmission as specified in paragraph (1), and the
performance or display of the contents of such program under the
conditions specified by paragraph (1) of section 110, but only if
the reproductions are used for performances or displays for a
period of no more than seven days from the date of the
transmission specified in paragraph (1), and are destroyed before
or at the end of such period. No person supplying, in accordance
with paragraph (2), a reproduction of a transmission program to
governmental bodies or nonprofit institutions under this
paragraph shall have any liability as a result of failure of such
body or institution to destroy such reproduction: Provided, That
it shall have notified such body or institution of the
requirement for such destruction pursuant to this paragraph: And
provided further, That if such body or institution itself fails
to destroy such reproduction it shall be deemed to have
infringed.
(d) Except as expressly provided in this subsection, this section
shall have no applicability to works other than those specified in
subsection (b). Owners of copyright in nondramatic literary works
and public broadcasting entities may, during the course of
voluntary negotiations, agree among themselves, respectively, as to
the terms and rates of royalty payments without liability under the
antitrust laws. Any such terms and rates of royalty payments shall
be effective upon filing with the Copyright Royalty Judges, in
accordance with regulations that the Copyright Royalty Judges shall
prescribe as provided in section 803(b)(6).
(e) Nothing in this section shall be construed to permit, beyond
the limits of fair use as provided by section 107, the unauthorized
dramatization of a nondramatic musical work, the production of a
transmission program drawn to any substantial extent from a
published compilation of pictorial, graphic, or sculptural works,
or the unauthorized use of any portion of an audiovisual work.
(f) As used in this section, the term "public broadcasting
entity" means a noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit institution or
organization engaged in the activities described in paragraph (2)
of subsection (c).