PRIA, Government Policy, Made Personal

Summary

When someone sues under section 111(c)(3), the court can order different remedies depending on who brings the case. If the plaintiff is one of the parties named in section 501(b) or 501(c), the court can give the relief listed in sections 502 through 505 and the extra option described below. If the plaintiff is the party named in section 501(d), the court can order the relief in sections 502 and 505, award any actual damages the plaintiff suffered, and use the extra option below. As an extra option, the court can, for up to 30 days, remove the cable system’s right to a statutory license for one or more distant signals it carries.

Title 17, §510

Copyrights, Source: USLM XML via OLRC

(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) of section 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) of section 501, the remedies provided by section 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.

Notes & Related Subsidiaries

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.

Editorial Notes

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”.

§510 Remedies for Alteration of Programming by Cable Systems