17-U.S.C.-510
§510 – Remedies For Alteration of Programming By Cable Systems
Pathway
Title 17 > Chapter 5 > Section 510
Details
- Reference: Section 510
- Legend: §510 – Remedies For Alteration of Programming By Cable Systems
- USCode Year: 2013
Provision Content
(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 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.
(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 attorneys 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.
U.S. Encyclopedia of Law Coverage
17-U.S.C.-501 in the Legal Encyclopedia: Copyrights
In this entry about 17-U.S.C.-501, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.
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