orks under this section, and
under which records of such use shall be kept by public broadcasting
entities.

(4) With respect to the period beginning on the effective date of this
title and ending on the date of publication of such rates and terms,
this title shall not afford to owners of copyright or public
broadcasting entities any greater or lesser rights with respect to the
activities specified in subsection (d) as applied to works specified in
this subsection than those afforded under the law in effect on December
31, 1977, as held applicable and construed by a court in an action
brought under this title.

(c) The initial procedure specified in subsection (b) shall be repeated
and concluded between June 30 and December 31, 1982, and at five-year
intervals thereafter, in accordance with regulations that the Copyright
Royalty Tribunal shall prescribe

(d) Subject to the transitional provisions of subsection (b)(4), and to
the terms of any voluntary license agreements that have been negotiated
as provided by subsection (b)(2), a public broadcasting entity may,
upon compliance with the provisions of this section, including the
rates and terms established by the Copyright Royalty Tribunal under
subsection (b)(3), 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); and

(2) production of a transmission program, reproduction of copies or
phonorecords, where such production, reproduction, or distribution is
made by a nonprofit institution or organization solely for the purpose
of transmission specified in clause (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 clause (1), and the performance or display
of the contents of such program under the conditions specified by
clause (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 clause (1), and are destroyed
before or at the end of such period. No person supplying, in
accordance with clause (2), a reproduction of a transmission program to
governmental bodies or nonprofit instituti