right 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 in
the Copyright Office, in accordance with regulations that the Register
of Copyrights shall prescribe.
(f) 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.
(g) 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 (d).
Section 119. Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home viewing [55]
(a) Secondary Transmissions by Satellite Carriers.-
(1) Superstations and PBS Satellite Feed. Subject to the provisions of
paragraphs (3), (4), and (6) of this subsection and section 114(d),
secondary transmissions of a performance or display of a work embodied
in a primary transmission made by a superstation or by the Public
Broadcasting Service satellite feed shall be subject to statutory
licensing under this section if the secondary transmission is made by a
satellite carrier to the public for private home viewing, with regard to
secondary transmissions the satellite carrier is in compliance with the
rules, regulations, or authorizations of the Federal Communications
Commission governing the carriage of television broadcast station
signals, and the carrier makes a direct or indirect charge for each
retransmission service to each household receiving the secondary
transmission or to a distributor that has contracted with the carrier
for direct or indirect delivery of the secondary transmission to the
public for private home viewing. In the case of the Public Broadcasting
Service satellite feed, the statutory license shall be effective until
January 1, 2002. [56]
(2) Network stations.-
(A) In gener
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