at
makes secondary transmissions of a primary transmission made by a
network station pursuant to subparagraph (A) shall, 90 days after
commencing such secondary transmissions, submit to the network that owns
or is affiliated with the network station a list identifying (by name
and street address, including county and zip code) all subscribers to
which the satellite carrier makes secondary transmissions of that
primary transmission. Thereafter, on the 15th of each month, the
satellite carrier shall submit to the network a list identifying (by
name and street address, including county and zip code) any persons who
have been added or dropped as such subscribers since the last submission
under this subparagraph. Such subscriber information submitted by a
satellite carrier may be used only for purposes of monitoring compliance
by the satellite carrier with this subsection. The submission
requirements of this subparagraph shall apply to a satellite carrier
only if the network to whom the submissions are to be made places on
file with the Register of Copyrights a document identifying the name and
address of the person to whom such submissions are to be made. The
Register shall maintain for public inspection a file of all such
documents.
(3) Noncompliance with reporting and payment requirements.-
Notwithstanding the provisions of paragraphs (1) and (2), the willful or
repeated secondary transmission to the public by a satellite carrier of
a primary transmission made by a superstation or a network station and
embodying a performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, where the satellite
carrier has not deposited the statement of account and royalty fee
required by subsection (b), or has failed to make the submissions to
networks required by paragraph (2)(C).
(4) Willful alterations. Notwithstanding the provisions of paragraphs
(1) and (2), the secondary transmission to the public by a satellite
carrier of a performance or display of a work embodied in a primary
transmission made by a superstation or a network station is actionable
as an act of infringement under section 501, and is fully subject to the
remedies provided by sections 502 through 506 and sections 509 and 510,
if the content of the particular program in which the performance or
display is embodied, or any commercial advertising or stat
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