Page:H.R. Rep. No. 94-1476 (1976) Page 215.djvu

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 * width="33%" valign="top" align="center"|TEXT ADOPTED BY SENATE
 * width="33%" valign="top" align="center"|TEXT OF EXISTING LAW
 * width="33%" valign="top" align="center"|TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
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 * § 111. Limitations on exclusive rights: Secondary transmissions

(a) —The secondary transmission of a primary transmission embodying a performance or display of a work is not an infringement of copyright if:
 * (1) the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals transmitted by a broadcast station licensed by the Federal Communications Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is made to see or hear the secondary transmission; or
 * (2) the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or
 * (3) the secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary transmission consist solely of providing wires, cables, or other communications channels for the use of others: Provided, That the provisions of this clause extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from liability the activities of others with respect to their own primary or secondary transmission; or


 * § 111. Limitations on exclusive rights: Secondary transmissions
 * § 111. Limitations on exclusive rights: Secondary transmissions

(a) —The secondary transmission of a primary transmission embodying a performance or display of a work is not an infringement of copyright if—
 * (1) the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals transmitted by a broadcast station licensed by the Federal Communications Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is made to see or hear the secondary transmission; or
 * (2) the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or
 * (3) the secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary


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