Page:United States Statutes at Large Volume 102 Part 4.djvu/981

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PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3951

"(A) INDIVIDUAL VIOLATIONS.—The willful or repeated

secondary transmission by a satellite carrier of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who does not reside in an unserved household 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, except that— "(i) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber, and "(ii) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation occurred. "(B) PATTERN OF VIOLATIONS.—If a satellite carrier

engages in a willful or repeated pattern or practice of delivering a primary transmission made by a network station and embodying a performance or display of a work to subscribers who do not reside in unserved households, then in addition to the remedies set forth in subparagraph (A)— "(i) if the pattern or practice has been carried out on a substantially nationwide basis, the court shall order a permanent injunction barring the secondary transmission by the satellite carrier, for private home viewing, of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $250,000 for each 6-month period during which the pattern or practice was carried out; and "(ii) if the pattern or practice has been carried out on a local or regional basis, the court shall order a permanent injunction barring the secondary transmission, for private home viewing in that locality or region, by the satellite carrier of the primary transmissions of any primary network station affiliated with the same network, and the court may order statutory damages of not to exceed $250,000 for each 6-month period during which the pattern or practice was carried out. "(C)

PREVIOUS SUBSCRIBERS EXCLUDED.—Subparagraphs

(A) and (B) do not apply to secondary transmissions by a satellite carrier to persons who subscribed to receive such secondary transmissions from the satellite carrier or a distributor before the date of the enactment of the Satellite Home Viewer Act of 1988. "(6) DISCRIMINATION BY A SATELUTE CARRIER.—Notwithstand-

ing the provisions of paragraph (1), 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, if the satellite carrier unlawfully discriminates against a distributor. "(7) GEOGRAPHIC UMFTATION ON SECONDARY TRANSMISSIONS.—

The statutory license created by this section shall apply only to

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