Page:United States Statutes at Large Volume 102 Part 4.djvu/982

 102 STAT. 3952

PUBLIC LAW 100-667—NOV. 16, 1988 secondary transmissions to households located in the United States.

Regulations.

"(b) STATUTORY LICENSE FOR SECONDARY TRANSMISSIONS FOR PRIVATE HOME VIEWING.— "(1) DEPOSITS WITH THE REGISTER OF COPYRIGHTS.—A S a t e l l i t e

carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall, on a semiannual basis, deposit with the Register of Copyrights, in accordance with requirements that the Register shall, after consultation with the Copyright Royalty Tribunal, prescribe by regulation— '(A) a statement of account, covering the preceding 6-month period, specifying the names and locations of all superstations and network stations whose signals were transmitted, at any time during that period, to subscribers for private home viewing as described in subsections (a)(D and (a)(2), the total number of subscribers that received such transmissions, and such other data as the Register of Copyrights may, after consultation with the Copyright Royalty Tribunal, from time to time prescribe by regulation; and "(B) a royalty fee for that 6-month period, computed by— "(i) multiplying the total number of subscribers receiving each secondary transmission of a superstation during each calendar month by 12 cents; '(ii) multiplying the number of subscribers receiving each secondary transmission of a network station during each calendar month by 3 cents; and "(iii) adding together the totals computed under clauses (i) and (ii). "(2) INVESTMENT OF FEES.—The Register of Copyrights shall receive all fees deposited under this section and, after deducting the reasonable costs incurred by the Copyright Office under this section (other than the costs deducted under paragraph (4)), shall deposit the balance in the Treasury of the United States, in such manner as the Secretary of the Treasury directs. All funds held by the Secretary of the Treasury shall be invested in interest-bearing securities of the United States for later distribution with interest by the Copjo-ight Royalty Tribunal as provided by this title. "(3) PERSONS TO WHOM FEES ARE DISTRIBUTED.—The royalty

Regulations.

fees deposited under paragraph (2) shall, in accordance with the procedures provided by paragraph (4), be distributed to those cop5rright owners whose works were included in a secondary transmission for private home viewing made by a satellite carrier during the applicable 6-month accounting period and who file a claim with the Copyright Royalty Tribunal under paragraph (4). "(4) PROCEDURES FOR DISTRIBUTION.—The royalty fees deposited under paragraph (2) shall be distributed in accordance with the following procedures: "(A) FiliNG OF CLAIMS FOR FEES.—During the month of July in each year, each person claiming to be entitled to statutory license fees for secondary transmissions for private home viewing shall file a claim with the Copyright Royalty Tribunal, in accordance with requirements that the Tribunal shall prescribe by regulation. For purposes of this paragraph, any claimants may agree among themselves as

�