Page:United States Statutes at Large Volume 113 Part 2.djvu/1043

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501^-525 a work made by a television broadcast station to a subscriber who does not reside in that station's local market, and is not subject to statutory licensing under section 119 or a private licensing agreement, 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— "(A) 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 "(B) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation occurred. "(2) PATTERN OF VIOLATIONS. — I f a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that station's local market, and are not subject to statutory licensing under section 119 or a private licensing agreement, then in addition to the remedies under paragraph (1)-— "(A) if the pattern or practice has been carried out on a substantially nationwide basis, the court— "(i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations affiliated with such network); and "(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out; and "(B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court— "(i) shall order a permanent injunction barring the secondary transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and "(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out. "(g) BURDEN OF PROOF.— In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that station's local market or subscribers being served in compliance with section 119 or a private licensing agreement. "(h) GEOGRAPHIC LIMITATIONS ON SECONDARY TRANS- MISSIONS. — The statutory license created by this section shall apply to secondary transmissions to locations in the United States. "(i) EXCLUSIVITY WITH RESPECT TO SECONDARY TRANSMISSIONS OF BROADCAST STATIONS BY SATELLITE TO MEMBERS OF THE PUBLIC. — No provision of section 111 or any other law (other than this section and section 119) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary

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