Page:United States Statutes at Large Volume 124.djvu/1259

 124 STAT. 1233 PUBLIC LAW 111–175—MAY 27, 2010 of enactment to compute the royalty fee due using such methodology, shall not be subject to an action for infringe- ment, or eligible for any royalty refund or offset, arising out of its use of such methodology on such statement. ‘‘(E) If the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmissions of primary broadcast transmitters are $263,800 or less— ‘‘(i) gross receipts of the cable system for the pur- pose of this paragraph shall be computed by sub- tracting from such actual gross receipts the amount by which $263,800 exceeds such actual gross receipts, except that in no case shall a cable system’s gross receipts be reduced to less than $10,400; and ‘‘(ii) the royalty fee payable under this paragraph to copyright owners pursuant to paragraph (3) shall be 0.5 percent, regardless of the number of distant signal equivalents, if any. ‘‘(F) If the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmissions of primary broadcast transmitters are more than $263,800 but less than $527,600, the royalty fee payable under this paragraph to copyright owners pursuant to paragraph (3) shall be— ‘‘(i) 0.5 percent of any gross receipts up to $263,800, regardless of the number of distant signal equivalents, if any; and ‘‘(ii) 1 percent of any gross receipts in excess of $263,800, but less than $527,600, regardless of the number of distant signal equivalents, if any. ‘‘(G) A filing fee, as determined by the Register of Copyrights pursuant to section 708(a).’’; (2) in paragraph (2), in the first sentence— (A) by striking ‘‘The Register of Copyrights’’ and inserting the following ‘‘HANDLING OF FEES.—The Register of Copyrights’’; and (B) by inserting ‘‘(including the filing fee specified in paragraph (1)(G))’’ after ‘‘shall receive all fees’’; (3) in paragraph (3)— (A) by striking ‘‘The royalty fees’’ and inserting the following: ‘‘DISTRIBUTION OF ROYALTY FEES TO COPYRIGHT OWNERS.—The royalty fees’’; (B) in subparagraph (A)— (i) by striking ‘‘any such’’ and inserting ‘‘Any such’’; and (ii) by striking ‘‘; and’’ and inserting a period; (C) in subparagraph (B)— (i) by striking ‘‘any such’’ and inserting ‘‘Any such’’; and (ii) by striking the semicolon and inserting a period; and (D) in subparagraph (C), by striking ‘‘any such’’ and inserting ‘‘Any such’’; (4) in paragraph (4), by striking ‘‘The royalty fees’’ and inserting the following: ‘‘PROCEDURES FOR ROYALTY FEE DIS- TRIBUTION.—The royalty fees’’; and