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Subject:
copyright law
Category: Arts and Entertainment > Television Asked by: mary2004nyc-ga List Price: $10.00 |
Posted:
27 Jul 2005 05:04 PDT
Expires: 26 Aug 2005 05:04 PDT Question ID: 548461 |
According the copyright law Title 17, Chapter 1, Section 111(a)(5) it reads: "The secondary transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if the secondary transmission is not made by a cable system but is made by a governmental body, or other non-profit organisation, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service." Does that means that any non-profit organization can re-broadcast any TV shows (without permission)and charge a fee only for costs of transmission? |
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There is no answer at this time. |
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Subject:
Re: copyright law
From: ipfan-ga on 27 Jul 2005 08:13 PDT |
Remember the definition of "secondary transmission" found at 17 U.S.C. Section 111(f): "A ''secondary transmission'' is the further transmitting of a primary transmission simultaneously with the primary transmission." The infringement exemption in 111(a)(5) was really meant to cover "translator stations," those little non-profit transmitters set up in remote areas to rebroadcast transmitted signals to areas that otherwise would not be able to receive the primary transmission. I do not think that is what you are contemplating. But if indeed you are merely retransmitting a live broadcast signal (not a cable signal) simultaneously (simultaneity this is the key) without change or modification (which would change what you are doing into a "performance," which may require the payment of a compulsory license) and if the rebroadcaster is indeed a nonprofit organization and is only charging recipients of the rebroadcast programming only the actual and reasonable costs of maintaining the rebroadcasting facility, I think you could make an argument that you fit within this exemption, yes. |
Subject:
Re: copyright law
From: mary2004nyc-ga on 27 Jul 2005 09:34 PDT |
Thanks for your answer ipfan, then, in that case, the transmission would have to be simultaneously with the primary transmission. cannot be recorded correct? So that means that any non-profit organization could rebroadcast TV channels live on/off the internet? and recorded programs would be breaking the law? Seems to me odd that a non-profit would be able to rebroadcast cnn(for example) live on web. Please advice. |
Subject:
Re: copyright law
From: mary2004nyc-ga on 27 Jul 2005 12:11 PDT |
what we would like is to find out more of what are the rules and regulations for broadcasting online, recorded or live TV shows. |
Subject:
Re: copyright law
From: ipfan-ga on 28 Jul 2005 15:01 PDT |
CNN is not a good example because that's cable (see my first comment). The statute only covers publicly available broadcasts that anyone can receive basically for free. So yes, if you wanted to simultaneously retransmit an on-air broadcast via secondary transmission through the web, that would probably be OK. I am not aware of any cases that take webcasting out of the general 111(a)(5) exemption, as long as ALL the strictures I mention in my first comment are observed. So for example, a non-profit could pick up on-air signals and send them out over the web as long as the other requirements of the statute are observed. I will take a quick look and see if I can find anything specific to webcasting that would change this analysis, but most of the webcasting stuff contemplates transmissions different from the secondary transmission of on-air broadcasts. |
Subject:
Re: copyright law
From: myoarin-ga on 28 Jul 2005 18:03 PDT |
Without wishing to qustion the accuracy of anything above, I feel that it should be mentioned that any advice provided on Google Answers is not professional or legal advice. See the disclaimer below. Myoarin |
Subject:
Re: copyright law
From: ipfan-ga on 29 Jul 2005 08:27 PDT |
Myoarin, Actually, the disclaimer says, "Answers and comments provided on Google Answers are general information, and are not intended to ~substitute~ for informed professional . . . legal . . . advice." I actually did offer mary2004nyc legal advice, but my free comment was not, per the disclaimer, intended to ~substitute~ for legal advice rendered by her own copyright attorney. Please note that I did research this comment by reference to the leading treatise on copyright law, "Nimmer on Copyright," I researched the legislative history of the statute, I researched case law construing 17 U.S.C. Section 111(a)(5) [and its former nomenclature as 111(a)(4)], and I searched the web for guidance on webcasting. But you are correct, mary2204nyc should confirm anything she reads in GA with her own copyright attorney before implementing any advice given here. IPFan |
Subject:
Re: copyright law
From: myoarin-ga on 30 Jul 2005 13:36 PDT |
Ipfan-ga, I expressed myself poorly. I entirely agree with both your comments here and on another legal question - but I am only a layman. It is quite apparent that you are very knowledgeable in the field. Since the G-A Researchers always make a point of referring to the disclaimer, I only wanted to indicate this to the questioner and - I admit - gently suggest to you this practice. Okay? :-) I hope so. Regards, Myoarin |
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