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Q: copyright law ( No Answer,   7 Comments )
Question  
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?
Answer  
There is no answer at this time.

Comments  
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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