Copyright
Law of the United States of America
and Related Laws
Contained in Title 17 of the United States Code
Circular 92
Appendix D
The Satellite Home Viewer Extension and Reauthorization
Act of 20041
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Title IX — Satellite
Home Viewer Extension and
Reauthorization Act of 2004
Section 1 · Short Titles;
Table of Contents.
(a) Short Titles. — This
title may be cited as the “Satellite Home Viewer Extension and Reauthorization
Act of 2004” or the “W. J. (Billy) Tauzin Satellite Television
Act of 2004”.
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Title I — Statutory License
for Satellite Carriers
Sec. 101 · Extension of Authority.
(a) In General. — Section
4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119
note; Public Law 103-369; 108 Stat. 3481) is amended by striking “‘December
31, 2004” and inserting “‘December 31, 2009”.
(b) Extension for Certain Subscribers. — Section
119(e) of title 17, United States Code, is amended by striking “‘December
31, 2004” and inserting “‘December 31, 2009”.
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Sec. 106 · Effect on Certain
Proceedings.
Nothing in this title shall modify any remedy imposed on a party
that is required by the judgment of a court in any action that was brought
before May 1, 2004, against that party for a violation of section
119 of title
17, United States Code.
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Sec. 109 · Study.
No later than June 30, 2008, the Register of Copyrights
shall report to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate the Register’s
findings and recommendations on the operation and revision of the statutory
licenses under sections 111, 119, and 122 of title 17, United States Code.
The report shall include, but not be limited to, the following:
(1) A comparison of the royalties paid
by licensees under such sections, including historical rates of increases
in these royalties, a comparison between the royalties under each such section
and the prices paid in the marketplace for comparable programming.
(2) An analysis of the differences
in the terms and conditions of the licenses under such sections, an analysis
of whether these differences are required or justified by historical, technological,
or regulatory differences that affect the satellite and cable industries,
and an analysis of whether the cable or satellite industry is placed in a
competitive disadvantage due to these terms and conditions.
(3) An analysis of whether the licenses
under such sections are still justified by the bases upon which they were
originally created.
(4) An analysis of the correlation,
if any, between the royalties, or lack thereof, under such sections and the
fees charged to cable and satellite subscribers, addressing whether cable
and satellite companies have passed to subscribers any savings realized as
a result of the royalty structure and amounts under such sections.
(5) An analysis of issues that may
arise with respect to the application of the licenses under such sections
to the secondary transmissions of the primary transmissions of network stations
and superstations that originate as digital signals, including issues that
relate to the application of the unserved household limitations under section
119 of title 17, United States Code, and to the determination of royalties
of cable systems and satellite carriers.
1This appendix contains provisions from the Satellite
Home Viewer Extension and Reauthorization Act of 2004, Title IX, Division J
of the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, 118 Stat.
2809, 3393, that do not amend title 17 of the United States Code.
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