Sec. 5. Special protection for small broadcasters, public and educational radio, religious services, and incidental use of music
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Section 114(f)(1) of title 17, United States Code, as amended by section 4(a), is further amended by inserting at the end the following new subparagraph: Notwithstanding the provisions of subparagraphs
(A)through (C), the royalty rate for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that is not a public broadcasting entity as defined in section 118(f) and that has revenues in any calendar year of less than $1,000,000 shall be $500 per year for any such year. For purposes of such determination, such revenues shall include all revenues from the operation of the station, calculated in accordance with generally accepted accounting principles in the United States. In the case of affiliated broadcast stations, revenues shall be allocated reasonably to individual stations associated with those revenues. . Subparagraph
(D)of section 114(f)(1) of title 17, United States Code, as added by subsection (a), is amended by inserting at the end the following new clauses: Notwithstanding the provisions of subparagraphs
(A)through (C), the royalty rate for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that is a public broadcasting entity as defined in section 118(f) shall be $100 per year. The royalty rates specified in clauses
(i)and
(ii)shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements. . Section 114(d)(1) of title 17, United States Code, as amended by section 2(b), is further amended by striking subparagraph
(A)and inserting the following: a nonsubscription broadcast transmission of— services at a place of worship or other religious assembly; or an incidental use of a sound recording of a musical work; . Section 118(f) of title 17, United States Code, is amended by striking section 397 of title 47 and inserting section 397 of the Communications Act of 1934 ( . 47 U.S.C. 397 )
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Sec. 5
Special protection for small broadcasters, public and educational radio, religious services, and incidental use of music
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