§ 510. — Remedies for alteration of programming by cable systems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC510]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 510. Remedies for alteration of programming by cable
systems
(a) In any action filed pursuant to section 111(c)(3), the following
remedies shall be available:
(1) Where an action is brought by a party identified in
subsections (b) or (c) of section 501, the remedies provided by
sections 502 through 505, and the remedy provided by subsection (b)
of this section; and
(2) When an action is brought by a party identified in
subsection (d) of section 501, the remedies provided by sections 502
and 505, together with any actual damages suffered by such party as
a result of the infringement, and the remedy provided by subsection
(b) of this section.
(b) In any action filed pursuant to section 111(c)(3), the court may
decree that, for a period not to exceed thirty days, the cable system
shall be deprived of the benefit of a statutory license for one or more
distant signals carried by such cable system.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2587; Pub.
L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1011(a)(1), (3)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-543.)
Historical and Revision Notes
house report no. 94-1476
Section 509(b) specifies a new discretionary remedy for alteration
of programming by cable systems in violation of section 111(c)(3): the
court in such cases may decree that, ``for a period not to exceed thirty
days, the cable system shall be deprived of the benefit of a compulsory
license for one or more distant signals carried by such cable system.''
The term ``distant signals'' in this provision is intended to have a
meaning consistent with the definition of ``distant signal equivalent''
in section 111.
Under section 509(a), four types of plaintiffs are entitled to bring
an action in cases of alteration of programming by cable systems in
violation of section 111(c)(3). For regular copyright owners and local
broadcaster-licensees, the full battery of remedies for infringement
would be available. The two new classes of potential plaintiffs under
section 501(d)--the distant-signal transmitter and other local
stations--would be limited to the following remedies: (i) discretionary
injunctions; (ii) discretionary costs and attorney's fees; (iii) any
actual damages the plaintiff can prove were attributable to the act of
altering program content; and (iv) the new discretionary remedy of
suspension of compulsory licensing.
Amendments
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(a)(1)],
substituted ``programming'' for ``programing'' in section catchline.
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(a)(3)], substituted ``statutory'' for ``compulsory''.
Section Referred to in Other Sections
This section is referred to in sections 111, 119, 122, 411, 511 of
this title.
