2013 US Code
Title 17 - Copyrights
Chapter 5 - COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501 - 513)
Section 510 - Remedies for alteration of programming by cable systems

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 17 - COPYRIGHTS
CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 510 - Remedies for alteration of programming by cable systems
Containssection 510
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditPub. L. 94-553, title I, §101, Oct. 19, 1976, 90 Stat. 2587; Pub. L. 106-113, div. B, §1000(a)(9) [title I, §1011(a)(1), (3)], Nov. 29, 1999, 113 Stat. 1536, 1501A-543.
Statutes at Large References90 Stat. 2587
113 Stat. 1536
Public Law ReferencesPublic Law 94-553, Public Law 106-113

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Remedies for alteration of programming by cable systems - 17 U.S.C. § 510 (2013)
§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, §101, Oct. 19, 1976, 90 Stat. 2587; Pub. L. 106–113, div. B, §1000(a)(9) [title I, §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, §1000(a)(9) [title I, §1011(a)(1)], substituted "programming" for "programing" in section catchline.

Subsec. (b). Pub. L. 106–113, §1000(a)(9) [title I, §1011(a)(3)], substituted "statutory" for "compulsory".

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