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17 U.S.C. § 122

Limitations on exclusive rights: Secondary transmissions of local television programming by satellite

United States · Title 17 — COPYRIGHTS · Status: effective

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17 U.S.C. § 122, Limitations on exclusive rights: Secondary transmissions of local television programming by satellite, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/448483
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Full text

A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station’s local market shall be subject to statutory licensing under this section if— the satellite carrier makes a direct or indirect charge for the secondary transmission to— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall, if the secondary transmission is made by a satellite carrier that complies with the requirements of paragraph (1), be subject to statutory licensing under this paragraph as follows: In the case of that State in which are located 4 counties that— If 2 adjacent counties in a single State are in a local market comprised principally of counties located in another State, the statutory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier to subscribers in those 2 counties of the primary transmissions of any network station located in the capital of the State in which such 2 counties are located, if— A satellite carrier that makes secondary transmissions of a primary transmission made by a network station under subsection (a) shall, within 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station— After the list is submitted under paragraph (1), the satellite carrier shall, on the 15th of each month, submit to the network— The willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a television broadcast station to a subscriber who does not reside in that station’s local market, and is not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506, except that— If a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that station’s local market, and are not subject to statutory licensing under section 119, subject to statutory licensing by reason of paragraph (2)(A), (3), or (4) of subsection (a), or subject to a private licensing agreement, then in addition to the remedies under paragraph (1)— if the pattern or practice has been carried out on a substantially nationwide basis, the court— if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court— In this section— The term “local market”, in the case of both commercial and noncommercial television broadcast stations, means the designated market area in which a station is located, and— The term “television broadcast station”—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 106-113(H.R. 3194)1999-11-29
    Consolidated Appropriations Act, 2000
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 108-447(H.R. 4818)2004-12-08
    Consolidated Appropriations Act, 2005
  • Amended byPub. L. 110-403(S. 3325)2008-10-13
    Prioritizing Resources and Organization for Intellectual Property Act of 2008
    House: 381–41Senate: no recorded tally
  • Amended byPub. L. 111-175(S. 3333)2010-05-27
    Satellite Television Extension and Localism Act of 2010
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 113-200(H.R. 5728)2014-12-04
    STELA Reauthorization Act of 2014
    House: no recorded tallySenate: no recorded tally