Page:H. Rept. No. 94-1733 (1976).djvu/12

⁠

CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system (as defined in section 111(f).

(9)⁠

performance on a single occasion of a dramatic literary work published at least ten years before the date of the performance, by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap, if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of a radio subcarrier authorization referred to in clause (8)(iii), Provided, That the provisions of this clause shall not be applicable to more than one performance of the same work by the same performers or under the auspices of the same organization.

§ 111. Limitations on exclusive rights: Secondary transmissions

(a)⁠	Certain Secondary Transmissions Exempted.—The secondary transmission of a primary transmission embodying a performance or display of a work is not an infringement of copyright if−

(1)⁠	the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals transmitted by a broadcast station licensed by the Federal Communications Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is mode to see or hear the secondary transmission; or
(2)⁠	the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or
(3)⁠	the secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary transmission consist solely of providing wires, cables, or other communications channels for the use of others: Provided, That the provisions of this clause extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from liability the activities of others with respect to their own primary or secondary transmissions; or
(4)⁠	the secondary transmission is not made by a cable system but is made by a governmental body, or other nonproht organization, without any purpose of direct or indirect comrmercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service.

(b)⁠

Secondary Transmission of Primary Transmission to Controlled Group.—Notwithstariding the provisions of subsections (a) and (c), the secondary transmission to the public of a primary tramsmission embodying a performance or display of a work is actionable as an act of infringement under section 501, amd is fully subject to the remedies provided by sectionis 502 through 506 and 509, if the primary transmission is not made for reception by the public at large but is