Cable television and other retransmissions

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 91

Section 111 creates a compulsory license for cable television retransmissions of copyrighted programs shown on broadcast television. The section is extremely elaborate and complex and cannot be readily summarized. It grants a number of exemptions for cable systems that bring broadcast programming to subscribers who are near the broadcast source or are at a sufficient distance that the broadcast programming could be received only by cable. The cable system must, however, pay a royalty for the privilege of this compulsory license, a royalty that is based principally on the system's receipts and the amount of distantlyoriginated non-network programming that the cable system retransmits to its subscribers. The statute as enacted in 1976 set forth certain royalty rates, which have since been increased by the Copyright Royalty Tribunal. Regular statements of account and royalty fees must be forwarded by the cable system to the...