(b) Secondary Transmission of Primary Transmission to Controlled
Group. -Notwithstanding the provisions of subsections (a) and (c), the
secondary transmission to the public of a primary transmission
embodying a performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if the primary
transmission is not made for reception by the public at large but is
controlled and limited to reception by particular members of the public;
Provided, however, That such secondary transmission is not actionable
as an act of infringement if -
(1) the primary transmission is made by a broadcast station
licensed by the Federal Communication; and
(2) the carriage of the signals comprising the secondary
transmission is required under the rules, regulations, or
authorizations of the Federal Communications Commission; and
(3) the signal of the primary transmitter is not altered or changed
in any way by the secondary transmitter.
(c) Secondary Transmissions by Cable Systems -
(1) Subject to the provisions of clauses (2), (3), and (4) of this
subsection, secondary transmissions to the public by a cable system of
a primary transmission made by a broadcast station licensed by the
Federal Communications Commission or by an appropriate
governmental authority of Canada or Mexico and embodying a
performance or display of a work shall be subject to compulsory
licensing upon compliance with the requirements of subsection (d)
where the carriage of the signals comprising the secondary
transmission is permissible under the rules, regulations, or
authorizations of the Federal Communications Commission.
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