(4) Notwithstanding the provisions of clause (1) of this subsection,
the secondary transmission to the public by a cable system of a
primary transmission made by a broadcast station licensed by an
appropriate governmental authority of Canada or Mexico and
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 section 509, if (A) with
respect to Canadian signals, the community of the cable system is
located more than 150 miles for the United States-Canadian border
and is also located south of the forty-second parallel of latitude, or
(B) with respect to Mexican signals, the secondary transmission is
made by a cable system which received the primary transmission by
means other than direct interception of a free space radio wave
emitted by such broadcast television station, unless prior to April
15, 1976, such cable system was actually carrying, or was
specifically authorized to carry, the signal of such foreign station on
the system pursuant to the rules, regulations, or authorizations of
the Federal Communications Commission.
(d) Compulsory License for Secondary Transmissions by Cable Systems-
(1) For any secondary transmission to be subject to compulsory
licensing under subsection (c), the cable system shall, at least one
month before the date of the commencement of operations of the
cable system or within one hundred and eighty days after the
enactment of this Act, whichever is later, and thereafter within
thirty days after each occasion on which the ownership or control or
the signal carriage complement of the cable system changes, record
in the Copyright Office a notice including a statement of identity
and address of the person who owns or operates the secondary
transmission service or has power to exercise primary control over it,
together with the name and location of the primary transmitter or
primary transmitters whose signals are regularly carried by the
cable system, and thereafter, from time to time, such further
information as the Register of Copyrights, after consultation with
the Copyright Royalty Tribunal (if and when the Tribunal has been
constituted), shall prescribe by regulation to carry out the purpose of
this clause.
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