(e) Nonsimultaneous Secondary Transmissions by Cable Systems.-
(1) Notwithstanding those provisions of the second paragraph of
subsection
(f) relating to nonsimultaneous secondary transmissions by a cable
system, any such transmissions are actionable as an act of infringement
under section 501, and are fully subject to the remedies provided by
sections 502 through 506 and sections 509 and 510, unless-
(A) the program on the videotape is transmitted no more than
one time to the cable system's subscribers; and
(B) the copyrighted program, episode, or motion picture
videotape, including the commercials contained within such
program, episode, or picture, is transmitted without deletion or
editing; and
(C) an owner or officer of the cable system
(i) prevents the duplication of the videotape while in the
possession of the system,
(ii) prevents unauthorized duplication while in the
possession of the facility making the videotape for the
system if the system owns or controls the facility, or takes
reasonable precautions to prevent such duplication if it does
not own or control the facility,
(iii) takes adequate precautions to prevent duplication
while the tape is being transported, and
(iv) subject to clause (2), erases or destroys, or causes
the erasure or destruction of, the videotape; and
(D) within forty-five days after the end of each calendar
quarter, an owner or officer of the cable system executes an
affidavit attesting (i) to the steps and precautions taken to
prevent duplication of the videotape, and (ii) subject to clause
(2), to the erasure or destruction of all videotapes made or used
during such quarter; and
(E) such owner or officer places or causes each such affidavit,
and affidavits received pursuant to clause (2) (C), to be placed in
a file, open to public inspection, at such system's main office in
the community where the transmission is made or in the nearest
community where such system maintains an office; and
(F) the nonsimultaneous transmission is one that the cable
system would be authorized to transmit under the rules,
regulations, and authorizations of the Federal Communications
Commission in effect at the time of the nonsimultaneous
transmission if the transmission had been made simultaneously,
except that this subclause shall not apply to inadvertent or
accidental transmissions.
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