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| TEXT ADOPTED BY SENATE | TEXT OF EXISTING LAW | TEXT OF COMMITTEE SUBSTITUTE AMENDMENT |
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| (e) The compulsory license provided in this section shall not apply to unpublished nondramatic literary or musical works or to dramatization rights for nondramatic literary or musical works. | (f) Nothing in this section shall be construed to permit, beyond the limits of fair use as provided by section 107, the unauthorized dramatization of a nondramatic musical work, the production of a transmission program drawn to any substantial extent from a published compilation of pictorial, graphic, or sculptural works, or the unauthorized use of any portion of an audiovisual work. | |
| (f) As used in this section, the term “public broadcasting” means the transmission over noncommercial educational broadcast stations (as defined in section 397 of the Federal Communications Act of 1934 (47 U.S.C. 397)) and the following activities incidental thereto; production and recording by, or solely for use by, distribution, sale or licensing solely to, and acquisition by, noncommercial educational broadcast stations of educational television or radio programs (as defined in section 397 of the Federal Communications Act of 1934 (47 U.S.C. 397)); and recording by, or solely for use by a nonprofit educational institution of any educational television or radio program off the air from a transmission by an educational broadcast station, provided such recording is used only by such institution as a regular part of its instructional activities for a period of one week from the date of the broadcast from which such off the air recording was made and that each such recording shall be destroyed or erased upon the expiration of such one week period. No person supplying a recording to an educational institution under this subsection shall have any liability as a result of failure of such institution to destroy or erase such recording provided it shall have notified such institution of the requirement for such destruction or erasure pursuant to this subsection. | (g) As used in this section, the term “public broadcasting entity” means a noncommercial educational broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization engaged in the activities described in clause (2) of subsection (d). |
