Goto Section: 76.108 | 76.110 | Table of Contents
FCC 76.109
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.109 Requirements for invocation of protection.
For a station licensee to be eligible to invoke the provisions of
§ 76.101, it must have a contract or other written indicia that it
holds syndicated exclusivity rights for the exhibition of the program
in question. Contracts entered on or after August 18, 1988, must
contain the following words: "the licensee [or substitute name] shall,
by the terms of this contract, be entitled to invoke the protection
against duplication of programming imported under the Compulsory
Copyright License, as provided in § 76.101 of the FCC rules [or `as
provided in the FCC's syndicated exclusivity rules']." Contracts
entered into prior to August 18, 1988, must contain either the
foregoing language or a clear and specific reference to the licensee's
authority to exercise exclusivity rights as to the specific programming
against cable television broadcast signal carriage by the cable system
in question upon the contingency that the government reimposed
syndicated exclusivity protection. In the absence of such a specific
reference in contracts entered into prior to August 18, 1988, the
provisions of these rules may be invoked only if the contract is
amended to include the specific language referenced in this section or
a specific written acknowledgment is obtained from the party from whom
the broadcast exhibition rights were obtained that the existing
contract was intended, or should now be construed by agreement of the
parties, to include such rights. A general acknowledgment by a supplier
of exhibition rights that specific contract language was intended to
convey rights under these rules will be accepted with respect to all
contracts containing that specific language. Nothing in this section
shall be construed as a grant of exclusive rights to a broadcaster
where such rights are not agreed to by the parties.
Goto Section: 76.108 | 76.110
Goto Year: 2010 |
2012
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