Goto Section: 76.123 | 76.125 | Table of Contents
FCC 76.124
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.124 Requirements for invocation of protection.
For a television broadcast station licensee or distributor of
syndicated programming to be eligible to invoke the provisions of
§ 76.122 or § 76.123 of this subpart, it must have a contract or other
written indicia that it holds network program non-duplication or
syndicated exclusivity rights for the exhibition of the program in
question. Contracts entered on or after November 29, 2000, 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 Statutory Copyright
License, as provided in § 76.122 or § 76.123 of the FCC rules [or 'as
provided in the FCC's satellite network non-duplication or syndicated
exclusivity rules']." Contracts entered into prior to November 29,
2000, must contain the foregoing language plus a clear and specific
reference to the licensee's authority to exercise exclusivity rights as
to the specific programming against signal carriage by the satellite
carrier in question, or by satellite carriage in general in a
protected, geographic or specified zone. In the absence of such a
specific reference in contracts entered into prior to November 29,
2000, 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: 76.123 | 76.125
Goto Year: 2010 |
2012
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