[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 935 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 935

 To amend title 17, United States Code, and the Communications Act of 
1934 with respect to the public performance, by means of the display of 
 video programming at places of public accommodation, of games between 
                       professional sports teams.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 1995

 Mr. Lipinski introduced the following bill; which was referred to the 
   Committee on the Judiciary and, in addition, to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 17, United States Code, and the Communications Act of 
1934 with respect to the public performance, by means of the display of 
 video programming at places of public accommodation, of games between 
                       professional sports teams.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to View Professional Sports 
Act of 1995''.

SEC. 2. COPYRIGHT EXCEPTION FOR BROADCASTS OF PROFESSIONAL SPORTS 
              TEAMS.

    (a) Exemption.--(1) Chapter 1 of title 17, United States Code, is 
amended by adding at the end the following:
``Sec. 121. Limitations on exclusive rights: exemption for certain 
              displays of video programming
    ``(a) Exemption for Certain Displays of Video Programming.--The 
public performance by means of the display of video programming at a 
place of public accommodation of any game between professional sports 
teams, which would otherwise be an infringement of copyright to which 
section 411(b) of this title applies, shall not be an infringement of 
copyright if a reasonable fee (as determined under chapter 8) is paid 
to the copyright owners for such performance.
    ``(b) Definitions.--As used in this section--
            ``(1) Professional sports team.--The term `professional 
        sports team' means a professional team engaged in the sport of 
        football, baseball, basketball, ice hockey, boxing, or other 
        sport.
            ``(2) Place of public accommodation.--The term `place of 
        public accommodation' means an inn, hotel, motel, or other 
        place of lodging, or a restaurant, bar, or other commercial 
        establishment serving food or drink.''.
    (2) The table of sections at the beginning of chapter 1 of title 
17, United States Code, is amended by adding at the end the following:

``121. Limitations on exclusive rights: exemption for certain displays 
                            of video programming.''.
    (b) Establishment of Fees.--Section 801(b) of title 17, United 
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding after paragraph (3) the following:
            ``(4) to determine and adjust the reasonable fees to be 
        paid to copyright owners for public performances of games 
        between professional sports teams at places of public 
        accommodation for purposes of section 121 of this title, and to 
        publish such fees.
In determining or adjusting fees under paragraph (4) with respect to 
places of public accommodation, the copyright arbitration royalty 
panels shall take into account the average fair market price for 
comparable programming provided by cable systems (as defined in section 
111(f)) and satellite carriers (as defined in section 119(d)) to other 
places of public accommodation (as defined in section 121(b)) in the 
same local geographic area.''.

SEC. 3. TREATMENT OF COPYRIGHT SYSTEM AS MARKETING SYSTEM FOR PURPOSES 
              OF COMMUNICATIONS ACT OF 1934.

    Section 705(b) of the Communications Act of 1934 (47 U.S.C. 605(b)) 
is amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (d) through (i), respectively;
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) The provisions of subsection (a) shall not apply to the 
interception, receipt, and display of video programming at a place of 
public accommodation of any game between professional sports teams if 
the copyright owners for public performances of such game receive, from 
the owner or operator of such place of public accommodation, a 
reasonable fee determined in accordance with section 801(b) of title 
17, United States Code. For purposes of this section, the terms `public 
accommodation' and `professional sports team' have the meanings 
provided in section 121(b) of such title 17.''.
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