provided by Section 2.42, 2.48 through 2.52, if the content of the particular
program in which the performance or display is embodied, or any
commercial advertising or station announcements transmitted by the primary
transmitter during, or immediately before or after, the transmission of such
program, is in any way willfully altered by the cable system through changes,
deletions, or alterations, except for the alterations, deletion, or substitution
of commercial advertisements performed by those engaged in television
commercial, advertising market research; provided, that the research
company had obtained the prior consent of the advertiser who has purchased
the original commercial advertisement, the television station broadcasting
that commercial advertisement, and the cable system performing the
secondary transmission; and provided further, that such commercial
alteration, deletion or substitution is not performed for the purpose of
deriving income from the sale of that commercial time.
SECTION:
(a)
(b)
(c)
2.13
LIMITATIONS ON EXCLUSIVE RIGHTS: EHPEMERAL
RECORDINGS
Notwithstanding the provisions of Section 2.6 and except in the case of a motion
picture or other audiovisual work, it is not an infringement of copyright for a
transmitting organization entitled to transmit to the public a performance or display
of a work, under a license or transfer of the copyright, to make no more than one
copy of sound recording of a particular transmission program embodying the
performance or display, if
(1)
the copy or sound recording is retained and used solely by the transmitting
organization that it, and no further copies or sound recordings are reproduced
from it; and
(2)
The copy or sound recording is used solely for the transmitting
organization's own transmission within its local service area, or for purposes
of archival preservation or security; and
(3)
Unless preserved exclusively for archival purposes, the copy or sound
recording is destroyed within six months from the date the transmission
program was first transmitted to the public.
Notwithstanding the provisions of Section 2.6, it is not an infringement of copyright
for a government body to make no more than thirty copies or sound recordings of a
particular transmission program embodying the performance or display if
(1)
No further copies or sound recordings are reproduced from the copies or
sound recordings made under this clause; and
(2)
Except for one copy or sound recording that may be preserved exclusively
for archival purposes, the copies or phonorecords are destroyed within seven
years from the date the transmission program was first transmitted in the
public.
Notwithstanding the provisions of Section 2.6, it is not an infringement of copyright
for a government body or other non-profit organization to make for distribution no
more than one copy or sound recording for each transmitting organization specified
in clause (2) of this sub-section, of a particular transmission program embodying a
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