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.

May 5, 1993

Mr. LIPINSKI introduced the following bill; which was referred jointly to the Committees on the Judiciary and Energy and Commerce

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 1993'.

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 Tribunal 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.'.