Goto Section: 76.108 | 76.110 | Table of Contents
FCC 76.109
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.109 Requirements for invocation of protection.
For a station licensee to be eligible to invoke the provisions of Sec. 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 Sec. 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: 2007 |
2009
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