§ 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.

   return arrow Back to Top