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(1) Under the United States law, a copyright owner’s exclusive right to reproduce the work in

copies or phono-records is limited by the provision made in favour of broadcasters which allows
them to make ‘ephemeral recordings’1. Thus a broadcaster who has the right to transmit a
program may reproduce or record the performance in order to facilitate its later transmission. It is
specifically mentioned with respect to broadcasters as under the United States law, the privilege
of making ephemeral recordings extends only to broadcasters who use the copy within their local
service area.
(2) The Copyright Act also specially confers standing to sue upon broadcast stations in certain
circumstances. (A) This occurs when the secondary transmission fails to satisfy the conditions
for a compulsory license and therefore constitutes an infringement of the copyright in the work.
Thus besides the legal owner of the copyright, the broadcaster also acquires the right to sue for
the infringement caused by the secondary transmission.2 However it is to be noted that the
standing to sue is limited as the secondary transmission must occur within the local service area
of that television station. (B) Another situation in which there is a special provision for standing
is when the infringement occurs because of willful alteration of signals through changes,
deletions or alterations in the secondary transmission. (C) In addition, the Satellite Home Viewer
Improvement Act of 1999 confers standing on the television broadcast stations to file a civil
action ‘against any satellite carrier that has refused to carry television broadcast signals, as
required by law.’

17 USCS § 112 (e). Though not defined under the statute, the term ‘ephemeral recordings’ is
commonly used to mean copies or phono-records of a work made for the purpose of later transmission by
a broadcasting organisation legally entitled to transmit the work.
17 USCS § 123, § 119.