(2) Notwithstanding the provisions of clause (1) of this subsection, the
willful or repeated secondary transmission to the public by a cable
system of a primary transmission made by a broadcast station licensed by
the Federal Communications Commission or by an appropriate governmental
authority of Canada or Mexico and embodying a performance or display of
a work is actionable as an act of infringement under section 501, and is
fully subject to the remedies provided by sections 502 through 506 and
509, in the following cases:
(A) where the carriage of the signals comprising the secondary
transmission is not permissible under the rules, regulations, or
authorizations of the Federal Communications Commission; or
(B) where the cable system has not deposited the statement of account
and royalty fee required by subsection (d).
(3) Notwithstanding the provisions of clause (1) of this subsection and
subject to the provisions of subsection (e) of this section, the
secondary transmission to the public by a cable system of a performance
or display of a work embodied in a primary transmission made by a
broadcast station licensed by the Federal Communications Commission or
by an appropriate governmental authority of Canada or Mexico is
actionable as an act of infringement under section 501, and is fully
subject to the remedies provided by sections 502 through 506 and
sections 509 and 510, 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
additions, except for the alteration, deletion, or substitution of
commercial advertisements performed by those engaged in television
commercial advertising market research: *Provided*, That the research
company has 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.
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