(5) Violation of territorial restrictions on statutory license for
network stations.-
(A) Individual violations. The willful or repeated secondary
transmission by a satellite carrier of a primary transmission made by a
network station and embodying a performance or display of a work to a
subscriber who does not reside in an unserved household 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, except that-
(i) no damages shall be awarded for such act of infringement if the
satellite carrier took corrective action by promptly withdrawing service
from the ineligible subscriber, and
(ii) any statutory damages shall not exceed $5 for such subscriber for
each month during which the violation occurred.
(B) Pattern of violations. If a satellite carrier engages in a willful
or repeated pattern or practice of delivering a primary transmission
made by a network station and embodying a performance or display of a
work to subscribers who do not reside in unserved households, then in
addition to the remedies set forth in subparagraph (A)-
(i) if the pattern or practice has been carried out on a substantially
nationwide basis, the court shall order a permanent injunction barring
the secondary transmission by the satellite carrier, for private home
viewing, of the primary transmissions of any primary network station
affiliated with the same network, and the court may order statutory
damages of not to exceed $250,000 for each 6-month period during which
the pattern or practice was carried out; and
(ii) if the pattern or practice has been carried out on a local or
regional basis, the court shall order a permanent injunction barring the
secondary transmission, for private home viewing in that locality or
region, by the satellite carrier of the primary transmissions of any
primary network station affiliated with the same network, and the court
may order statutory damages of not to exceed $250,000 for each 6-month
period during which the pattern or practice was carried out.
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