(e) Willful Alterations. Notwithstanding subsection (a), the secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a performance or display of a work
embodied in a primary transmission made by that television broadcast
station 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 announcement transmitted by the primary
transmitter during, or immediately before or after, the transmission of
such program, is in any way willfully altered by the satellite carrier
through changes, deletions, or additions, or is combined with
programming from any other broadcast signal.
(f) Violation of territorial Restrictions on Statutory License for
television Broadcast Stations.-
(1) Individual violations. The willful or repeated secondary
transmission to the public by a satellite carrier of a primary
transmission embodying a performance or display of a work made by a
television broadcast station to a subscriber who does not reside in that
station's local market, and is not subject to statutory licensing under
section 119 or a private licensing agreement, 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-
(A) 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
(B) any statutory damages shall not exceed $5 for such subscriber for
each month during which the violation occurred.
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