Hastings Communications and Entertainment Law Journal Volume 2 | Number 3 Article 1 1-1-1980 Cable Television and Copyright: Legislation and the Marketplace Model Stuart N. Brotman Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Stuart N. Brotman, Cable Television and Copyright: Legislation and the Marketplace Model, 2 Hastings Comm. & Ent. L.J. 477 (1980). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol2/iss3/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Cable Television and Copyright: Legislation and the Marketplace Model* By STUART N. BROTMAN** Section 111 of the Copyright Act of 1976 was intended to re- solve the long-standing controversy regarding copyright pay- ment by cable television systems that retransmit broadcast signals. In section 111 of the Act, Congress set forth a compul- sory license scheme for cable systems.' This scheme estab- lishes a statutory fee schedule based on the gross revenues of the cable system and the number of distant signals it carries.' The Copyright Royalty Tribunal, a regulatory authority created by the Act, is charged with the task of monitoring and adjust- ing copyright fees "to reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, tech- nological contribution, capital investment, cost, risk, and con- tribution to the opening of new markets for creative expression and media for their communication .