[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51830-51831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21049]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
Notice of Intent To Audit
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are announcing receipt of two
notices of intent to audit the 2009, 2010, and 2011 statements of
account submitted by DKCM, Inc. and Greater Media, Inc., concerning the
royalty payments made by each pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by
telephone at (202) 707-7658 or email at [email protected].
SUMMARY INFORMATION: The Copyright Act, title 17 of the United States
Code, grants to copyright owners of sound recordings the exclusive
right to perform publicly sound recordings by means of certain digital
audio transmissions, subject to certain limitations. Specifically, this
right is limited to two statutory licenses. The
[[Page 51831]]
section 114 license allows the public performance of sound recordings
by means of digital audio transmissions by nonexempt noninteractive
digital subscription services and eligible nonsubscription services. 17
U.S.C. 114(f). The second license allows a service to make any
necessary ephemeral reproductions to facilitate the digital
transmission of the sound recording. 17 U.S.C. 112(e).
Licensees may operate under these licenses provided they pay the
royalty fees and comply with the terms set by the Copyright Royalty
Judges. The rates and terms for the section 112 and 114 licenses are
set forth in 37 CFR part 380. As part of the terms set for these
licenses, the Judges designated SoundExchange, Inc., as the
organization charged with collecting the royalty payments and
statements of account submitted by eligible nonsubscription services
such as, among others, Commercial Webcasters and Broadcasters, and
distributing the royalties to the copyright owners and performers
entitled to receive such royalties under the section 112 and 114
licenses. 37 CFR 380.4(b)(1) (Commercial Webcasters), 380.13(b)(1)
(Broadcasters). As the designated Collective, SoundExchange may conduct
a single audit of a licensee for any calendar year for the purpose of
verifying their royalty payments. SoundExchange must first file with
the Judges a notice of intent to audit a licensee and serve the notice
on the licensee to be audited. 37 CFR 380.6(c), 380.15(c).
On August 8, 2012, SoundExchange filed with the Judges separate
notices of intent to audit DKCM, Inc., a Commercial Webcaster, and
Greater Media, Inc., a Broadcaster, for the years 2009, 2010, and 2011.
Sections 380.6(c) and 380.15(c) require the Judges to publish a notice
in the Federal Register within 30 days of receipt of the notice
announcing the Collective's intent to conduct an audit.
In accordance with Sec. Sec. 380.6(c) and 380.15(c), the Copyright
Royalty Judges are publishing today's notice to fulfill this
requirement with respect to SoundExchange's respective notices of
intent to audit DKCM, Inc., and Greater Media, Inc., each filed August
8, 2012.
Dated: August 22, 2012.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2012-21049 Filed 8-24-12; 8:45 am]
BILLING CODE 1410-72-P