[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00697]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 15-0002-CRB-AU]
Notice of Intent To Audit
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Public notice.
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SUMMARY: The Copyright Royalty Judges announce receipt of a notice of
intent to audit the 2011, 2012, and 2013 statements of account
submitted by Galaxie concerning the royalty payments its Business
Establishment Service made pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by
telephone at (202) 707-7658 or by 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, the right is limited by two statutory licenses. The
section 114 license allows nonexempt noninteractive digital
subscription services and eligible nonsubscription services to perform
publicly sound recordings by means of digital audio transmissions. 17
U.S.C. 114(f). The section 112 license allows a service to make
necessary ephemeral reproductions to facilitate the digital
transmission of the sound recording, including transmissions to
business establishments.\1\ 17 U.S.C. 112(e).
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\1\ Subject to the limitations set forth in section
114(d)(1)(C)(iv).
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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 parts 380-384. As part of the terms set for these
licenses, the Judges designated SoundExchange, Inc. as the Collective,
i.e., the organization charged with collecting the royalty payments and
statements of account submitted by eligible nonexempt noninteractive
digital subscription services such as, among others, Business
Establishment Services, and distributing the royalties to the copyright
owners and performers entitled to receive them. 37 CFR 384.4(b). As the
designated Collective, SoundExchange may conduct a single audit of a
licensee for any calendar year to verify 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 384.6(c).
On December 23, 2014, SoundExchange filed with the Judges a notice
of intent to audit Galaxie's Business Establishment Service for the
years 2011, 2012, and 2013.
Section 384.6(c) requires the Judges to publish notice in the
Federal Register within 30 days of receipt of a notice announcing the
Collective's intent to conduct an audit. Today's notice fulfills this
requirement with respect to SoundExchange's intent to audit Galaxie's
Business Establishment Service filed on December 23, 2014.
Dated: January 13, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00697 Filed 1-16-15; 8:45 am]
BILLING CODE 1410-72-P