[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Page 2974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00698]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 15-0005-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 Live365, Inc. concerning the royalty payments it 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].
SUPPLEMENTARY 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 second license allows a service to make any
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 part 380. 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 nonsubscription services
such as Commercial Webcasters and by eligible nonexempt noninteractive
digital subscription services such as Business Establishment Services
and distributing the royalties to the copyright owners and performers
entitled to receive them under the section 112 and 114 licenses. 37 CFR
380.4(b)(1) and 384.4(b)(1). 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 deliver the notice to
the licensee to be audited. 37 CFR 380.6(c) and 384.6(c).
On December 23, 2014, SoundExchange filed with the Judges a notice
of intent to audit Live365, Inc. for the years 2011, 2012, and 2013.
Sections 380.6(c) and 384.6(c) require 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 Live365, Inc. filed on December 23, 2014.
Dated: January 13, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00698 Filed 1-20-15; 8:45 am]
BILLING CODE 1410-72-P