[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3784-3785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01305]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16-0007-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 2012, 2013, and 2014 statements of account of DMX
concerning the royalty payments its New Subscription 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].
SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United
States Code, grants to copyright owners of sound recordings the
exclusive right to publicly perform sound recordings by means of
certain digital audio transmissions, subject to certain limitations.
Specifically, the right is limited by the statutory license in section
114 which 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).
In addition, a statutory license in section 112 allows a service to
make 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 parts 380 and 382-84. As part of the terms set for
these licenses, the Judges designated SoundExchange, Inc. as the
Collective,
[[Page 3785]]
i.e., the organization charged with collecting the royalty payments and
statements of account submitted by eligible nonexempt noninteractive
digital subscription services such as New Subscription Services and
with distributing the royalties to the copyright owners and performers
entitled to receive them. 37 CFR 383.4(a). As the designated
Collective, SoundExchange may conduct a single audit of a licensee for
any calendar year in order 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. 37 CFR 383.4(a) and 382.15(c).
On December 23, 2015, SoundExchange filed with the Judges a notice
of intent to audit DMX's New Subscription Service for the years 2012,
2013, and 2014.
Section 382.15(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 December 23, 2015, notice
of intent to audit.
Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-01305 Filed 1-21-16; 8:45 am]
BILLING CODE 1410-72-P