81 FR 3785 - Notice of Intent To Audit
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 81, Issue 14 (January 22, 2016)
Copyright Royalty Board
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3785-3785 | |
| FR Document | 2016-01301 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Notices] [Page 3785] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01301] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 16-0008-CRB-AU] Notice of Intent To Audit AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Public notice. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2012, 2013, and 2014 statements of account of Muzak LLC concerning the royalty payments its Preexisting 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, i.e., the organization charged with collecting the royalty payments and statements of account submitted by eligible nonexempt noninteractive digital subscription services such as Preexisting Subscription Services and with distributing the royalties to the copyright owners and performers entitled to receive them. 37 CFR 382.2. 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 382.6(c). On December 23, 2015, SoundExchange filed with the Judges a notice of intent to audit Muzak LLC's Preexisting Subscription Service for the years 2012, 2013, and 2014. Section 382.6(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 December 23, 2015, notice of intent to audit. Dated: January 19, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2016-01301 Filed 1-21-16; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices 3785
i.e., the organization charged with section 114 which allows nonexempt SUMMARY: The Copyright Royalty Judges
collecting the royalty payments and noninteractive digital subscription announce receipt of two notices of
statements of account submitted by services and eligible nonsubscription intent to audit the 2012, 2013, and 2014
eligible nonexempt noninteractive services to perform publicly sound statements of account submitted by
digital subscription services such as recordings by means of digital audio DMX and Muzak LLC concerning the
New Subscription Services and with transmissions. 17 U.S.C. 114(f). In royalty payments their Business
distributing the royalties to the addition, a statutory license in section Establishment Services made pursuant
copyright owners and performers 112 allows a service to make necessary to two statutory licenses.
entitled to receive them. 37 CFR ephemeral reproductions to facilitate FOR FURTHER INFORMATION CONTACT:
383.4(a). As the designated Collective, the digital transmission of the sound LaKeshia Keys, Program Specialist, by
SoundExchange may conduct a single recording. 17 U.S.C. 112(e). telephone at (202) 707–7658 or by email
audit of a licensee for any calendar year Licensees may operate under these at crb@loc.gov.
in order to verify royalty payments. licenses provided they pay the royalty SUPPLEMENTARY INFORMATION: The
SoundExchange must first file with the fees and comply with the terms set by Copyright Act, title 17 of the United
Judges a notice of intent to audit a the Copyright Royalty Judges. The rates States Code, grants to copyright owners
licensee and deliver the notice to the and terms for the section 112 and 114 of sound recordings the exclusive right
licensee. 37 CFR 383.4(a) and 382.15(c). licenses are set forth in 37 CFR parts to publicly perform sound recordings by
On December 23, 2015, 380 and 382–84. As part of the terms set means of certain digital audio
SoundExchange filed with the Judges a for these licenses, the Judges designated transmissions, subject to certain
notice of intent to audit DMX’s New SoundExchange, Inc. as the Collective, limitations. Specifically, the right is
Subscription Service for the years 2012, i.e., the organization charged with limited by an exception that allows
2013, and 2014. collecting the royalty payments and noninteractive public performances by
Section 382.15(c) requires the Judges statements of account submitted by means of a digital audio transmission
to publish notice in the Federal Register eligible nonexempt noninteractive that are part of a transmission to a
within 30 days of receipt of a notice digital subscription services such as business establishment for use in the
announcing the Collective’s intent to Preexisting Subscription Services and ordinary course of its business. 17
conduct an audit. Today’s notice fulfills with distributing the royalties to the U.S.C. 114(d)(1)(C)(iv). In addition, a
this requirement with respect to copyright owners and performers statutory license in section 112 allows a
SoundExchange’s December 23, 2015, entitled to receive them. 37 CFR 382.2. service to make necessary ephemeral
notice of intent to audit. As the designated Collective, reproductions to facilitate the digital
Dated: January 19, 2016. SoundExchange may conduct a single transmission of the sound recording,
Suzanne M. Barnett, audit of a licensee for any calendar year including the ephemeral recordings
Chief Copyright Royalty Judge.
in order to verify royalty payments. made by entities that transmit
SoundExchange must first file with the performances of sound recordings to
[FR Doc. 2016–01305 Filed 1–21–16; 8:45 am]
Judges a notice of intent to audit a business establishments (Business
BILLING CODE 1410–72–P
licensee and deliver the notice to the Establishment Services).1 17 U.S.C.
licensee. 37 CFR 382.6(c). 112(e).
LIBRARY OF CONGRESS On December 23, 2015, Licensees may operate under this
SoundExchange filed with the Judges a license provided they pay the royalty
Copyright Royalty Board notice of intent to audit Muzak LLC’s fees and comply with the terms set by
Preexisting Subscription Service for the the Copyright Royalty Judges. The rates
[Docket No. 16–0008–CRB–AU] years 2012, 2013, and 2014. and terms for the section 112 license for
Section 382.6(c) requires the Judges to Business Establishment Services is set
Notice of Intent To Audit
publish notice in the Federal Register forth in 37 CFR part 384. As part of the
AGENCY: Copyright Royalty Board, within 30 days of receipt of a notice terms set for this license, the Judges
Library of Congress. announcing the Collective’s intent to designated SoundExchange, Inc. as the
ACTION: Public notice. conduct an audit. Today’s notice fulfills Collective, i.e., the organization charged
this requirement with respect to with collecting the royalty payments
SUMMARY: The Copyright Royalty Judges SoundExchange’s December 23, 2015, and statements of account submitted by
announce receipt of a notice of intent to notice of intent to audit. Business Establishment Services and
audit the 2012, 2013, and 2014 Dated: January 19, 2016. with distributing the royalties to the
statements of account of Muzak LLC
Suzanne M. Barnett, copyright owners and performers
concerning the royalty payments its
Chief Copyright Royalty Judge. entitled to receive them. 37 CFR
Preexisting Subscription Service made
[FR Doc. 2016–01301 Filed 1–21–16; 8:45 am] 384.4(b). As the designated Collective,
pursuant to two statutory licenses.
BILLING CODE 1410–72–P
SoundExchange may conduct a single
FOR FURTHER INFORMATION CONTACT: audit of a licensee for any calendar year
LaKeshia Keys, Program Specialist, by in order to verify royalty payments.
telephone at (202) 707–7658 or by email SoundExchange must first file with the
LIBRARY OF CONGRESS
at crb@loc.gov. Judges a notice of intent to audit a
SUPPLEMENTARY INFORMATION: The Copyright Royalty Board licensee and serve the notice on the
mstockstill on DSK4VPTVN1PROD with NOTICES
Copyright Act, title 17 of the United licensee. 37 CFR 384.6(c).
States Code, grants to copyright owners [Docket No. 16–0004–CRB–AU] On December 23, 2015,
of sound recordings the exclusive right SoundExchange filed with the Judges a
to publicly perform sound recordings by Notice of Intent To Audit
notice of intent to audit the Business
means of certain digital audio AGENCY: Copyright Royalty Board, Establishment Services of DMX and
transmissions, subject to certain Library of Congress.
limitations. Specifically, the right is 1 Subject to the limitations set forth in section
ACTION: Public notice.
limited by the statutory license in 114(d)(1)(C)(iv).
VerDate Sep<11>2014 16:59 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1](https://thefederalregister.org/doc/81_FR_3799/page/1.svg)
Document Created: 2016-01-22 01:16:41
Document Modified: 2016-01-22 01:16:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Public notice. | |
| Contact | LaKeshia Keys, Program Specialist, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 81 FR 3785 |
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