81 FR 3786 - Notice of Intent To Audit

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 14 (January 22, 2016)

The Copyright Royalty Judges announce receipt of four notices of intent to audit the 2012, 2013, and 2014 statements of account submitted by commercial webcasters Batanga, DMX, Muzak Inc., and the 2013 and 2014 statements of account submitted by commercial webcaster Pandora Media Inc., concerning the royalty payments each made pursuant to two statutory licenses.

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3786-3787]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01306]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-0006-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 four notices 
of intent to audit the 2012, 2013, and 2014 statements of account 
submitted by commercial webcasters Batanga, DMX, Muzak Inc., and the 
2013 and 2014 statements of account submitted by commercial webcaster 
Pandora Media Inc., concerning the royalty payments each 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 
nonsubscription services such as Commercial Webcasters and with 
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). 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 380.6(c).
    On December 23, 2015, SoundExchange filed with the Judges notices 
of intent to audit Batanga, DMX, and Muzak Inc., for the years 2012, 
2013, and 2014 and Pandora Media Inc. for the years 2013 and 2014.
    Sections 380.6(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, notices 
of intent to audit.


[[Page 3787]]


    Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-01306 Filed 1-21-16; 8:45 am]
 BILLING CODE 1410-72-P