82 FR 34554 - Notice of SoundExchange's Intent To Audit Music Choice's “Preexisting” Subscription Service and Business Establishment Service for CY 2016
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 82, Issue 141 (July 25, 2017)
Copyright Royalty Board
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34554-34555 | |
| FR Document | 2017-15528 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Notices] [Pages 34554-34555] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15528] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 17-0015-CRB-AU] Notice of SoundExchange's Intent To Audit Music Choice's ``Preexisting'' Subscription Service and Business Establishment Service for CY 2016 AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Public notice of receipt of a notice of intent to audit statements of account. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2016 statements of account of Music Choice concerning the royalty payments its Preexisting Subscription Service and Business Establishments Service made pursuant to two statutory licenses. DATES: The notice of intent to audit was filed with the Copyright Royalty Board on June 27, 2017. ADDRESSES: Docket: For access to the docket to read the notice of intent to audit, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 17-0015-CRB-AU. FOR FURTHER INFORMATION CONTACT: Anita Brown, 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 limitations. Specifically, the right is limited by the statutory license in section 114 which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, and preexisting satellite digital audio radio 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, including for transmissions to business establishments.\1\ 17 U.S.C. 112(e). --------------------------------------------------------------------------- \1\ Subject to the limitations set forth in section 114(d)(1)(C)(iv). --------------------------------------------------------------------------- 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 [[Page 34555]] 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 licensees, including those that operate preexisting subscription services and those that make ephemeral copies for transmission to business establishments. The Collective is also charged with distributing the royalties to the copyright owners and performers entitled to receive them. See 37 CFR 382.2, 384.4(b). As the Collective, SoundExchange may, not more than once a calendar year, conduct an audit of a licensee for any or all of the prior three years 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. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective's intent to conduct an audit. See 37 CFR 382.6, 384.6. On June 27, 2017, SoundExchange filed with the Judges a notice of intent to audit Music Choice's Preexisting Subscription Service and Business Establishment Service for calendar year 2016. Today's notice fulfills the Judges' publication obligation with respect to SoundExchange's June 27, 2017 notice of intent to audit. Dated: July 19, 2017. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2017-15528 Filed 7-24-17; 8:45 am] BILLING CODE 1410-72-P
![34554 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
submit to the President of the United Government service (5 U.S.C. 5701– LIBRARY OF CONGRESS
States a final report which details these 5707), consistent with the availability of
strategies and proposals. Pursuant to the funds. Each member of the Task Force Copyright Royalty Board
Executive Order, the report must shall serve at the pleasure of the [Docket No. 17–0015–CRB–AU]
specifically address the following four Secretary of Labor for a term specified
topics: in the Task Force’s charter (not to Notice of SoundExchange’s Intent To
• Federal initiatives to promote exceed 30 days after the delivery of the Audit Music Choice’s ‘‘Preexisting’’
apprenticeships; panel’s final report to the President). Subscription Service and Business
• Administrative and legislative Establishment Service for CY 2016
The Secretary of Labor may also appoint
reforms that would facilitate the
formation and success of apprenticeship members to fill any Task Force AGENCY: Copyright Royalty Board (CRB),
programs; vacancies that may emerge while the Library of Congress.
• The most effective strategies for panel is in existence.
ACTION: Public notice of receipt of a
creating industry-recognized Nomination Process: Any interested notice of intent to audit statements of
apprenticeships; and person or organization may nominate account.
• The most effective strategies for one or more qualified individuals for
amplifying and encouraging private- membership on the Task Force. If you SUMMARY: The Copyright Royalty Judges
sector initiatives to promote would like to nominate yourself or announce receipt of a notice of intent to
apprenticeships. another person for appointment to the audit the 2016 statements of account of
The Task Force will be solely Music Choice concerning the royalty
advisory in nature, and will consider panel, you must include the following
information as part of the application: payments its Preexisting Subscription
testimony, reports, comments, research, Service and Business Establishments
evidence, and existing practices as • A copy of the nominee’s resume; Service made pursuant to two statutory
appropriate to develop • A cover letter that provides your licenses.
recommendations for inclusion in its reason(s) for nominating the individual, DATES: The notice of intent to audit was
final report to the President. While the including a description of the relevant filed with the Copyright Royalty Board
Executive Order did not set forth a experience and subject-matter expertise on June 27, 2017.
definite time frame by which the panel
of that person concerning the ADDRESSES: Docket: For access to the
must complete its development of
development of a skilled workforce docket to read the notice of intent to
apprenticeship-related strategies and
proposals and submit its final report to through quality apprenticeship audit, go to eCRB, the Copyright Royalty
the President, it is important to note that programs; and Board’s electronic filing and case
the Task Force will not be continuing in • Contact information for the management system, at https://
nature. Pursuant to the Executive Order, nominee (name, title, business address, app.crb.gov/ and search for docket
the Task Force shall terminate 30 days business phone, fax number, and number 17–0015–CRB–AU.
after it submits its final report to the business email address). FOR FURTHER INFORMATION CONTACT:
President. Anita Brown, Program Specialist, by
In addition, the cover letter must
Under the Executive Order, the telephone at (202) 707–7658 or by email
represent that the Task Force nominee
Secretary of Labor shall serve as the at crb@loc.gov.
has agreed to be nominated and is
Chair of the Task Force. The Secretaries SUPPLEMENTARY INFORMATION: The
of Education and Commerce shall serve willing to serve on the panel. Please do
not include any information in your Copyright Act, title 17 of the United
as Vice-Chairs of the Task Force. The States Code, grants to copyright owners
Secretary of Labor shall appoint the nomination submission that you do not
of sound recordings the exclusive right
other members of the Task Force, which want publicly disclosed. In selecting
to publicly perform sound recordings by
shall consist of no more than twenty Task Force members, the Secretary of means of certain digital audio
(20) individuals who work for or Labor will consider individuals transmissions, subject to limitations.
represent the perspectives of American nominated in response to this Federal Specifically, the right is limited by the
companies, trade or industry groups, Register notice, as well as other statutory license in section 114 which
educational institutions, and labor qualified individuals. Nominees will be allows nonexempt noninteractive digital
unions, and such other persons as the appointed based upon their subscription services, eligible
Secretary of Labor may from time to demonstrated qualifications, nonsubscription services, and
time designate. These members shall professional experience, and preexisting satellite digital audio radio
include distinguished citizens from demonstrated knowledge of issues services to perform publicly sound
outside of the Federal Government with related to the scope and purpose of the recordings by means of digital audio
relevant experience or subject-matter Task Force, as well as the need to obtain transmissions. 17 U.S.C. 114(f). In
expertise concerning the development a diverse range of views on this addition, a statutory license in section
of a skilled workforce through quality important subject. 112 allows a service to make necessary
apprenticeship programs. Pursuant to ephemeral reproductions to facilitate
the Executive Order, a member of the Byron Zuidema, the digital transmission of the sound
Task Force may designate a senior Deputy Assistant Secretary for the recording, including for transmissions
member of his or her organization to Employment and Training Administration. to business establishments.1 17 U.S.C.
attend any Task Force meeting.
mstockstill on DSK30JT082PROD with NOTICES
[FR Doc. 2017–15682 Filed 7–24–17; 8:45 am] 112(e).
Members of the Task Force shall serve BILLING CODE 4510–FR–P Licensees may operate under these
without additional compensation for licenses provided they pay the royalty
their work on the Task Force, but shall fees and comply with the terms set by
be allowed travel expenses, including the Copyright Royalty Judges. The rates
per diem in lieu of subsistence, to the
extent permitted by law for persons 1 Subject to the limitations set forth in section
serving intermittently in the 114(d)(1)(C)(iv).
VerDate Sep<11>2014 19:30 Jul 24, 2017 Jkt 241001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1](https://thefederalregister.org/doc/82_FR_34695/page/1.svg)
![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices 34555
and terms for the section 112 and 114 when agencies no longer need them for and authorize the agency to dispose of
licenses are set forth in 37 CFR parts current Government business. The all other records after the agency no
380 and 382–84. records schedules authorize agencies to longer needs them to conduct its
As part of the terms set for these preserve records of continuing value in business. Some schedules are
licenses, the Judges designated the National Archives of the United comprehensive and cover all the records
SoundExchange, Inc. as the Collective, States and to destroy, after a specified of an agency or one of its major
i.e., the organization charged with period, records lacking administrative, subdivisions. Most schedules, however,
collecting the royalty payments and legal, research, or other value. NARA cover records of only one office or
statements of account submitted by publishes notice in the Federal Register program or a few series of records. Many
licensees, including those that operate for records schedules in which agencies of these update previously approved
preexisting subscription services and propose to destroy records they no schedules, and some include records
those that make ephemeral copies for longer need to conduct agency business. proposed as permanent.
transmission to business establishments. NARA invites public comments on such The schedules listed in this notice are
The Collective is also charged with records schedules. media neutral unless otherwise
distributing the royalties to the DATES: NARA must receive requests for specified. An item in a schedule is
copyright owners and performers copies in writing by August 24, 2017. media neutral when an agency may
entitled to receive them. See 37 CFR Once NARA finishes appraising the apply the disposition instructions to
382.2, 384.4(b). records, we will send you a copy of the records regardless of the medium in
As the Collective, SoundExchange schedule you requested. We usually which it creates or maintains the
may, not more than once a calendar prepare appraisal memoranda that records. Items included in schedules
year, conduct an audit of a licensee for contain additional information submitted to NARA on or after
any or all of the prior three years in concerning the records covered by a December 17, 2007, are media neutral
order to verify royalty payments. proposed schedule. You may also unless the item is expressly limited to
SoundExchange must first file with the request these. If you do, we will also a specific medium. (See 36 CFR
Judges a notice of intent to audit a provide them once we have completed 1225.12(e).)
licensee and deliver the notice to the Agencies may not destroy Federal
the appraisal. You have 30 days after we
licensee. The Judges must publish records without Archivist of the United
send to you these requested documents
notice in the Federal Register within 30 States’ approval. The Archivist approves
in which to submit comments. destruction only after thoroughly
days of receipt of a notice announcing ADDRESSES: You may request a copy of
the Collective’s intent to conduct an considering the records’ administrative
any records schedule identified in this use by the agency of origin, the rights
audit. See 37 CFR 382.6, 384.6. notice by contacting Records Appraisal
On June 27, 2017, SoundExchange of the Government and of private people
and Agency Assistance (ACRA) using directly affected by the Government’s
filed with the Judges a notice of intent one of the following means:
to audit Music Choice’s Preexisting activities, and whether or not the
Mail: NARA (ACRA); 8601 Adelphi records have historical or other value.
Subscription Service and Business Road; College Park, MD 20740–6001.
Establishment Service for calendar year In addition to identifying the Federal
Email: request.schedule@nara.gov. agencies and any subdivisions
2016. Today’s notice fulfills the Judges’ FAX: 301–837–3698.
publication obligation with respect to requesting disposition authority, this
You must cite the control number,
SoundExchange’s June 27, 2017 notice notice lists the organizational unit(s)
which appears in parentheses after the
of intent to audit. accumulating the records (or notes that
name of the agency that submitted the
the schedule has agency-wide
Dated: July 19, 2017. schedule, and a mailing address. If you
applicability when schedules cover
Suzanne M. Barnett, would like an appraisal report, please
records that may be accumulated
Chief Copyright Royalty Judge. include that in your request.
throughout an agency); provides the
[FR Doc. 2017–15528 Filed 7–24–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: control number assigned to each
BILLING CODE 1410–72–P
Margaret Hawkins, Director, by mail at schedule, the total number of schedule
Records Appraisal and Agency items, and the number of temporary
Assistance (ACRA), National Archives items (the records proposed for
and Records Administration, 8601 destruction); and includes a brief
NATIONAL ARCHIVES AND RECORDS
Adelphi Road, College Park, MD 20740– description of the temporary records.
ADMINISTRATION
6001, by phone at 301–837–1799, or by The records schedule itself contains a
[NARA–2017–057] email at request.schedule@nara.gov. full description of the records at the file
SUPPLEMENTARY INFORMATION: NARA unit level as well as their disposition. If
Records Schedules; Availability and publishes notice in the Federal Register
Request for Comments NARA staff has prepared an appraisal
for records schedules they no longer memorandum for the schedule, it also
AGENCY: National Archives and Records need to conduct agency business. NARA includes information about the records.
Administration (NARA). invites public comments on such You may request additional information
ACTION: Notice of availability of records schedules, as required by 44 about the disposition process at the
proposed records schedules; request for U.S.C. 3303a(a). addresses above.
comments. Each year, Federal agencies create
billions of records on paper, film, Schedules Pending
SUMMARY: The National Archives and magnetic tape, and other media. To 1. Department of Defense, Defense
mstockstill on DSK30JT082PROD with NOTICES
Records Administration (NARA) control this accumulation, agency Logistics Agency (DAA–0361–2017–
publishes notice at least once monthly records managers prepare schedules 0004, 1 item, 1 temporary item). Records
of certain Federal agency requests for proposing records retention periods and used to track the disposal of abandoned
records disposition authority (records submit these schedules for NARA’s and destructed property and hazardous
schedules). Once approved by NARA, approval. These schedules provide for material.
records schedules provide mandatory timely transfer into the National 2. Department of Homeland Security,
instructions on what happens to records Archives of historically valuable records Immigration and Customs Enforcement
VerDate Sep<11>2014 19:30 Jul 24, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1](https://thefederalregister.org/doc/82_FR_34695/page/2.svg)
Document Created: 2018-10-24 11:20:08
Document Modified: 2018-10-24 11:20:08
| 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 of receipt of a notice of intent to audit statements of account. | |
| Dates | The notice of intent to audit was filed with the Copyright Royalty Board on June 27, 2017. | |
| Contact | Anita Brown, Program Specialist, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 82 FR 34554 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR