82 FR 7875 - Notice of Intent To Audit
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 82, Issue 13 (January 23, 2017)
Copyright Royalty Board
Federal Register Volume 82, Issue 13 (January 23, 2017)
| Page Range | 7875-7876 | |
| FR Document | 2017-01320 |
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)] [Notices] [Pages 7875-7876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01320] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 17-0004-CRB-AU, 17-0007-CRB-AU, and 17-0010-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 three notices of intent to audit the 2013, 2014, and 2015 statements of account submitted by commercial webcasters Radionomy (Docket No. 17-CRB-0004- AU), IMVU, Inc. (Docket No. 17-CRB-0007-AU), [[Page 7876]] and Slacker, Inc. (Docket No. 17-CRB-0010-AU), concerning the royalty payments each made pursuant to two statutory licenses. FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, by telephone at (202) 707-7658 or by email at [email protected]. SUMMARY INFORMATION: The Copyright Act, title 17 of the United States Code, grants to sound recordings copyright owners 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. 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 Commercial Webcasters and with distributing the royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See 37 CFR 380.4(d). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar 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. See 37 CFR 380.6. On December 22, 2016, SoundExchange filed with the Judges notices of intent to audit Radionomy, IMVU, Inc., and Slacker, Inc., for the years 2013, 2014, and 2015. 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 380.6(c). Today's notice fulfills this requirement with respect to SoundExchange's December 22, 2016, notices of intent to audit. Dated: January 13, 2017. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2017-01320 Filed 1-19-17; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7875
separately address each numbered challenges and problems faced by ephemeral reproductions to facilitate
subject for which a response is authors who want to protect the the digital transmission of the sound
submitted. attribution and integrity of their works? recording. 17 U.S.C. 112(e).
Licensees may operate under these
General Questions Regarding Other Issues licenses provided they pay the royalty
Availability of Moral Rights in the 10. Are there any voluntary initiatives fees and comply with the terms set by
United States that could be developed and taken by the Copyright Royalty Judges. The rates
1. Please comment on the means by interested parties in the private sector to and terms for the section 112 and 114
which the United States protects the improve authors’ means to secure and licenses are set forth in 37 CFR parts
moral rights of authors, specifically the enforce their rights of attribution and 380 and 382–84.
rights of integrity and attribution. integrity? If so, how could the As part of the terms set for these
Should additional moral rights government facilitate these initiatives? licenses, the Judges designated
protection be considered? If so, what 11. Please identify any pertinent SoundExchange, Inc., as the Collective,
specific changes should be considered issues not referenced above that the i.e., the organization charged with
by Congress? Copyright Office should consider in collecting the royalty payments and
Title 17 conducting its study statements of account submitted by
Dated: January 13, 2017. eligible nonsubscription services such
2. How effective has section 106A as broadcasters and with distributing
(VARA) been in promoting and Karyn Temple Claggett,
the royalties to copyright owners and
protecting the moral rights of authors of Acting Register of Copyrights and Director
performers entitled to receive them. See
visual works? What, if any, legislative of the U.S. Copyright Office.
37 CFR 380.33(b)(1).
solutions to improve VARA might be [FR Doc. 2017–01294 Filed 1–19–17; 8:45 am]
As the designated Collective,
advisable? BILLING CODE 1410–30–P SoundExchange may, once during a
3. How have section 1202’s provisions calendar year, conduct an audit of a
on copyright management information licensee for any or all of the prior three
been used to support authors’ moral LIBRARY OF CONGRESS years in order to verify royalty
rights? Should Congress consider payments. SoundExchange must first
updates to section 1202 to strengthen Copyright Royalty Board
file with the Judges a notice of intent to
moral rights protections? If so, in what [Docket Nos. 17–0008–CRB–AU and 17– audit a licensee and deliver the notice
ways? 0009–CRB–AU] to the licensee. See 37 CFR 380.35.
4. Would stronger protections for On December 22, 2016,
either the right of attribution or the right Notice of Intent To Audit SoundExchange filed with the Judges
of integrity implicate the First notices of intent to audit licensee
Amendment? If so, how should they be AGENCY: Copyright Royalty Board,
Library of Congress. broadcasters Cox Radio, Inc., and
reconciled? Hubbard Broadcasting, Inc., for 2013–
5. If a more explicit provision on ACTION: Public notice.
15. The Judges must publish notice in
moral rights were to be added to the
SUMMARY: The Copyright Royalty Judges the Federal Register within 30 days of
Copyright Act, what exceptions or
announce receipt of two notices of receipt of a notice announcing the
limitations should be considered? What
limitations on remedies should be intent to audit the 2013, 2014, and 2015 Collective’s intent to conduct an audit.
considered? statements of account submitted by See 37 CFR 380.35(c). Today’s notice
broadcasters Cox Radio (Docket No. 17– fulfills this requirement with respect to
Other Federal and State Laws CRB–0009–AU) and Hubbard SoundExchange’s December 22, 2016
6. How has the Dastar decision Broadcasting (Docket No. 17–CRB– notices of intent to audit.
affected moral rights protections in the 0008–AU) concerning royalty payments Dated: January 13, 2017.
United States? Should Congress each made pursuant to two statutory Suzanne M. Barnett,
consider legislation to address the licenses. Chief Copyright Royalty Judge.
impact of the Dastar decision on moral FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–01319 Filed 1–19–17; 8:45 am]
rights protection? If so, how? Anita Brown, Program Specialist, by BILLING CODE 1410–72–P
7. What impact has contract law and telephone at (202) 707–7658 or by email
collective bargaining had on an author’s at crb@loc.gov.
ability to enforce his or her moral LIBRARY OF CONGRESS
SUMMARY INFORMATION: The Copyright
rights? How does the issue of waiver of
Act, title 17 of the United States Code,
moral rights affect transactions and Copyright Royalty Board
grants to copyright owners of sound
other commercial, as well as non-
recordings the exclusive right to [Docket No. 17–0004–CRB–AU, 17–0007–
commercial, dealings?
publicly perform sound recordings by CRB–AU, and 17–0010–CRB–AU]
Insights From Other Countries’ means of certain digital audio
Implementation of Moral Rights transmissions, subject to limitations. Notice of Intent To Audit
Obligations Specifically, the right is limited by the AGENCY: Copyright Royalty Board,
8. How have foreign countries statutory license in section 114 which Library of Congress.
protected the moral rights of authors, allows nonexempt noninteractive digital ACTION: Public notice.
subscription services, eligible
mstockstill on DSK3G9T082PROD with NOTICES
including the rights of attribution and
integrity? How well would such an nonsubscription services, and SUMMARY: The Copyright Royalty Judges
approach to protecting moral rights preexisting satellite digital audio radio announce receipt of three notices of
work in the U.S. context? services to perform publicly sound intent to audit the 2013, 2014, and 2015
recordings by means of digital audio statements of account submitted by
Technological Developments transmissions. 17 U.S.C. 114(f). In commercial webcasters Radionomy
9. How does, or could, technology be addition, a statutory license in section (Docket No. 17–CRB–0004–AU), IMVU,
used to address, facilitate, or resolve 112 allows a service to make necessary Inc. (Docket No. 17–CRB–0007–AU),
VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1](https://thefederalregister.org/doc/82_FR_7888/page/1.svg)
![7876 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
and Slacker, Inc. (Docket No. 17–CRB– SoundExchange’s December 22, 2016, As part of the terms set for these
0010–AU), concerning the royalty notices of intent to audit. licenses, the Judges designated
payments each made pursuant to two Dated: January 13, 2017. SoundExchange, Inc. as the Collective,
statutory licenses. Suzanne M. Barnett,
i.e., the organization charged with
FOR FURTHER INFORMATION CONTACT: collecting the royalty payments and
Chief Copyright Royalty Judge.
Anita Brown, Program Specialist, by statements of account submitted by
[FR Doc. 2017–01320 Filed 1–19–17; 8:45 am] licensees, including those that operate
telephone at (202) 707–7658 or by email
at crb@loc.gov.
BILLING CODE 1410–72–P commercial webcaster services,
SUMMARY INFORMATION: The Copyright
preexisting satellite digital audio radio
Act, title 17 of the United States Code, services, new subscription services, and
LIBRARY OF CONGRESS those that make ephemeral copies for
grants to sound recordings copyright
owners the exclusive right to publicly Copyright Royalty Board transmission to business establishments.
perform sound recordings by means of The Collective is also charged with
[Docket No. 17–0006–CRB–AU] distributing the royalties to the
certain digital audio transmissions,
copyright owners and performers
subject to limitations. Specifically, the Notice of Intent To Audit entitled to receive them under the
right is limited by the statutory license
section 112 and 114 licenses. See 37
in section 114 which allows nonexempt AGENCY: Copyright Royalty Board,
CFR 380.4(d), 382.13(b)(1), 383.4(a),
noninteractive digital subscription Library of Congress.
384.4(b)(1).
services, eligible nonsubscription ACTION: Public notice. As the Collective,t, SoundExchange
services, and preexisting satellite digital may, once during a calendar year,
audio radio services to perform publicly SUMMARY INFORMATION: The Copyright
conduct an audit of a licensee for any
sound recordings by means of digital Royalty Judges announce receipt of a or all of the prior three years in order
audio transmissions. 17 U.S.C. 114(f). In notice of intent to audit the 2013, 2014, to verify royalty payments.
addition, a statutory license in section and 2015 statements of account of Sirius SoundExchange must first file with the
112 allows a service to make necessary XM Radio, Inc., concerning royalty Judges a notice of intent to audit a
ephemeral reproductions to facilitate payments its Commercial Webcaster licensee and deliver the notice to the
the digital transmission of the sound service, Preexisting Satellite Digital licensee. See 37 CFR 380.6, 382.15,
recording. 17 U.S.C. 112(e). Audio Radio Service, New Subscription 383.4(a), and 384.6.
Licensees may operate under these Service, and Business Establishment On December 22, 2016,
licenses provided they pay the royalty Service made pursuant to two statutory SoundExchange filed with the Judges a
fees and comply with the terms set by licenses. notice of intent to audit Sirius XM
the Copyright Royalty Judges. The rates FOR FURTHER INFORMATION CONTACT: Radio, Inc.’s Commercial Webcaster
and terms for the section 112 and 114 Anita Brown, Program Specialist, by service, Preexisting Satellite Digital
licenses are set forth in 37 CFR parts telephone at (202) 707–7658 or by email Audio Radio Service, New Subscription
380 and 382–84. at crb@loc.gov. Service, and Business Establishment
As part of the terms set for these SUMMARY INFORMATION: The Copyright Service for the years 2013, 2014, and
licenses, the Judges designated Act, title 17 of the United States Code, 2015. The Judges must publish notice in
SoundExchange, Inc., as the Collective, grants to copyright owners of sound the Federal Register within 30 days of
i.e., the organization charged with recordings the exclusive right to receipt of a notice announcing the
collecting the royalty payments and publicly perform sound recordings by Collective’s intent to conduct an audit.
statements of account submitted by means of certain digital audio See 37 CFR 380.6(c), 382.15(c), 383.4(a),
eligible nonexempt noninteractive transmissions, subject to limitations. and 384.6(c). Today’s notice fulfills this
digital subscription services such as Specifically, the right is limited by the requirement with respect to
Commercial Webcasters and with statutory license in section 114 which SoundExchange’s December 22, 2016,
distributing the royalties to the allows nonexempt noninteractive digital notice of intent to audit.
copyright owners and performers subscription services, eligible
entitled to receive them under the Dated: January 13, 2017.
nonsubscription services, and
section 112 and 114 licenses. See 37 Suzanne M. Barnett,
preexisting satellite digital audio radio
CFR 380.4(d). services to perform publicly sound Chief Copyright Royalty Judge.
As the Collective, SoundExchange recordings by means of digital audio [FR Doc. 2017–01321 Filed 1–19–17; 8:45 am]
may, only once a year, conduct an audit transmissions. 17 U.S.C. 114(f). BILLING CODE 1410–72–P
of a licensee for any or all of the prior In addition, a statutory license in
three calendar years in order to verify section 112 allows a service to make
royalty payments. SoundExchange must necessary ephemeral reproductions to LIBRARY OF CONGRESS
first file with the Judges a notice of facilitate the digital transmission of the
intent to audit a licensee and deliver the Copyright Royalty Board
sound recording, including
notice to the licensee. See 37 CFR 380.6. transmissions to business [Consolidated Docket No. 14–CRB–0010–
On December 22, 2016, establishments.1 17 U.S.C. 112(e). CD (2010–13)]
SoundExchange filed with the Judges Licensees may operate under these
notices of intent to audit Radionomy, Distribution of 2010–13 Cable Royalty
licenses provided they pay the royalty
IMVU, Inc., and Slacker, Inc., for the Funds
mstockstill on DSK3G9T082PROD with NOTICES
fees and comply with the terms set by
years 2013, 2014, and 2015. The Judges the Copyright Royalty Judges. The rates AGENCY: Copyright Royalty Board,
must publish notice in the Federal and terms for the section 112 and 114 Library of Congress.
Register within 30 days of receipt of a licenses are set forth in 37 CFR parts ACTION: Notice requesting comments.
notice announcing the Collective’s 380 and 382–84.
intent to conduct an audit. See 37 CFR SUMMARY: The Copyright Royalty Judges
380.6(c). Today’s notice fulfills this 1 Subjectto the limitations set forth in section announce settlement of controversies
requirement with respect to 114(d)(1)(C)(iv). and requests for partial distribution of
VerDate Sep<11>2014 19:02 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1](https://thefederalregister.org/doc/82_FR_7888/page/2.svg)
Document Created: 2017-01-20 01:29:26
Document Modified: 2017-01-20 01:29:26
| 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 | Anita Brown, Program Specialist, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 82 FR 7875 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR