83 FR 3032 - Notice of Intent To Audit
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 14 (January 22, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 3032-3033 | |
| FR Document | 2018-01011 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Notices] [Pages 3032-3033] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01011] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket Nos. 18-CRB-0001-AU (Music Choice), 18-CRB-0002-AU (Google Inc.), 18-CRB-0003-AU (Alpha Media LLC)] Notice of Intent To Audit AGENCY: Copyright Royalty Board (CRB), 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 webcaster and broadcaster Alpha Media LLC and by commercial webcasters Google Inc. and Music Choice \1\ concerning royalty payments each made pursuant to two statutory licenses. --------------------------------------------------------------------------- \1\ The Judges' receipt and publication of SoundExchange's notice of intent to audit Music Choice in these circumstances does not imply an opinion regarding the applicability of the section 112 and 114 licenses to Music Choice's webcast transmissions. ADDRESSES: Docket: For access to the docket to read background documents, [[Page 3033]] go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket numbers 18-CRB-0001-AU (Music Choice), 18-CRB-0002-AU (Google Inc.), --------------------------------------------------------------------------- and 18-CRB-0003-AU (Alpha Media LLC). FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY 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 performance right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, pre-existing subscription 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 for these licenses, the Judges designated SoundExchange, Inc., as the Collective, i.e., the organization charged with collecting royalty payments and statements of account submitted by eligible licensees and with distributing royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See, e.g., 37 CFR 380.2(a).\2\ --------------------------------------------------------------------------- \2\ Citations are to current sections of the CFR. --------------------------------------------------------------------------- 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, e.g., 37 CFR 380.6(c). On December 22, 2017, SoundExchange filed with the Judges notices of intent to audit licensees Alpha Media LLC and Google Inc. for their transmissions terminating in the United States for the years 2014, 2015, and 2016. On December 29, 2017, it filed a notice of intent to audit Music Choice for its webcast transmissions for the same years. 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 id. Today's notice fulfills this requirement with respect to SoundExchange's notices of intent to audit filed December 22, 2017, and December 29, 2017. Dated: January 17, 2018. Suzanne M. Barnett, Chief Copyright. [FR Doc. 2018-01011 Filed 1-19-18; 8:45 am] BILLING CODE 1410-72-P
![3032 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
gear) or § 1917.50 (for other interbox terminals, the Agency reduced the personal information such as social
connectors). Paragraph (i)(8)(v) requires estimated number of marine terminals security numbers and date of birth.
employers to have a certificate available that use VTLs with updated Although all submissions are listed in
for inspection that attests that the establishment data from the North the http://www.regulations.gov index,
interbox connector meets the strength American Classification Information some information (e.g., copyrighted
criteria specified in paragraph (i)(8)(iv) System (NACIS) retrieved from the material) is not publicly available to
of the standard. Also, paragraph Bureau of Labor Statistics http:// read or download through this website.
(i)(8)(vi) requires that each interbox www.regulations.gov. All submissions, including copyrighted
connector be clearly and durably Type of Review: Extension of a material, are available for inspection
marked with its safe working load for currently approved collection. and copying at the OSHA Docket Office.
lifting, including an identifying number Title: Vertical tandem Lifts (VTLs) for Information on using the http://
or mark that will enable it to be Marine Terminals (29 CFR part 1917). www.regulations.gov website to submit
associated with its test certificate. OMB Control Number: 1218–0260. comments and access the docket is
The certification is necessary to Affected Public: Business or other for- available at the website’s ‘‘User Tips’’
ensure that interbox connector-corner profits; not-for-profit organizations; link. Contact the OSHA Docket Office
casting assemblies have adequate Federal Government; State, Local, or for information about materials not
strength to safely perform the lift. Tribal Government. available from the website, and for
Marking of interbox connectors informs Number of Respondents: 128. assistance in using the internet to locate
employers, workers, and OSHA that the Number of Responses: 128. docket submissions.
interbox connectors have been certified. Frequency of Responses: On occasion.
Average Time per Response: The V. Authority and Signature
Paragraph (j)(2) of § 1917.71 requires
the employer to develop, implement, average time is 4 hours for employers to Loren Sweatt, Deputy Assistant
and maintain a written plan for generate, develop, and maintain a Secretary of Labor for Occupational
transporting vertically connected written plan for transporting vertically Safety and Health, directed the
containers in the terminal. The transport coupled containers in a terminal. preparation of this notice. The authority
plan helps ensure the safety of terminal Estimated Total Burden Hours: 512. for this notice is the Paperwork
workers and thereby enhances Estimated Cost (Operation and Reduction Act of 1995 (44 U.S.C. 3506
productivity. Paragraph (k)(2) of Maintenance): $0. et seq.) and Secretary of Labor’s Order
§ 1917.71 requires the written transport IV. Public Participation—Submission of No. 1–2012 (77 FR 3912).
plan to identify a safe work zone within Comments on This Notice and Internet Signed at Washington, DC, on January 12,
which workers are not permitted to be Access to Comments and Submissions 2018.
present when a VTL is in motion. You may submit comments in Loren Sweatt,
Written plans give employers, Deputy Assistant Secretary of Labor for
response to this document as follows:
workers, and OSHA compliance officers Occupational Safety and Health.
(1) Electronically at: http://
assurance that VTLs are safe to use and [FR Doc. 2018–00973 Filed 1–19–18; 8:45 am]
www.regulations.gov, which is the
provide the compliance officers with an BILLING CODE 4510–26–P
Federal eRulemaking Portal; (2) by
efficient means to assess employer
facsimile; or (3) by hard copy. All
compliance with the Standard.
comments, attachments, and other
II. Special Issues for Comment material must identify the Agency name LIBRARY OF CONGRESS
OSHA has a particular interest in and the OSHA docket number for the
ICR (Docket No. OSHA–2011–0066). Copyright Royalty Board
comments on the following issues:
• Whether the proposed information You may supplement electronic [Docket Nos. 18–CRB–0001–AU (Music
collection requirements are necessary submissions by uploading document Choice), 18–CRB–0002–AU (Google Inc.),
files electronically. If you wish to mail 18–CRB–0003–AU (Alpha Media LLC)]
for the proper performance of the
Agency’s functions to protect workers, additional materials in reference to an
electronic or a facsimile submission, Notice of Intent To Audit
including whether the information is
useful; you must submit them to the OSHA AGENCY: Copyright Royalty Board (CRB),
• The accuracy of OSHA’s estimate of Docket Office (see the section of this Library of Congress.
the burden (time and costs) of the notice titled ADDRESSES). The additional ACTION: Public notice.
information collection requirements, materials must clearly identify your
including the validity of the electronic comments by your name, SUMMARY: The Copyright Royalty Judges
methodology and assumptions used; date, and the docket number so that the announce receipt of three notices of
• The quality, utility, and clarity of Agency can attach them to your intent to audit the 2013, 2014, and 2015
the information collected; and comments. statements of account submitted by
• Ways to minimize the burden on Because of security procedures, the commercial webcaster and broadcaster
employers who must comply; for use of regular mail may cause a Alpha Media LLC and by commercial
example, by using automated or other significant delay in the receipt of webcasters Google Inc. and Music
technological information collection comments. For information about Choice 1 concerning royalty payments
and transmission techniques. security procedures concerning the each made pursuant to two statutory
delivery of materials by hand, express licenses.
III. Proposed Actions delivery, messenger, or courier service, ADDRESSES: Docket: For access to the
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OSHA is proposing an adjustment please contact the OSHA Docket Office docket to read background documents,
decrease of the existing burden hour at (202) 693–2350, (TTY (877) 889–
estimate for the collection of 5627). 1 The Judges’ receipt and publication of
information requirement specified by Comments and submissions are SoundExchange’s notice of intent to audit Music
Choice in these circumstances does not imply an
the Standard from 560 hours to 512 posted without change at: http:// opinion regarding the applicability of the section
hours—a total decrease of 48 hours. www.regulations.gov. Therefore, OSHA 112 and 114 licenses to Music Choice’s webcast
Based on staff expertise with marine cautions commenters about submitting transmissions.
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![Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 3033
go to eCRB, the Copyright Royalty United States for the years 2014, 2015, dial the Toll Number 1–517–645–6359
Board’s electronic filing and case and 2016. On December 29, 2017, it or Toll Free Number 1–800–779–9966,
management system, at https:// filed a notice of intent to audit Music and then the numeric passcode
app.crb.gov/ and search for docket Choice for its webcast transmissions for 3954829, followed by the # sign on all
numbers 18–CRB–0001–AU (Music the same years. The Judges must publish three days. Note: If dialing in, please
Choice), 18–CRB–0002–AU (Google notice in the Federal Register within 30 ‘‘mute’’ your phone. To join via WebEx,
Inc.), and 18–CRB–0003–AU (Alpha days of receipt of a notice announcing the link is https://nasa.webex.com/; the
Media LLC). the Collective’s intent to conduct an meeting number on February 21 is 993
FOR FURTHER INFORMATION CONTACT: audit. See id. Today’s notice fulfills this 463 983, password is PAC@Feb21; the
Anita Blaine, CRB Program Specialist, requirement with respect to meeting number on February 22 is 998
by telephone at (202) 707–7658 or email SoundExchange’s notices of intent to 765 672, password is PAC@Feb22, and
at crb@loc.gov. audit filed December 22, 2017, and the meeting number on February 23 is
SUPPLEMENTARY INFORMATION: The December 29, 2017. 993 512 979, password is PAC@Feb23.
Copyright Act, title 17 of the United Dated: January 17, 2018. The agenda for the meeting includes
States Code, grants to sound recordings Suzanne M. Barnett,
the following topics:
copyright owners the exclusive right to Chief Copyright. —Planetary Science Division Update
publicly perform sound recordings by [FR Doc. 2018–01011 Filed 1–19–18; 8:45 am]
—Planetary Science Division Research
means of certain digital audio and Analysis Program Update
BILLING CODE 1410–72–P
transmissions, subject to limitations. Attendees will be requested to sign a
Specifically, the performance right is register and to comply with NASA
limited by the statutory license in security requirements, including the
NATIONAL AERONAUTICS AND
section 114, which allows nonexempt presentation of a valid picture ID to
SPACE ADMINISTRATION
noninteractive digital subscription Security before access to NASA
services, eligible nonsubscription [Notice: 18–003] Headquarters. Foreign nationals
services, pre-existing subscription attending this meeting will be required
services, and preexisting satellite digital Planetary Science Advisory to provide a copy of their passport and
audio radio services to perform publicly Committee; Meeting visa in addition to providing the
sound recordings by means of digital AGENCY: National Aeronautics and following information no less than 10
audio transmissions. 17 U.S.C. 114(f). In Space Administration. days prior to the meeting: Full name;
addition, a statutory license in section ACTION: Notice of meeting. gender; date/place of birth; citizenship;
112 allows a service to make necessary passport information (number, country,
ephemeral reproductions to facilitate SUMMARY: In accordance with the telephone); visa information (number,
the digital transmission of the sound Federal Advisory Committee Act, as type, expiration date); employer/
recording. 17 U.S.C. 112(e). amended, the National Aeronautics and affiliation information (name of
Licensees may operate under these Space Administration (NASA) institution, address, country,
licenses provided they pay the royalty announces a meeting of the Planetary telephone); title/position of attendee to.
fees and comply with the terms set by Science Advisory Committee (PAC). To expedite admittance, attendees with
the Copyright Royalty Judges. The rates This Committee functions in an U.S. citizens and Permanent Residents
and terms for the section 112 and 114 advisory capacity to the Director, (green card holders) are requested to
licenses are set forth in 37 CFR parts Planetary Science Division, in the provide full name and citizenship status
380 and 382–84. NASA Science Mission Directorate. The no less than 3 working days in advance
As part of the terms for these licenses, meeting will be held for the purpose of by contacting Ms. KarShelia Henderson
the Judges designated SoundExchange, soliciting, from the planetary science via email at khenderson@nasa.gov or by
Inc., as the Collective, i.e., the community and other persons, scientific fax at (202) 358–2779. It is imperative
organization charged with collecting and technical information relevant to that the meeting be held on these dates
royalty payments and statements of program planning. to accommodate the scheduling
account submitted by eligible licensees DATES: Wednesday, February 21, 2018, priorities of the key participants.
and with distributing royalties to the 9:00 a.m. to 5:00 p.m., Thursday,
copyright owners and performers Carol J. Hamilton,
February 22, 2018, 8:30 a.m. to 5:00
entitled to receive them under the Acting Advisory Committee Management
p.m., and Friday, February 23, 2018, Officer, National Aeronautics and Space
section 112 and 114 licenses. See, e.g., 8:30 a.m. to 5:00 p.m., Local Time. Administration.
37 CFR 380.2(a).2 ADDRESSES: NASA Headquarters, Room [FR Doc. 2018–00957 Filed 1–19–18; 8:45 am]
As the Collective, SoundExchange 5H41, 300 E Street SW, Washington, DC
may, only once a year, conduct an audit BILLING CODE 7510–13–P
20546.
of a licensee for any or all of the prior
FOR FURTHER INFORMATION CONTACT: Ms.
three calendar years in order to verify
royalty payments. SoundExchange must KarShelia Henderson, Science Mission NATIONAL AERONAUTICS AND
first file with the Judges a notice of Directorate, NASA Headquarters, SPACE ADMINISTRATION
intent to audit a licensee and deliver the Washington, DC 20546, (202) 358–2355,
notice to the licensee. See, e.g., 37 CFR fax (202) 358–2779, or khenderson@ [Notice 18–004]
380.6(c). nasa.gov.
ethrower on DSK3G9T082PROD with NOTICES
On December 22, 2017, SUPPLEMENTARY INFORMATION: The Notice of Intent To Grant Exclusive
SoundExchange filed with the Judges meeting will be open to the public up Patent License
notices of intent to audit licensees to the capacity of the room. This AGENCY: National Aeronautics and
Alpha Media LLC and Google Inc. for meeting will also be available Space Administration.
their transmissions terminating in the telephonically and by WebEx. You must
ACTION: Notice of intent to grant
use a touch-tone phone to participate in
exclusive Patent license.
2 Citations are to current sections of the CFR. this meeting. Any interested person may
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Document Created: 2018-01-23 21:35:31
Document Modified: 2018-01-23 21:35:31
| 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 Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 83 FR 3032 |
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