83 FR 3032 - Notice of Intent To Audit

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 83, Issue 14 (January 22, 2018)

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. ---------------------------------------------------------------------------

[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]


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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.

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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.
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    \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.), 
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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\
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    \2\ Citations are to current sections of the CFR.
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    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