Notice of Intent To Audit, 3785 [2016-01301]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
i.e., the organization charged with
collecting the royalty payments and
statements of account submitted by
eligible nonexempt noninteractive
digital subscription services such as
New Subscription Services and with
distributing the royalties to the
copyright owners and performers
entitled to receive them. 37 CFR
383.4(a). 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 383.4(a) and 382.15(c).
On December 23, 2015,
SoundExchange filed with the Judges a
notice of intent to audit DMX’s New
Subscription Service for the years 2012,
2013, and 2014.
Section 382.15(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,
notice of intent to audit.
Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016–01305 Filed 1–21–16; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16–0008–CRB–AU]
Notice of Intent To Audit
Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt of a notice of intent to
audit the 2012, 2013, and 2014
statements of account of Muzak LLC
concerning the royalty payments its
Preexisting Subscription Service made
pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:59 Jan 21, 2016
Jkt 238001
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 nonexempt noninteractive
digital subscription services such as
Preexisting Subscription Services and
with distributing the royalties to the
copyright owners and performers
entitled to receive them. 37 CFR 382.2.
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 382.6(c).
On December 23, 2015,
SoundExchange filed with the Judges a
notice of intent to audit Muzak LLC’s
Preexisting Subscription Service for the
years 2012, 2013, and 2014.
Section 382.6(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,
notice of intent to audit.
Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016–01301 Filed 1–21–16; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16–0004–CRB–AU]
Notice of Intent To Audit
Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
3785
The Copyright Royalty Judges
announce receipt of two notices of
intent to audit the 2012, 2013, and 2014
statements of account submitted by
DMX and Muzak LLC concerning the
royalty payments their Business
Establishment Services made pursuant
to two statutory licenses.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
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 an exception that allows
noninteractive public performances by
means of a digital audio transmission
that are part of a transmission to a
business establishment for use in the
ordinary course of its business. 17
U.S.C. 114(d)(1)(C)(iv). 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 the ephemeral recordings
made by entities that transmit
performances of sound recordings to
business establishments (Business
Establishment Services).1 17 U.S.C.
112(e).
Licensees may operate under this
license 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 license for
Business Establishment Services is set
forth in 37 CFR part 384. As part of the
terms set for this license, the Judges
designated SoundExchange, Inc. as the
Collective, i.e., the organization charged
with collecting the royalty payments
and statements of account submitted by
Business Establishment Services and
with distributing the royalties to the
copyright owners and performers
entitled to receive them. 37 CFR
384.4(b). 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 serve the notice on the
licensee. 37 CFR 384.6(c).
On December 23, 2015,
SoundExchange filed with the Judges a
notice of intent to audit the Business
Establishment Services of DMX and
SUMMARY:
1 Subject to the limitations set forth in section
114(d)(1)(C)(iv).
E:\FR\FM\22JAN1.SGM
22JAN1
]]>Agencies
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Page 3785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01301]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16-0008-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 a notice of
intent to audit the 2012, 2013, and 2014 statements of account of Muzak
LLC concerning the royalty payments its Preexisting Subscription
Service made pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by
telephone at (202) 707-7658 or by email at crb@loc.gov.
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 nonexempt
noninteractive digital subscription services such as Preexisting
Subscription Services and with distributing the royalties to the
copyright owners and performers entitled to receive them. 37 CFR 382.2.
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 382.6(c).
On December 23, 2015, SoundExchange filed with the Judges a notice
of intent to audit Muzak LLC's Preexisting Subscription Service for the
years 2012, 2013, and 2014.
Section 382.6(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, notice
of intent to audit.
Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-01301 Filed 1-21-16; 8:45 am]
BILLING CODE 1410-72-P
