Notice of Intent To Audit, 7878-7879 [2017-01318]
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
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The Moving Parties stipulate that the
value of the Music Claimants’ Share is
as listed as above, minus the dollar
value of partial distributions of the
2010–13 Funds that Music Claimants
have received to date.4 The Licensing
Office will calculate the Music
Claimants’ Share of the total funds as of
the date of the distribution to Music
Claimants for each of the years included
in the 2010–13 Funds, including
interest accrued to the date of
distribution and excluding (1) the
distribution to NPR of its 0.16% share
as specified in the December 6, 2016,
NPR Motion and (2) taxable costs
incurred by the Department of
Licensing.
The Moving Parties represent that
there are no outstanding inter- or intracategory controversies regarding the
claims in the Music Claimant category.
The Parties further stipulate and agree
that these sums shall not be subject to
repayment once distributed, that Music
Claimants need not participate further
in royalty distribution proceedings
related to the 2010–13 Funds, and that
no additional sums shall be distributed
to Music Claimants in the future with
respect to the 2010–13 Funds, provided
that Music Claimants shall be entitled to
receive the Music Claimants’ Share of
any additional royalties deposited into
any of the 2010–13 Funds due to any
audit of any cable system operator’s
Statement of Account pursuant to 37
CFR 201.16 that Music Claimants joined
as participating copyright owners.
The Moving Parties’ further stipulate
that the terms described in the Music
Motion represent a compromise and
settlement and apply to the 2010, 2011,
2012, and 2013 Cable Royalty
Distribution Proceedings only; no party
accepts the requested allocation as
precedent and no party admits to any
principle underlying stipulated amounts
of the Music Claimants’ Share.
Partial Distribution
The Moving Parties therefore request
the Judges to order a partial distribution
of royalties to NPR in the agreed
amounts and a partial distribution to
Music Claimants in the agreed amounts
pursuant to section 801(b)(3)(C) of the
Copyright Act.5 17 U.S.C. 801(b)(3)(C).
That section requires that, before ruling
on the motion, the Judges publish a
notice in the Federal Register seeking
4 The amounts Music Claimants have received in
partial distribution for each of the 2010–13 Funds
are available at https://www.copyright.gov/licensing/
distribution-fund.pdf.
5 The requested distributions represent partial
distributions of the 2010–13 Funds, but not partial
distributions to NPR or the Music Claimants, whose
claims are satisfied by the requested distributions.
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responses to the motion for partial
distribution to ascertain whether any
claimant entitled to receive the subject
royalties has a reasonable objection to
the requested distribution. Accordingly,
this Notice seeks comments from
interested claimants on whether any
reasonable objection exists that would
preclude the distributions to NPR or
Music Claimants described in this
Notice. Parties making objection to the
partial distribution must advise the
Judges of the existence and details of all
objections by the end of the comment
period. The Judges will not consider any
objections with respect to the partial
distribution motion that come to their
attention after the close of the comment
period.
The Judges have caused the joint
motion regarding NPR and the joint
motion regarding Music Claimants to be
posted on the Copyright Royalty Board
Web site at https://www.loc.gov/crb.
How To Submit Comments
Interested members of the public must
submit comments to only one of the
following addresses. If not commenting
by email or online, commenters must
submit an original of their comments,
five paper copies, and an electronic
version on a CD.
Email: crb@loc.gov; or
Online: www.regulations.gov; or
U.S. mail: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024–
0977; or
Overnight service (only USPS Express
Mail is acceptable): Copyright Royalty
Board, P.O. Box 70977, Washington, DC
20024–0977; or
Commercial courier: Address package
to: Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–403, 101 Independence
Avenue SE., Washington, DC 20559–
6000. Deliver to: Congressional Courier
Acceptance Site, 2nd Street NE. and D
Street NE., Washington, DC; or
Hand delivery: Library of Congress,
James Madison Memorial Building, LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000.
Dated: January 17, 2017.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2017–01358 Filed 1–19–17; 8:45 am]
BILLING CODE 1410–72–P
PO 00000
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 17–0005–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 2013, 2014, and 2015
statements of account of Music Choice
concerning the royalty payments its
Preexisting Subscription Service and
Business Establishments Service made
pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUMMARY 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).
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
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
SUMMARY:
1 Subject to the limitations set forth in section
114(d)(1)(C)(iv).
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
entitled to receive them. See 37 CFR
382.2, 384.4(b).
As the designated Collective,
SoundExchange may, once during 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. See 37 CFR 382.6, 384.6.
On December 22, 2016,
SoundExchange filed with the Judges a
notice of intent to audit Music Choice’s
Preexisting Subscription Service and
Business Establishment Service 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
382.6(c), 384.6(c). Today’s notice fulfills
this requirement with respect to
SoundExchange’s December 22, 2016,
notice of intent to audit.
Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017–01318 Filed 1–19–17; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Consolidated Docket No. 14–CRB–0011–SD
(2010–13)]
Distribution of 2010–13 Satellite
Royalty Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Notice requesting comments.
AGENCY:
The Copyright Royalty Judges
announce settlement of controversies
and a request for partial distribution of
satellite television retransmission
royalties claimed by Music Claimants.
Music Claimants include Broadcast
Music, Inc. (BMI) and the American
Society of Composers, Authors, and
Publishers (ASCAP), as well as SESAC,
Inc.
DATES: Comments are due on or before
February 22, 2017.
ADDRESSES: Submit electronic
comments via email to crb@loc.gov.
Those who choose not to submit
comments electronically should see
‘‘How to Submit Comments’’ in the
Supplementary Information section
below for physical addresses and further
instructions. This notice and request is
also posted on the agency’s Web site
(www.loc.gov/crb) and on
Regulations.gov (www.regulations.gov).
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Kimberly Whittle, Attorney-Advisor, by
telephone at (202) 707–7658 or email at
crb@loc.gov.
SUPPLEMENTARY INFORMATION: Each year
satellite systems must submit royalty
payments to the Register of Copyrights
as required by the statutory license set
forth in section 119 of the Copyright Act
for the retransmission to satellite
subscribers of over-the-air television
and radio broadcast signals. See 17
U.S.C. 119(b). The Copyright Royalty
Judges (Judges) oversee distribution of
royalties to copyright owners whose
works were included in a qualifying
retransmission and who filed a timely
claim for royalties. Allocation of the
royalties collected occurs in one of two
ways. In the first instance, the Judges
may authorize distribution in
accordance with a negotiated settlement
among all claiming parties. 17 U.S.C.
111(d)(4)(A). If all claimants do not
reach agreement with respect to the
royalties, the Judges must conduct a
proceeding to determine the distribution
of any royalties that remain in
controversy. 17 U.S.C. 111(d)(4)(B).
Alternatively, the Judges may, on
motion of claimants and on notice to all
interested parties, authorize a partial
distribution of royalties, reserving on
deposit sufficient funds to resolve
identified disputes. 17 U.S.C.
111(d)(4)(C), 801(b)(3)(C).
On December 15, 2016, the Judges
received a motion (Joint Motion) seeking
distribution by stipulation to the Music
Claimants from the satellite royalty
funds deposited for royalty years 2010
through 2013, inclusive (the Funds). All
participants 1 in this consolidated
proceeding (Moving Parties) endorsed
the Joint Motion. In the Joint Motion,
the Moving Parties notified the Judges
that they stipulate and agree that Music
Claimants shall receive a share of each
of the 2010–13 Funds as follows (the
Music Claimants’ Share):
Year
2010
2011
2012
2013
Percentage
..........................
..........................
..........................
..........................
3.50
3.50
3.50
3.50
The Moving Parties stipulate that the
value of the Music Claimants’ Share is
as listed above, minus the dollar value
of partial distributions of the 2010–13
1 Participants are: Motion Picture Association of
America, Joint Sports Claimants, National
Association of Broadcasters and the Commercial
Television Claimants, Music Claimants, Canadian
Claimants Group, Settling Devotional Claimants,
National Public Radio, Public Broadcasting Service
and the Public Television Claimants, and
Multigroup Claimants.
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7879
Funds that Music Claimants have
received to date.2
The Moving Parties represent that
there are no outstanding inter- or intracategory controversies regarding the
claims in the Music Claimant category.
The Parties further stipulate and agree
that these sums shall not be subject to
repayment once distributed, that Music
Claimants need not participate further
in royalty distribution proceedings
related to the 2010–13 Funds, and that
no additional sums shall be distributed
to Music Claimants in the future with
respect to the 2010–13 Funds, provided
that Music Claimants shall be entitled to
receive the Music Claimants’ Share of
any additional royalties deposited into
any of the 2010–13 Funds due to any
audit of any cable system operator’s
Statement of Account pursuant to 37
CFR 201.16 that Music Claimants joined
as participating copyright owners.
The Moving Parties’ further stipulate
that the terms described in the Joint
Motion represent a compromise and
settlement and apply to the 2010, 2011,
2012, and 2013 Cable Royalty
Distribution Proceedings only; no party
accepts the requested allocation as
precedent and no party admits to any
principle underlying the Music
Claimants’ Share.
The Moving Parties therefore request
that the Judges order a partial
distribution of royalties to Music
Claimants in the agreed amounts
pursuant to section 801(b)(3)(C) of the
Copyright Act.3 17 U.S.C. 801(b)(3)(C).
That section requires that, before ruling
on the motion, the Judges publish a
notice in the Federal Register seeking
responses to the motion for partial
distribution to ascertain whether any
claimant entitled to receive the subject
royalties has a reasonable objection to
the requested distribution. Accordingly,
this Notice seeks comments from
interested claimants on whether any
reasonable objection exists that would
preclude the distributions to Music
2 The amounts Music Claimants have received in
partial distribution from each year’s portion of the
2010–13 Funds were calculated pursuant to
confidential settlement agreements among the
parties and were received from monies distributed
by the Office of the Commissioner of Baseball as
Common Agent for the parties. The amount of these
partial distributions constitutes Restricted
information pursuant to the Protective Order in this
proceeding; the amounts are redacted from the
public version of the Joint Motion and are disclosed
only to the parties in accordance with the terms of
the settlement agreements.
3 The requested distributions represent partial
distributions of the 2010–13 Funds, but constitute
final distributions to the Music Claimants, except
that Music claimants may share in the same
proportion in the event a future audit results in
additional deposits into any fund at issue in this
proceeding.
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]]>Agencies
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7878-7879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01318]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 17-0005-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 2013, 2014, and 2015 statements of account of Music
Choice concerning the royalty payments its Preexisting Subscription
Service and Business Establishments Service made pursuant to two
statutory licenses.
FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, by
telephone at (202) 707-7658 or by email at crb@loc.gov.
SUMMARY 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 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
[[Page 7879]]
entitled to receive them. See 37 CFR 382.2, 384.4(b).
As the designated Collective, SoundExchange may, once during 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. See 37 CFR 382.6, 384.6.
On December 22, 2016, SoundExchange filed with the Judges a notice
of intent to audit Music Choice's Preexisting Subscription Service and
Business Establishment Service 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 382.6(c), 384.6(c). Today's notice fulfills this
requirement with respect to SoundExchange's December 22, 2016, notice
of intent to audit.
Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-01318 Filed 1-19-17; 8:45 am]
BILLING CODE 1410-72-P
