Notice of Intent To Audit, 1234-1235 [2019-00654]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
on a quantitative or qualitative basis.2
The Office received seventy-nine
written comments and nine empirical
studies in response. Information about
the study, including the Notices of
Inquiry, public comments, and
transcripts of the public roundtables,
may be accessed on the Copyright Office
website at https://www.copyright.gov/
policy/section512/.
The Office is now announcing that it
will convene an additional roundtable
to enable interested members of the
public to address relevant domestic and
foreign developments that have
occurred since the close of the written
comment period on February 6, 2017.
Specifically, the roundtable will
consider the following topics: (1) Recent
domestic case law interpreting
provisions of the DMCA safe harbor
framework and (2) recent international
legal and policy developments related to
addressing liability for infringing
content online.
Recent domestic case law has
addressed various aspects of section
512. For example, in BMG Rights
Management (US) LLC v. Cox
Communications, Inc., the U.S. Court of
Appeals for the Fourth Circuit
considered whether Cox reasonably
implemented its repeat infringer policy
for purposes of section 512(a). The court
held that Cox failed to implement its
policy in ‘‘any consistent or meaningful
way—leaving it essentially with no
policy’’—and thus could not qualify for
the section 512(a) safe harbor.3
Additionally, the U.S. Court of Appeals
for the Ninth Circuit in Mavrix
Photographs LLC v. LiveJournal Inc.
held that there were genuine issues of
material fact as to whether volunteer
moderators who reviewed usersubmitted content were agents of the
service provider—an issue relevant to
the provider’s eligibility for the safe
harbor protection under section 512(c).4
Participants may discuss these cases as
well as other recent domestic case law
developments during the roundtable.
The Office previously identified case
law as a key issue in this study and is
interested in stakeholder views as to
whether recent cases indicate any
emerging trends.
Since 2017, several other countries
also have addressed issues of copyright
infringement and online service
provider liability. For example, in
Europe, work towards a possible new
Directive on Copyright in the Digital
2 See Section 512 Study: Request for Additional
Comments, 81 FR 78636 (Nov. 8, 2016).
3 BMG Rights Mgmt. (US) LLC v. Cox Commc’ns,
Inc., 881 F.3d 293, 303–05 (4th Cir. 2018).
4 Mavrix Photographs LLC v. LiveJournal Inc., 873
F.3d 1045, 1054–57 (9th Cir. 2017).
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Single Market has been underway since
2016.5 In September 2018, the European
Parliament voted to approve a proposed
Directive on Copyright in the Digital
Single Market that, among other
changes, would establish new
obligations for online service providers
that store and give public access to
copyrighted works uploaded by users
and that optimize and promote such
works for profit-making purposes.6
Further negotiations on the text via a
‘‘trilogue’’ process of negotiations
between the European Commission, the
European Parliament, and the Council
of the European Union, are underway.7
In addition, the Australian Parliament
recently passed an amendment to its
copyright law that provides copyright
owners with additional tools to enforce
their rights regarding infringing content
online, including injunctions to block
domain names.8 The Office is aware that
such proposals have generated
widespread debate, with stakeholders
expressing a variety of views concerning
the potential implications for copyright
owners, online service providers, and
members of the public. At the
roundtable, participants are invited to
identify and discuss recent law and
policy developments in other countries
that bear on issues related to the
effectiveness, ineffectiveness, and/or
other impacts on online service provider
liability.
these categories, and discussion will be
limited to developments that have
occurred after the close of the written
comment period on February 6, 2017.
The Copyright Office will not accept
any written materials prior to or on the
day of the roundtable. The sessions will
be video recorded and transcribed, and
copies of the recording and transcript
will be made available on the Copyright
Office website.
Members of the public who seek to
participate in the roundtable should
complete and submit the form available
on the Copyright Office website at
https://www.copyright.gov/policy/
section512/ no later than March 15,
2019. If you are unable to access a
computer or the internet, please contact
the Office using the contact information
above for special instructions.
Individuals selected for participation
will be notified directly by the Office
not later than March 29, 2019. In order
to accommodate the expected level of
interest, the Office expects to assign no
more than one representative per
organization to each session.
The roundtable hearing room will
have a limited number of seats for
participants and observers. For persons
who wish to observe one or more of the
roundtable sessions, the Office will
provide public seating on a first-come,
first-served basis on the day of the
roundtable.
II. Roundtable Subjects of Inquiry
The public roundtable will consist of
two sessions: (1) Domestic case law
developments since 2017 interpreting
the section 512 safe harbors and (2)
international legal and policy
developments since 2017 relating to
online service provider liability. The
roundtable is not intended as an
opportunity to supplement the written
record with respect to matters outside
Dated: January 28, 2019.
Regan A. Smith,
General Counsel and Associate Register of
Copyrights.
5 Proposal for a Directive of the European
Parliament and of the Council on Copyright in the
Digital Single Market, COM(2016) 593 final (Sept.
14, 2016).
6 Amendments Adopted by the European
Parliament on 12 September 2018 on the Proposal
for a Directive of the European Parliament and of
the Council on Copyright in the Digital Single
Market, P8_TA–PROV(2018)0337, art. 2, ¶ 1, pt. 4b;
art. 13 (Sept. 12, 2018).
7 A trilogue meeting scheduled for January 21,
2019 was postponed as proposed compromise text
was rejected by several countries. See, e.g., Samuel
Stolton, Copyright directive faces further setback as
final trilogue postponed, EURACTIV (Jan. 21, 2019)
https://www.euractiv.com/section/digital/news/
copyright-directive-faces-further-setback-as-finaltrilogue-cancelled/.
8 Explanatory Memorandum, Copyright
Amendment (Online Infringement) Bill 2018.
(Austl.), https://parlinfo.aph.gov.au/parlInfo/
search/display/
display.w3p;query=Id:%22legislation/ems/r6209_
ems_b5e338b6-e85c-4cf7-8037-35f13166ebd4%22.
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[FR Doc. 2019–00573 Filed 1–31–19; 8:45 am]
BILLING CODE 1410–30–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 18–CRB–0015–AU (Educational
Media Foundation)]
Notice of Intent To Audit
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt of a notice of intent to
audit the 2015, 2016, and 2017
statements of account submitted by
noncommercial webcaster Educational
Media Foundation concerning royalty
payments it made pursuant to a
statutory license.
ADDRESSES: Docket: For access to the
docket to read background documents,
go to eCRB, the Copyright Royalty
Board’s electronic filing and case
SUMMARY:
E:\FR\FM\01FEN1.SGM
01FEN1
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
management system, at https://
app.crb.gov/ and search for docket
number 18–CRB–0015–AU (Educational
Media Foundation).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
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).1
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 20, 2018,
SoundExchange filed with the Judges a
notice of intent to audit licensee
Educational Media Foundation for its
transmissions terminating in the United
States for the years 2015, 2016, and
2017. The Judges must publish notice in
the Federal Register within 30 days of
receipt of a notice announcing the
1 Citations
are to current sections of the CFR.
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21:23 Jan 31, 2019
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Collective’s intent to conduct an audit.
See id. Today’s notice fulfills this
requirement with respect to
SoundExchange’s notice of intent to
audit filed December 20, 2018.
Dated: January 10, 2019.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2019–00654 Filed 1–31–19; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 18–CRB–00014–AU (Entercom
Communications Corp.) and 18–CRB–0013–
AU (iHeartMedia)]
Notice of Intent To Audit
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt of two notices of
intent to audit the 2015, 2016, and 2017
statements of account submitted by
commercial webcasters and broadcasters
Entercom Communications Corp. and
iHeartMedia concerning royalty
payments each made pursuant to two
statutory licenses.
ADDRESSES: Docket: For access to the
docket to read background documents,
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–0014–AU (Entercom
Communications Corp.) and 18–CRB–
0013–AU (iHeartMedia).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
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
SUMMARY:
PO 00000
Frm 00189
Fmt 4703
Sfmt 4703
1235
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).1
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 20, 2018,
SoundExchange filed with the Judges
notices of intent to audit licensees
Entercom Communications Corp. and
iHeartMedia for their transmissions
terminating in the United States for the
years 2015, 2016, and 2017. 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
20, 2018.
Dated: January 10, 2019.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2019–00653 Filed 1–31–19; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 18–CRB–0016–AU (AccuRadio,
LLC)]
Notice of Intent To Audit
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt of a notice of intent to
audit the 2015, 2016, and 2017
statements of account submitted by
SUMMARY:
1 Citations
E:\FR\FM\01FEN1.SGM
are to current sections of the CFR.
01FEN1
]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1234-1235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00654]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 18-CRB-0015-AU (Educational Media Foundation)]
Notice of Intent To Audit
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce receipt of a notice of
intent to audit the 2015, 2016, and 2017 statements of account
submitted by noncommercial webcaster Educational Media Foundation
concerning royalty payments it made pursuant to a statutory license.
ADDRESSES: Docket: For access to the docket to read background
documents, go to eCRB, the Copyright Royalty Board's electronic filing
and case
[[Page 1235]]
management system, at https://app.crb.gov/ and search for docket number
18-CRB-0015-AU (Educational Media Foundation).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at crb@loc.gov.
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).\1\
---------------------------------------------------------------------------
\1\ 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 20, 2018, SoundExchange filed with the Judges a notice
of intent to audit licensee Educational Media Foundation for its
transmissions terminating in the United States for the years 2015,
2016, and 2017. 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 notice of intent to audit
filed December 20, 2018.
Dated: January 10, 2019.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2019-00654 Filed 1-31-19; 8:45 am]
BILLING CODE 1410-72-P
