Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services
The Copyright Royalty Judges announce a modification to their final determination of rates and terms for the digital transmission of sound recordings and the reproduction of ephemeral recordings by preexisting subscription services and preexisting satellite digital audio radio services for the period beginning January 1, 2013, and ending on December 31, 2017. The modification addresses an error identified by the Register of Copyrights concerning the resolution of a material question of substantive law relating to the rates and terms set for preexisting subscription services.
Notice of Intent To Audit
The Copyright Royalty Judges are announcing receipt of two notices of intent to audit the 2010, 2011, and 2012 statements of account submitted by Saga Communications, Inc. and Cumulus Media, Inc., concerning the royalty payments made by each pursuant to two statutory licenses.
Scope of the Register of Copyright's Exclusive Authority Over Statements of Account Under the Section 115 Compulsory License
The Copyright Royalty Judges, acting pursuant to statute, referred material questions of substantive law to the Register of Copyrights concerning the scope of the Register of Copyright's exclusive authority over Statements of Account under the section 115 Compulsory License. Specifically, the Copyright Royalty Board requested a decision by the Register of Copyrights regarding ``whether the detail requirements set forth in 37 CFR as proposed Sec. 385.12(e) (existing) and proposed Sec. 385.22(d) (new) as well as the confidentiality requirement proposed for Sec. Sec. 385.12(f) and 385.22(e) encroach upon the exclusive statutory domain of the Register under Sec. 115 of the Act.'' The Register of Copyrights responded in a timely fashion by delivering a Memorandum Opinion to the Copyright Royalty Board on May 1, 2013.
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
On June 14, 2012, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning a new regulation that will allow copyright owners to audit the Statements of Account and royalty fees that cable operators and satellite carriers deposit with the Copyright Office for secondary transmissions of broadcast programming made pursuant to statutory licenses. The Copyright Office has revised the proposed regulation based on comments that it received from copyright owners, cable operators, and satellite carriers. The Copyright Office seeks comments on the revised proposal before it is adopted as a final rule.