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[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]               
[Page 16852-16853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-115]                         

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LIBRARY OF CONGRESS

Copyright Royalty Board

 
Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

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SUMMARY: The Copyright Royalty Judges are announcing receipt of notices 
of intent to audit the 2009 statements of account submitted by Sirius 
Satellite Radio Inc. and XM Satellite Radio Inc.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by 
e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION: Section 106(6) of the Copyright Act, title 
17 of the United States Code, gives a copyright owner of sound 
recordings an exclusive right to perform the copyrighted works publicly 
by means of a digital audio transmission. This right is limited by 
section 114(d), which allows certain non-interactive digital audio 
services, including preexisting satellite digital audio radio services, 
to make digital transmissions of a sound recording under a compulsory 
license. Moreover, these services may make any necessary ephemeral 
reproductions to facilitate the digital transmission of the sound 
recording under a second license set forth in section 112(e) of the 
Copyright Act.
    Licensees may operate under these licenses provided they pay the 
royalty fees and comply with the terms of the licenses set by the 
Copyright Royalty Judges (``Judges''). On January 24, 2008, the Judges 
issued their final determination setting rates and terms for the 
section 112 and 114 licenses for the period 2007-2012. 73 FR 4080, 
affirmed in part, remanded in part, SoundExchange v. Librarian of 
Congress, 571 F.3d 1220 (DC Cir. 2009). As part of the terms set for 
these licenses, the Judges designated SoundExchange, Inc., as the 
organization charged with collecting the royalty payments and 
statements of account and distributing the royalties to the copyright 
owners and performers entitled to receive such royalties under the 
section 112 and 114 licenses. 37 CFR 382.13(b)(1). As the designated 
Collective, SoundExchange may conduct a single audit of a licensee for 
any calendar year for the purpose of verifying their royalty payments. 
SoundExchange must first file with the Judges a notice of intent to 
audit a licensee and serve the notice on the licensee to be audited. 37 
CFR 382.15(b), (c).
    On March 23, 2010, pursuant to 37 CFR 382.15(c), SoundExchange 
filed with the Judges separate notices of intent to audit Sirius 
Satellite Radio Inc. (``Sirius'') and XM Satellite Radio Inc. (``XM'') 
for the year 2009.\1\ Section

[[Page 16853]]

382.15(c) requires the Judges to publish a notice in the Federal 
Register within 30 days of receipt of the notice announcing the 
Collective's intent to conduct an audit.
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    \1\ On February 13, 2009, SoundExchange filed with the Judges 
separate notices of intent to audio Sirius and XM for the years 2007 
and 2008. See 74 FR 8585 (February 25, 2009).
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    In accordance with 37 CFR 382.15(c), the Copyright Royalty Judges 
are publishing today's notice to fulfill this requirement with respect 
to SoundExchange's separate notices of intent to audit Sirius Satellite 
Radio Inc. and XM Satellite Radio Inc. each filed March 23, 2010.

    Dated: March 30, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-7444 Filed 4-1-10; 8:45 am]
BILLING CODE 1410-72-P
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