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[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Page 2694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00541]

[[Page 2694]]

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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 a 
notice of intent to audit the 2009, 2010, and 2011 statements of 
account submitted by Last.fm, Ltd., concerning the royalty payments 
made pursuant to two statutory licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or 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 perform publicly sound recordings by means of certain digital 
audio transmissions, subject to certain limitations. Specifically, this 
right is limited to two statutory licenses. The section 114 license 
allows the public performance of sound recordings by means of digital 
audio transmissions by nonexempt noninteractive digital subscription 
services and eligible nonsubscription services. 17 U.S.C. 114(f). The 
second license allows a service to make any 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 part 380. 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 submitted by eligible nonsubscription services 
such as, among others, Commercial Webcasters and Broadcasters, and 
distributing the royalties to the copyright owners and performers 
entitled to receive such royalties under the section 112 and 114 
licenses. 37 CFR 380.4(b)(1) (Commercial Webcasters), 380.13(b)(1) 
(Broadcasters). 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 380.6(c), 380.15(c).
    On December 20, 2012, SoundExchange filed with the Judges a notice 
of intent to audit Last.fm, Ltd., for the years 2009, 2010, and 2011. 
Sections 380.6(c) and 380.15(c) require 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.
    In accordance with Sec. Sec.  380.6(c) and 380.15(c), the Copyright 
Royalty Judges are publishing today's notice to fulfill this 
requirement with respect to SoundExchange's notice of intent to audit 
Last.fm, Ltd., filed December 20, 2012.

    Dated: January 9, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-00541 Filed 1-11-13; 8:45 am]
BILLING CODE 1410-72-P
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