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[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Page 2974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00698]

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-0005-CRB-AU]

Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

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SUMMARY: The Copyright Royalty Judges announce receipt of a notice of 
intent to audit the 2011, 2012, and 2013 statements of account 
submitted by Live365, Inc. concerning the royalty payments it made 
pursuant to two statutory licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or by email at crb@loc.gov.

SUPPLEMENTARY 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, the right is limited by two statutory licenses. The 
section 114 license allows nonexempt noninteractive digital 
subscription services and eligible nonsubscription services to perform 
publicly sound recordings by means of digital audio transmissions. 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, including transmissions to 
business establishments.\1\ 17 U.S.C. 112(e).
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    \1\ Subject to the limitations set forth in section 
114(d)(1)(C)(iv).
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    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 Collective, 
i.e., the organization charged with collecting the royalty payments and 
statements of account submitted by eligible nonsubscription services 
such as Commercial Webcasters and by eligible nonexempt noninteractive 
digital subscription services such as Business Establishment Services 
and distributing the royalties to the copyright owners and performers 
entitled to receive them under the section 112 and 114 licenses. 37 CFR 
380.4(b)(1) and 384.4(b)(1). As the designated Collective, 
SoundExchange may conduct a single audit of a licensee for any calendar 
year 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 to be audited. 37 CFR 380.6(c) and 384.6(c).
    On December 23, 2014, SoundExchange filed with the Judges a notice 
of intent to audit Live365, Inc. for the years 2011, 2012, and 2013.
    Sections 380.6(c) and 384.6(c) require the Judges to publish notice 
in the Federal Register within 30 days of receipt of a notice 
announcing the Collective's intent to conduct an audit. Today's notice 
fulfills this requirement with respect to SoundExchange's intent to 
audit Live365, Inc. filed on December 23, 2014.

    Dated: January 13, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00698 Filed 1-20-15; 8:45 am]
BILLING CODE 1410-72-P
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