[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00691]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-0001-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 three notices 
of intent to audit the 2011, 2012, and 2013 statements of account 
submitted by 98frogfm.com, Christmas Music 24/7, and ZadioRadio 
concerning the royalty payments each made by each pursuant to two 
statutory licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or by email at <a href="/cdn-cgi/l/email-protection#6b0819092b070408450c041d"><span class="__cf_email__" data-cfemail="6c0f1e0e2c00030f420b031a">[email protected]</span></a>.

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 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 section 112 license 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 (Judges). The rates and terms for the section 112 and 114 
licenses are set forth in 37 CFR parts 380-384. 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, among others, Eligible Small 
Webcasters, and distributing the royalties to the copyright owners and 
performers entitled to receive such royalties. 37 CFR 380.4(b)(1). As 
the designated Collective, SoundExchange may conduct a single audit of 
a licensee for any calendar year to verify royalty payments. Id. at 
Sec.  380.6(b). Prior to conducting an audit, SoundExchange must file 
with the Judges a notice of intent to audit a licensee and serve the 
notice on the licensee to be audited. Id. at Sec.  380.6(c).
    On December 20, 2013, SoundExchange filed with the Judges three 
separate notices of intent to audit 98frogfm.com, Christmas Music 24/7, 
and ZadioRadio (all Eligible Small Webcasters), for the years 2011, 
2012, and 2013.
    Section 380.6(c) requires 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 notices of intent to audit 
98frogfm.com, Christmas Music 24/7, and ZadioRadio filed on December 
23, 2014.

    Dated: January 13, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00691 Filed 1-16-15; 8:45 am]
BILLING CODE 1410-72-P


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