[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00697]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-0002-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 Galaxie concerning the royalty payments its Business 
Establishment Service made 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#3457465674585b571a535b42"><span class="__cf_email__" data-cfemail="57342535173b383479303821">[email protected]</span></a>.
    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, 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, 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 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 nonexempt noninteractive 
digital subscription services such as, among others, Business 
Establishment Services, and distributing the royalties to the copyright 
owners and performers entitled to receive them. 37 CFR 384.4(b). 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 serve the notice on the licensee to be audited. 37 
CFR 384.6(c).
    On December 23, 2014, SoundExchange filed with the Judges a notice 
of intent to audit Galaxie's Business Establishment Service for the 
years 2011, 2012, and 2013.
    Section 384.6(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 intent to audit Galaxie's 
Business Establishment Service filed on December 23, 2014.

    Dated: January 13, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-00697 Filed 1-16-15; 8:45 am]
BILLING CODE 1410-72-P


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