[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Page 12031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04102]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 20-CRB-0005-AU]
Notice of Intent To Audit
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Public notice.
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SUMMARY: The Copyright Royalty Judges announce receipt of a notice from
SoundExchange of SoundExchange's intent to audit the various services,
including Commercial Webcaster services, Preexisting Subscription
Service(s), New Subscription Service(s), and Business Establishment
Service, of Mood Media Corporation and its affiliates for 2017, 2018,
and 2019 pursuant to four statutory licenses.
ADDRESSES: Docket: For access to the docket to read background
documents, go to eCRB, the Copyright Royalty Board's electronic filing
and case management system, at https://app.crb.gov/ and search for
docket number 20-CRB-0005-AU.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by
telephone at (202) 707-7658 or by email at [email protected].
SUMMARY INFORMATION: The Copyright Act, title 17 of the United States
Code, grants to sound recordings copyright owners the exclusive right
to publicly perform sound recordings by means of certain digital audio
transmissions, subject to limitations. Specifically, the right is
limited by the statutory license in section 114 which allows nonexempt
noninteractive digital subscription services, eligible nonsubscription
services, pre-existing subscription services, new subscription
services, and preexisting satellite digital audio radio services to
perform publicly sound recordings by means of digital audio
transmissions. 17 U.S.C. 114(f). In addition, a statutory license in
section 112 allows a service to make necessary ephemeral reproductions
to facilitate the digital transmission of the sound recording,
including for transmissions to business establishments. 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 parts 380 and 382-84.
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 Commercial Webcasters, Preexisting Subscription Services,
New Subscription Services, and Business Establishment Services, and
with distributing the royalties to the copyright owners and performers
entitled to receive them under the section 112 and 114 licenses. See 37
CFR 380.4, 382.5, 383.4, 384.4.
As the Collective, SoundExchange may, only once a year, conduct an
audit of a licensee for any or all of the prior three calendar years in
order 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. 37 CFR 380.6, 382.7, 383.4. 384.6.
On January 29, 2020, SoundExchange filed with the Judges a notice
of intent to audit Mood Media Corporation and its affiliates (primarily
Muzak LLC and DMX Music) for the years 2017, 2018, and 2019. The Judges
must publish notice in the Federal Register within 30 days of receipt
of a notice announcing the Collective's intent to conduct an audit. Id.
Today's notice fulfills this requirement with respect to
SoundExchange's January 29, 2020 notice of intent to audit.
Dated: February 24, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-04102 Filed 2-27-20; 8:45 am]
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