[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3069-3070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1037]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2005-1 CARP]


Notice of Intent To Audit

AGENCY: Copyright Office, Library of Congress.

ACTION: Public notice.

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SUMMARY: The Copyright Office of the Library of Congress is announcing 
receipt of three notices of intent to audit preexisting subscription 
services that transmit sound recordings under statutory licenses. The 
audits intend to verify statements of account for the years 2001, 2002, 
and 2003.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General 
Counsel, or Abioye E. Oyewole, CARP Specialist, Copyright Arbitration 
Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC 
20024-0977. Telephone: (202) 707-8380. Telefax: (202) 707-3423.

SUPPLEMENTARY INFORMATION: Section 114(d)(2) of title 17 of the United 
States Code provides statutory licensing requirements for subscription 
services that perform sound recordings by means of digital audio 
transmissions. Those that were in existence and were performing sound 
recordings by means of interactive audio-only subscription digital 
audio transmissions to the public for a fee on or before July 31, 1998, 
are known as ``preexisting subscription services.'' Three services fall 
within this category: DMX Music, Inc., Muzak LLC, and Music Choice 
(``the Services''). These services make payments of royalty fees to and 
file reports of sound recording performances with SoundExchange. 
SoundExchange is a collecting rights entity that was designated by the 
Librarian of Congress to collect and distribute royalty fee payments 
made under section 114(d)(2) by the three preexisting subscription 
services. See 68 FR 39837 (July 3, 2003).
    Pursuant to section 260.5 of title 37 of the Code of Federal 
Regulations, an interested party may initiate an audit of any one of 
the three preexisting services. SoundExchange, as the designated 
collector and distributor of royalties paid by preexisting subscription 
services to interested copyright parties, is an interested party and 
may conduct one audit per calendar year of one or all of the Services 
for the purpose of verifying their statements of account. As a 
preliminary matter, the interested party is required to submit a notice 
of its intent to audit a preexisting subscription service with the 
Copyright Office and to serve this notice on the service to be audited. 
37 CFR 260.5(c).
    On December 21, 2004, SoundExchange filed with the Copyright Office 
three notices of intent to audit the preexisting subscription

[[Page 3070]]

services \1,\\2,\\3\ for the years 2001, 2002, and 2003. As stated in 
section 260.5(c), the Copyright Office then is required to publish a 
notice in the Federal Register within thirty days of receipt of the 
filing announcing an interested party's intent to conduct an audit.
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    \1\ A copy of the Notice of Intent to Audit DMX Music, Inc. will 
be posted on the Office website at http://www.copyright.gov/carp/dmx_notice.pdf.
    \2\ A copy of the Notice of Intent to Audit Muzak LLC will be 
posted on the Office website at http://www.copyright.gov/carp/muzak_notice.pdf.
    \3\ A copy of the Notice of Intent to Audit Music Choice will be 
posted on the Office website at http://www.copyright.gov/carp/musicchoice_notice.pdf.
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    In accordance with this regulation the Office is publishing today's 
notice to fulfill this requirement with respect to SoundExchange's 
notices of intent to audit.

    Dated: January 13, 2005
Tanya M. Sandros,
Associate General Counsel.
[FR Doc. 05-1037 Filed 1-18-05; 8:45 am]
BILLING CODE 1410-33-S