[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Page 8585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3991]


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LIBRARY OF CONGRESS

Copyright Royalty Board


Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

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SUMMARY: The Copyright Royalty Judges are announcing receipt of notices 
of intent to audit the 2007 and 2008 statements of account submitted by 
Sirius Satellite Radio Inc. and XM Satellite Radio, Inc.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Section 106(6) of the Copyright Act, title 
17 of the United States Code, gives a copyright owner of sound 
recordings an exclusive right to perform the copyrighted works publicly 
by means of a digital audio transmission. This right is limited by 
section 114(d), which allows certain non-interactive digital audio 
services, including preexisting satellite digital audio radio services, 
to make digital transmissions of a sound recording under a compulsory 
license. Moreover, these services may make any necessary ephemeral 
reproductions to facilitate the digital transmission of the sound 
recording under a second license set forth in section 112(e) of the 
Copyright Act.
    Licensees may operate under these licenses provided they pay the 
royalty fees and comply with the terms of the licenses set by the 
Copyright Royalty Judges (``Judges''). On January 24, 2008, the Judges 
issued their final determination setting rates and terms for the 
section 112 and 114 licenses for the period 2007-2012. 73 FR 4080. As 
part of the terms set for these licenses, the Judges designated 
SoundExchange, Inc., as the organization charged with collecting the 
royalty payments and statements of account and distributing the 
royalties to the copyright owners and performers entitled to receive 
such royalties under the section 112 and 114 licenses. 37 CFR 
382.13(b)(1). As the designated Collective, SoundExchange may conduct a 
single audit of a licensee for any calendar year for the purpose of 
verifying their 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 382.15(b), (c).
    On February 13, 2009, pursuant to 37 CFR 382.15(c), SoundExchange 
filed with the Judges separate notices of intent to audit Sirius 
Satellite Radio Inc. and XM Satellite Radio Inc. for the years 2007 and 
2008. Section 382.15(c) requires the Judges to publish a notice in the 
Federal Register within 30 days of receipt of the notice announcing the 
Collective's intent to conduct an audit.
    In accordance with 37 CFR 382.15(c), the Copyright Royalty Judges 
are publishing today's notice to fulfill this requirement with respect 
to SoundExchange's separate notices of intent to audit Sirius Satellite 
Radio Inc. and XM Satellite Radio Inc. each filed on February 13, 2009.

    Dated: February 20, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E9-3991 Filed 2-24-09; 8:45 am]
BILLING CODE 1410-72-P