[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Page 2571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-834]


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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 a 
notice of intent to audit the 2008 statements of account submitted by 
Lastfm, Ltd., concerning the royalty payments made pursuant to two 
statutory licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United 
States Codes, 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, this right is limited by two statutory licenses. The 
section 114 license allows the public performance of sound recordings 
by means of digital audio transmissions by nonexempt noninteractive 
digital subscription services and eligible nonsubscription services. 17 
U.S.C. 114(f). The second license allows a service to make any 
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. The rates and terms for the section 112 and 114 licenses are 
set forth in 37 CFR part 380. 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 380.13(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 380.15(c).
    On December 23, 2011, pursuant to Sec.  380.15(c), SoundExchange 
filed with the Judges a notice of intent to audit Last.fm, Ltd., for 
the year 2008. Section 380.15(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 Sec.  380.15(c), the Copyright Royalty Judges 
are publishing today's notice to fulfill this requirement with respect 
to SoundExchange's notice of intent to audit Last.fm, Ltd. filed 
December 23, 2011.

    Dated: January 12, 2012.
James Scott Sledge,
Chief, U.S. Copyright Royalty Judge.
[FR Doc. 2012-834 Filed 1-17-12; 8:45 am]
BILLING CODE 1410-72-P