[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3785-3786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01299]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-0004-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 two notices 
of intent to audit the 2012, 2013, and 2014 statements of account 
submitted by DMX and Muzak LLC concerning the royalty payments their 
Business Establishment Services made pursuant to two statutory 
licenses.

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

SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United 
States Code, grants to copyright owners of sound recordings the 
exclusive right to publicly perform sound recordings by means of 
certain digital audio transmissions, subject to certain limitations. 
Specifically, the right is limited by an exception that allows 
noninteractive public performances by means of a digital audio 
transmission that are part of a transmission to a business 
establishment for use in the ordinary course of its business. 17 U.S.C. 
114(d)(1)(C)(iv). 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 
the ephemeral recordings made by entities that transmit performances of 
sound recordings to business establishments (Business Establishment 
Services).\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 this license 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 license for Business 
Establishment Services is set forth in 37 CFR part 384. As part of the 
terms set for this license, the Judges designated SoundExchange, Inc. 
as the Collective, i.e., the organization charged with collecting the 
royalty payments and statements of account submitted by Business 
Establishment Services and with 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 in order 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. 37 CFR 384.6(c).
    On December 23, 2015, SoundExchange filed with the Judges a notice 
of intent to audit the Business Establishment Services of DMX and

[[Page 3786]]

Muzak LLC for the years 2012, 2013, and 2014.
    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 December 23, 2015, notices 
of intent to audit.

    Dated: January 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-01299 Filed 1-21-16; 8:45 am]
 BILLING CODE 1410-72-P