[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7875-7876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01320]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 17-0004-CRB-AU, 17-0007-CRB-AU, and 17-0010-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 three notices 
of intent to audit the 2013, 2014, and 2015 statements of account 
submitted by commercial webcasters Radionomy (Docket No. 17-CRB-0004-
AU), IMVU, Inc. (Docket No. 17-CRB-0007-AU),

[[Page 7876]]

and Slacker, Inc. (Docket No. 17-CRB-0010-AU), concerning the royalty 
payments each made pursuant to two statutory licenses.

FOR FURTHER INFORMATION CONTACT: Anita Brown, 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, 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. 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 eligible nonexempt noninteractive digital subscription 
services such as Commercial Webcasters 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(d).
    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. See 37 CFR 380.6.
    On December 22, 2016, SoundExchange filed with the Judges notices 
of intent to audit Radionomy, IMVU, Inc., and Slacker, Inc., for the 
years 2013, 2014, and 2015. 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. See 37 CFR 380.6(c). Today's 
notice fulfills this requirement with respect to SoundExchange's 
December 22, 2016, notices of intent to audit.

    Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-01320 Filed 1-19-17; 8:45 am]
 BILLING CODE 1410-72-P