[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Page 7876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01321]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 17-0006-CRB-AU]


Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

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SUMMARY INFORMATION: The Copyright Royalty Judges announce receipt of a 
notice of intent to audit the 2013, 2014, and 2015 statements of 
account of Sirius XM Radio, Inc., concerning royalty payments its 
Commercial Webcaster service, Preexisting Satellite Digital Audio Radio 
Service, New Subscription Service, and Business Establishment Service 
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 copyright owners of sound recordings 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, including transmissions to 
business establishments.\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 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 licensees, including those that operate commercial 
webcaster services, preexisting satellite digital audio radio services, 
new subscription services, and those that make ephemeral copies for 
transmission to business establishments. The Collective is also charged 
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), 382.13(b)(1), 383.4(a), 384.4(b)(1).
    As the Collective,t, SoundExchange may, once during a calendar 
year, conduct an audit of a licensee for any or all of the prior three 
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, 382.15, 383.4(a), and 
384.6.
    On December 22, 2016, SoundExchange filed with the Judges a notice 
of intent to audit Sirius XM Radio, Inc.'s Commercial Webcaster 
service, Preexisting Satellite Digital Audio Radio Service, New 
Subscription Service, and Business Establishment Service 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), 
382.15(c), 383.4(a), and 384.6(c). Today's notice fulfills this 
requirement with respect to SoundExchange's December 22, 2016, notice 
of intent to audit.

    Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-01321 Filed 1-19-17; 8:45 am]
BILLING CODE 1410-72-P