[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22019-22020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09546]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 17-0014-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 a notice of 
intent to audit the 2015 and 2016 statements of account submitted by 
commercial webcaster Pandora Media, Inc. concerning the royalty 
payments it made pursuant to two statutory licenses.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, 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 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 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

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and terms for the section 112 and 114 licenses are codified in 37 CFR 
parts 380 and 382-84.
    As one of the terms 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 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. 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).
    On April 17, 2017, SoundExchange filed with the Judges a notice of 
intent to audit Pandora Media, Inc., for the years 2015 and 2016. 
Today's notice fulfills the Judges' publication obligation with respect 
to SoundExchange's April 17, 2017 notice of intent to audit.

    Dated: May 5, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-09546 Filed 5-10-17; 8:45 am]
 BILLING CODE 1410-72-P