[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Page 26706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11922]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 19-CRB-0008-AU (TuneIn, Inc.)]


Notice of Intent To Audit

AGENCY: Copyright Royalty Board (CRB), 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 2018 statements of account submitted by commercial 
webcaster TuneIn, Inc. concerning royalty payments it made pursuant to 
two statutory licenses.

ADDRESSES: Docket: For access to the docket to read background 
documents, go to eCRB, the Copyright Royalty Board's electronic filing 
and case management system, at https://app.crb.gov/ and search for 
docket number 19-CRB-0008-AU (TuneIn, Inc.).

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
by telephone at (202) 707-7658 or 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 
performance right is limited by the statutory license in section 114, 
which allows nonexempt noninteractive digital subscription services, 
eligible nonsubscription services, pre-existing subscription 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 through 384.
    As part of the terms for these licenses, the Judges designated 
SoundExchange, Inc., as the Collective, i.e., the organization charged 
with collecting royalty payments and statements of account submitted by 
eligible licensees and with distributing royalties to the copyright 
owners and performers entitled to receive them under the section 112 
and 114 licenses. See, e.g., 37 CFR 380.2(a).
    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, e.g., 37 CFR 380.6(c).
    On May 7, 2019, SoundExchange filed with the Judges notice of 
intent to audit licensee TuneIn, Inc. for their transmissions 
terminating in the United States for the year 2018. 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 id. 
This notice fulfills this requirement with respect to SoundExchange's 
notice of intent to audit filed May 7, 2019.

    Dated: June 3, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019-11922 Filed 6-4-19; 11:15 am]
 BILLING CODE 1410-72-P