[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45175-45176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18549]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 19-CRB-0012-AU (Sirius XM Radio Inc.)]


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 2018 statements of account submitted by Sirius XM 
Radio Inc.'s Commercial Webcaster service, Preexisting Satellite 
Digital Audio Radio Service, New Subscription Service, and Business 
Establishment Service concerning royalty payments they 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].
    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, 
including for transmissions to business establishments. 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 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

[[Page 45176]]

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 July 29, 2019, 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 transmissions 
terminating in the United States for the year 2018.\1\ 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. 
Today's notice fulfills this requirement with respect to 
SoundExchange's notice of intent to audit filed July 29, 2019.
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    \1\ The notice does not include an intent to audit statutory 
license payments made by Pandora Media, LLC or its predecessor 
company, Pandora Media, Inc.

    Dated: August 23, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019-18549 Filed 8-27-19; 8:45 am]
 BILLING CODE 1410-72-P