[Federal Register: March 11, 2005 (Volume 70, Number 47)]
[Notices]
[Page 12242-12243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr05-104]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2005-3 CARP]
Notice of Intent to Audit
AGENCY: Copyright Office, Library of Congress.
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is announcing
receipt of a notice of intent to audit DMX Music, Inc., for its
transmissions of sound recordings to business establishments made under
an exemption to the digital performance right. This audit intends to
review transmissions to business establishments made by DMX Music,
Inc., for the years 2002, 2003, and 2004.
FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General
Counsel, or Abioye E. Oyewole, CARP Specialist, Copyright Arbitration
Royalty Panel (CARP), P.O. Box 70977, Southwest Station, Washington, DC
20024-0977. Telephone: (202) 707-8380. Telefax: (202) 707-3423.
SUPPLEMENTARY INFORMATION: Section 106(6) of the Copyright Act, title
17 of the United States Code, gives the copyright owner of a sound
recording the right to perform the sound recording publicly by means of
a digital audio transmission, subject to certain limitations. Among
these limitations is an exemption from the digital performance right
for services making digital transmissions of sound recordings to a
business establishment for use in the ordinary course of its business
(henceforth, ``Business Establishment Services''), provided that two
conditions are met: 1) the business recipient does not retransmit the
transmissions outside of its premises or the immediate surrounding
vicinity and, 2) the transmissions do not exceed the sound recording
performance complement. While Business Establishment Services do not
pay royalty fees for the right to transmit the sound recording, they do
make ephemeral phonorecords under a statutory license, see 17 U.S.C.
112(e), to facilitate the transmission of the sound recordings. Use of
this license requires the Business Establishment Service to make
payments of royalty fees to and file reports of sound recording
performances with SoundExchange, a collecting rights entity that was
designated by the Librarian of Congress to collect and distribute
royalty fee payments made under section 112(e). See 69 FR 5693
(February 6, 2004) and 69 FR 11515 (March 11, 2004).
Pursuant to Sec. 262.6 of title 37 of the Code of Federal
Regulations, as the Designated Agent, SoundExchange may conduct a
single audit of a Licensee, such as DMX Music, Inc., for the purpose of
verifying their royalty payments. As a preliminary matter, the
Designated Agent is required to submit a notice of its intent to audit
a Licensee with the Copyright Office and to serve this notice on the
service to be audited. 37 CFR 262.6(c).
On February 16, 2005, SoundExchange filed with the Copyright Office
a notice of intent to audit DMX Music, Inc.,\1\ for the years 2002,
2003, and 2004. As stated in section 262.6(c), the Copyright Office
then is required to publish a notice in
[[Page 12243]]
the Federal Register within thirty days of receipt of the filing
announcing the Designated Agent's intent to conduct an audit.
---------------------------------------------------------------------------
\1\ A copy of the Notice of Intent to Audit DMX Music, Inc.,
will be posted on the Office website at http://www.copyright.gov/carp/dmx_notice262.pdf
.
---------------------------------------------------------------------------
In accordance with this regulation, the Office is publishing
today's notice to fulfill this requirement with respect to
SoundExchange's notice of intent to audit.
Dated: March 8, 2005
Tanya M. Sandros,
Associate General Counsel.
[FR Doc. 05-4842 Filed 3-10-05; 8:45 am]
BILLING CODE 1410-33-S