[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Pages 61176-61177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27980]
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LIBRARY OF CONGRESS
Copyright Royalty Board
Notice of Intent To Audit
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Public notice.
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[[Page 61177]]
SUMMARY: The Copyright Royalty Judges are announcing receipt of a
notice of intent to audit the 2006, 2007 and 2008 statements of account
submitted by AOL LLC concerning the royalty payments made under two
statutory licenses.
FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: In 1995, Congress enacted the Digital
Performance Right in Sound Recordings Act of 1995 (``DPRA''), Public
Law 104-39, which created an exclusive right for copyright owners of
sound recordings, subject to certain limitations, to perform publicly
sound recordings by means of certain digital audio transmissions. Among
the limitations on the performance right was the creation of a
compulsory license for nonexempt noninteractive digital subscription
transmissions. 17 U.S.C. 114(f).
Section 114 was later amended with the passage of the Digital
Millennium Copyright Act of 1998 (``DMCA''), Public Law 105-304, to
cover additional digital audio transmissions, including eligible
nonsubscription transmissions.\1\ In addition to expanding the section
114 license, the DMCA also created a statutory license to allow a
service to make any necessary ephemeral reproductions to facilitate the
digital transmission of the sound recording. 17 U.S.C. 112(e).
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\1\ An ``eligible nonsubscription transmission'' is a
noninteractive digital audio transmission which, as the name
implies, does not require a subscription for receiving the
transmission. The transmission must also be made as a part of a
service that provides audio programming consisting in whole or in
part of performances of sound recordings the primary purpose of
which is to provide audio or entertainment programming, but not to
sell, advertise, or promote particular goods or services other than
sound recordings, live concerts, or other music-related events. 17
U.S.C. 114(j)(6).
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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 (``Judges''). On May 1, 2007, the Judges issued their final
determination setting rates and terms for the section 112 and 114
licenses for the period 2006-2010. 72 FR 24084. As part of the terms
set for these licenses, the Judges designated SoundExchange, Inc. as
the organization charged with collecting the royalty payments and
statements of account and distributing the royalties to the copyright
owners and performers entitled to receive such royalties under the
section 112 and 114 licenses. 37 CFR 380.4(b)(1). As the designated
Collective, SoundExchange may conduct a single audit of a licensee for
any calendar year for the purpose of verifying their royalty payments.
SoundExchange must first file with the Judges a notice of intent to
audit a licensee and serve the notice on the licensee to be audited. 37
CFR 380.6(b), (c).
On November 5, 2009, pursuant to 37 CFR 380.6(c), SoundExchange
filed with the Judges a notice of intent to audit AOL LLC for the years
2006, 2007, and 2008. Section 380.6(c) requires the Judges to publish a
notice in the Federal Register within 30 days of receipt of the notice
announcing the Collective's intent to conduct an audit.
In accordance with 37 CFR 380.6(c), the Copyright Royalty Judges
are publishing today's notice to fulfill this requirement with respect
to SoundExchange's notice of intent to audit AOL LLC filed November 5,
2009.
Dated: November 17, 2009.
James Scott Sledge,
Chief, U.S. Copyright Royalty Judge.
[FR Doc. E9-27980 Filed 11-20-09; 8:45 am]
BILLING CODE 1410-72-P