On January 3, 2012, the Copyright Royalty Board of the Library of Congress published a notice announcing that it began public proceedings to determine reasonable rates and terms for making ephemeral recordings of sound recordings for later transmission by entities that transmit performances of sound recordings to business establishments. An ephemeral recording is a reproduction of a work produced solely for transmission of the work by an entity legally entitled to publicly perform the work. Section 112 of the Copyright Act protects entities that use ephemeral recordings according to the statute.

Parties that wish to participate in the proceedings must file a Petition to Participate and the $150 filing fee no later than February 2, 2012.