Notice2021-20894
Notice of Intent To Audit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2021
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcaster iHeartMedia concerning the royalty payments it made pursuant to two statutory licenses.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53350-53351]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20894]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 21-CRB-0010-AU (iHeartMedia)]
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 from
SoundExchange,
[[Page 53351]]
Inc., of a notice of intent to audit the 2018, 2019, and 2020
statements of account submitted by commercial webcaster iHeartMedia
concerning the royalty payments it made pursuant to two statutory
licenses.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#9efdecfcdef2f1fdb0f9f1e8"><span class="__cf_email__" data-cfemail="ef8c9d8daf83808cc1888099">[email protected]</span></a>.
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 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 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
codified in 37 CFR parts 380 and 382-84.
As one of the terms for these licenses, the Judges designated
SoundExchange, Inc., (SoundExchange) as the Collective, i.e., the
organization charged with collecting the royalty payments and
statements of account submitted by eligible nonexempt noninteractive
digital subscription services such as Commercial Webcasters and with
distributing the royalties to the copyright owners and performers
entitled to receive them under the section 112 and 114 licenses. See 37
CFR 380.4(d).
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 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 37 CFR 380.6. On September 14, 2021, SoundExchange filed
with the Judges a notice of intent to audit iHeartMedia for the years
2018-2020.
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 37 CFR 380.6(c). This notice fulfills the Judges'
publication obligation with respect to SoundExchange's September 14,
2021 notice of intent to audit.
Dated: September 22, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-20894 Filed 9-24-21; 8:45 am]
BILLING CODE 1410-72-P
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