Notice2021-27670
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
December 22, 2021
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2018, 2019, and 2020 statements of account submitted by commercial webcasters Audacy and Midwest Communications concerning the royalty payments they made pursuant to two statutory licenses.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72640-72641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27670]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 21-CRB-0014-AU (Audacy) and 21-CRB-0015-AU (Midwest
Communications)]
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, Inc., of notices of intent to audit the 2018, 2019, and
2020 statements of account submitted by commercial webcasters Audacy
and Midwest Communications concerning the royalty payments they made
pursuant to two statutory licenses.
ADDRESSES: Docket: For access to the dockets to read background
documents, go to eCRB at <a href="https://app.crb.gov">https://app.crb.gov</a> and perform a case search
for docket 21-CRB-0014-AU (Audacy) or 21-CRB-0015-AU (Midwest
Communications).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#593a2b3b1935363a773e362f"><span class="__cf_email__" data-cfemail="2447564664484b470a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Copyright Act 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
[[Page 72641]]
to the licensee. See 37 CFR 380.6. On December 7, 2021, SoundExchange
filed with the Judges notices of intent to audit Audacy and Midwest
Communications for the years 2018, 2019, and 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 December 7, 2021
notices of intent to audit Audacy and Midwest Communications.
Dated: December 16, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2021-27670 Filed 12-21-21; 8:45 am]
BILLING CODE 1410-72-P
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