Notice2023-00644
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
January 17, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2019, 2020, and 2021 statements of account submitted by commercial webcasters Cox Radio Interactive, Deseret Management Corporation, and Feed Media, Inc. concerning royalty payments they made pursuant to two statutory licenses.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Page 2644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00644]
[[Page 2644]]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 22-CRB-0010-AU (Cox Radio Interactive), 22-CRB-0011-AU
(Deseret Management Corporation), 22-CRB-0012-AU (Feed Media Inc)]
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 2019, 2020, and
2021 statements of account submitted by commercial webcasters Cox Radio
Interactive, Deseret Management Corporation, and Feed Media, Inc.
concerning 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 22-CRB-0010-AU (Cox Radio Interactive), 22-CRB-0011-AU
(Deseret Management Corporation) or 22-CRB-0012-AU (Feed Media, Inc).
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#b6d5c4d4f6dad9d598d1d9c0"><span class="__cf_email__" data-cfemail="32514050725e5d511c555d44">[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 through 384.
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 licensees, including those that
operate commercial webcaster services, preexisting satellite digital
audio radio services, new subscription services, and those that make
ephemeral copies for transmission to business establishments. The
Collective is also charged 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)(1), 382.5(d)(1),
383.4(a), 384.4(b)(1).
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(b), 382.7(b), 383.4(a) and 384.6(b).
On December 22, 2022, SoundExchange filed with the Judges notices
of intent to audit the statements of account submitted by commercial
webcasters Cox Radio Interactive, Deseret Management Corporation, and
Feed Media, Inc. for the years 2019, 2020, and 2021. 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) 382.7(c), 383.4(a) and 384.6(c). This notice fulfills the
Judges' publication obligation with respect to SoundExchange's December
22, 2022 notices of intent to audit Cox Radio Interactive, Deseret
Management Corporation, and Feed Media, Inc. for the years 2019, 2020,
and 2021.
Dated: January 10, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-00644 Filed 1-13-23; 8:45 am]
BILLING CODE 1410-72-P
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