Notice2023-07472
Notice of Intent To Audit
Primary source
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Published
April 10, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster licensee Salem Media Group concerning royalty payments it made pursuant to two statutory licenses.
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Page 21212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07472]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 23-CRB-0006-AU (Salem Media Group)]
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 notice of intent to audit the 2020, 2021, and
2022 statements of account submitted by commercial webcaster licensee
Salem Media Group concerning royalty payments it made pursuant to two
statutory licenses.
ADDRESSES: Docket: For access to the docket 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 number 23-CRB-0006-AU (Salem Media Group).
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#12716070527e7d713c757d64"><span class="__cf_email__" data-cfemail="43203121032f2c206d242c35">[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 of the Copyright Act, 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 of the Copyright Act allows a service to make necessary
ephemeral reproductions to facilitate digital transmission of the sound
recordings. 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 (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 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 royalties to 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), and
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 April 4, 2023, SoundExchange filed with the Judges a notice of
intent to audit Salem Media Group for the years 2020, 2021, and
2022.\1\ 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 that obligation with respect to SoundExchange's
April 4, 2023 notice of intent to audit Salem Media Group for the years
2020, 2021, and 2022.
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\1\ The notice filed April 4 is a corrected version of a notice
filed on March 14.
Dated: April 5, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-07472 Filed 4-7-23; 8:45 am]
BILLING CODE 1410-72-P
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