Notice2024-00684
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 16, 2024
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcasters Cumulus Media, Spanish Broadcasting, Stephens Media Group, Summit Media, Urban One concerning royalty payments they made pursuant to two statutory licenses.
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Page 2652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00684]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 23-CRB-0016-AU (Cumulus Media), 23-CRB-0018-AU (Spanish
Broadcasting System), 23-CRB-0019-AU (Stephens Media Group), 23-CRB-
0020-AU (SummitMedia, LLC) 23-CRB-0021-AU (Urban One)]
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 2020, 2021, and
2022 statements of account submitted by commercial webcasters Cumulus
Media, Spanish Broadcasting, Stephens Media Group, Summit Media, Urban
One concerning royalty payments they made pursuant to two statutory
licenses.
ADDRESSES: Dockets: 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 23-CRB-0016-AU (Cumulus Media), 23-CRB-0018-AU (Spanish
Broadcasting System), 23-CRB-0019-AU (Stephens Media Group), 23-CRB-
0020-AU (SummitMedia, LLC), or 23-CRB-0021-AU (Urban One).
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#492a3b2b0925262a672e263f"><span class="__cf_email__" data-cfemail="9dfeefffddf1f2feb3faf2eb">[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 licensees, including those that
operate commercial and noncommercial 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, 2023, SoundExchange filed with the Judges notices
of intent to audit the statements of account submitted by commercial
webcasters Cumulus Media, Spanish Broadcasting, Stephens Media Group,
Summit Media, Urban One for the years 2020, 2021, and 2022. 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, 2023 notices of intent to audit commercial webcasters
Cumulus Media, Spanish Broadcasting, Stephens Media Group, Summit
Media, Urban One for the years 2020, 2021, and 2022.
Dated: January 9, 2024.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2024-00684 Filed 1-12-24; 8:45 am]
BILLING CODE 1410-72-P
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