Notice of Intent To Audit
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Abstract
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2021, 2022, and 2023 statements of account submitted by commercial webcasters Beasley Mezzanine Holdings, LLC, Hubbard Broadcasting Inc., iHeartMedia, and Midwest Communications, Inc. and non-commercial webcaster Family Stations, Inc. concerning royalty payments they made pursuant to two statutory licenses.
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<title>Federal Register, Volume 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Page 3252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00623]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 24-CRB-0012-AU (Beasley Mezzanine Holdings LLC), 24-CRB-
0013-AU (Family Stations, Inc.), 24-CRB-0014-AU (Hubbard Broadcasting,
Inc.), 24-CRB-0015-AU (iHeartMedia), 24-CRB-0016-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 2021, 2022, and
2023 statements of account submitted by commercial webcasters Beasley
Mezzanine Holdings, LLC, Hubbard Broadcasting Inc., iHeartMedia, and
Midwest Communications, Inc. and non-commercial webcaster Family
Stations, Inc. 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 24-CRB-0012-AU (Beasley Mezzanine Holdings LLC), 24-CRB-
0013-AU (Family Stations, Inc.), 24-CRB-0014-AU (Hubbard Broadcasting,
Inc.), 24-CRB-0015-AU (iHeartMedia), or 24-CRB-0016-AU (Midwest
Communications).
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#f7948595b79b9894d9909881"><span class="__cf_email__" data-cfemail="4f2c3d2d0f23202c61282039">[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 20, 2024, SoundExchange filed with the Judges notices
of intent to audit the statements of account submitted by commercial
webcasters Beasley Mezzanine Holdings, Hubbard Broadcasting,
iHeartMedia, and Midwest Communications and non-commercial webcaster
Family Stations for the years 2021, 2022, and 2023. 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 Beasley
Mezzanine Holdings, Hubbard Broadcasting, iHeartMedia, and Midwest
Communications and non-commercial webcaster Family Stations for the
years 2021, 2022, and 2023.
Dated: January 8, 2025.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2025-00623 Filed 1-13-25; 8:45 am]
BILLING CODE 1410-72-P
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