[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Page 12884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5124]



Copyright Royalty Board

Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.


SUMMARY: The Copyright Royalty Judges are announcing receipt of two 
notices of intent to audit the 2009, 2010, and 2011 statements of 
account submitted by Digitally Imported, Inc., and Beasley Broadcast 
Group, Inc., concerning the royalty payments made by each pursuant to 
two statutory licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United 
States Code, grants to copyright owners of sound recordings the 
exclusive right to perform publicly sound recordings by means of 
certain digital audio transmissions, subject to certain limitations. 
Specifically, this right is limited by two statutory licenses. The 
section 114 license allows the public performance of sound recordings 
by means of digital audio transmissions by nonexempt noninteractive 
digital subscription services and eligible nonsubscription services. 17 
U.S.C. 114(f). The second license allows a service to make any 
necessary ephemeral reproductions to facilitate the 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 
set forth in 37 CFR part 380. As part of the terms set for these 
licenses, the Judges designated SoundExchange, Inc., as the 
organization charged with collecting the royalty payments and 
statements of account submitted by eligible nonsubscription services 
such as, among others, Commercial Webcasters and Broadcasters, and 
distributing the royalties to the copyright owners and performers 
entitled to receive such royalties under the section 112 and 114 
licenses. 37 CFR 380.4(b)(1) (Commercial Webcasters), 380.13(b)(1) 
(Broadcasters). As the designated Collective, SoundExchange may conduct 
a single audit of a licensee for any calendar year for the purpose of 
verifying their royalty payments. SoundExchange must first file with 
the Judges a notice of intent to audit a licensee and serve the notice 
on the licensee to be audited. 37 CFR 380.6(c), 380.15(c).
    On February 15, 2012, SoundExchange filed with the Judges separate 
notices of intent to audit Digitally Imported, Inc., a Commercial 
Webcaster, and Beasley Broadcast Group, Inc., a Broadcaster, for the 
years 2009, 2010, and 2011. Sections 380.6(c) and 380.15(c) require the 
Judges to publish a notice in the Federal Register within 30 days of 
receipt of the notice announcing the Collective's intent to conduct an 
    In accordance with Sec. Sec.  380.6(c) and 380.15(c), the Copyright 
Royalty Judges are publishing today's notice to fulfill this 
requirement with respect to SoundExchange's respective notices of 
intent to audit Digitally Imported, Inc., and Beasley Broadcast Group, 
Inc., each filed February 15, 2012.

    Dated: February 28, 2012.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2012-5124 Filed 3-1-12; 8:45 am]