[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1530-1531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00180]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket Nos. 20-CRB-0014-AU (Cumulus Media, Inc.), 20-CRB-0015-AU 
(Emmis Communications Corp.), 20-CRB-0016-AU (IMVU, Inc.), 20-CRB-0018-
AU (Pandora Media), 20-CRB-0020-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., (SoundExchange) of notices of intent to audit the 
2017, 2018, and 2019 statements of account submitted by commercial 
webcasters Cumulus Media, Emmis Communications, IMVU, Inc., Pandora 
Media, LLC, and Urban One, Inc. concerning the royalty payments they 
made pursuant to two statutory licenses.

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

SUMMARY INFORMATION: The Copyright Act, title 17 of the United States 
Code, 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 pre-existing 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 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 parts 380 and 382-84.
    As part of the terms set for these licenses, the Judges designated 
SoundExchange, as the Collective, i.e., the organization charged with 
collecting the royalty payments and statements of account submitted by 
eligible nonexempt noninteractive digital subscription services such as 
Commercial Webcasters and with distributing the royalties to the 
copyright owners and performers entitled to receive them under the

[[Page 1531]]

section 112 and 114 licenses. See 37 CFR 380.4(d).
    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 in 
order 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.
    On December 18, 2020, SoundExchange filed with the Judges notices 
of intent to audit Cumulus Media, Emmis Communications, IMVU, Inc., 
Pandora Media, LLC, and Urban One, Inc. for the years 2017--2019. 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). Today's notice fulfills this requirement 
with respect to SoundExchange's December 18, 2020 notices of intent to 
audit.

    Dated: January 5, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-00180 Filed 1-7-21; 8:45 am]
BILLING CODE 1410-72-P