[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53350-53351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20894]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 21-CRB-0010-AU (iHeartMedia)]


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,

[[Page 53351]]

Inc., of a notice of intent to audit the 2018, 2019, and 2020 
statements of account submitted by commercial webcaster iHeartMedia 
concerning the royalty payments it made pursuant to two statutory 
licenses.

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

SUPPLEMENTARY 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 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 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 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 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 September 14, 2021, SoundExchange filed 
with the Judges a notice of intent to audit iHeartMedia for the years 
2018-2020.
    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). This notice fulfills the Judges' 
publication obligation with respect to SoundExchange's September 14, 
2021 notice of intent to audit.

    Dated: September 22, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-20894 Filed 9-24-21; 8:45 am]
BILLING CODE 1410-72-P