[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72640-72641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27670]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket Nos. 21-CRB-0014-AU (Audacy) and 21-CRB-0015-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 2018, 2019, and 
2020 statements of account submitted by commercial webcasters Audacy 
and Midwest Communications concerning the royalty payments they made 
pursuant to two statutory licenses.

ADDRESSES: Docket: For access to the dockets to read background 
documents, go to eCRB at https://app.crb.gov and perform a case search 
for docket 21-CRB-0014-AU (Audacy) or 21-CRB-0015-AU (Midwest 
Communications).

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

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 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

[[Page 72641]]

to the licensee. See 37 CFR 380.6. On December 7, 2021, SoundExchange 
filed with the Judges notices of intent to audit Audacy and Midwest 
Communications for the years 2018, 2019, and 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 December 7, 2021 
notices of intent to audit Audacy and Midwest Communications.

    Dated: December 16, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2021-27670 Filed 12-21-21; 8:45 am]
BILLING CODE 1410-72-P