[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Page 73798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26074]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 22-CRB-0007-AU (Sirius XM)]


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 notice of intent to audit the 2019, 2020, and 
2021 statements of account submitted by Sirius XM Radio Inc.'s 
Commercial Webcaster service, Preexisting Satellite Digital Audio Radio 
Service, New Subscription Service, and Business Establishment Service 
concerning 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 22-CRB-0007-AU (Sirius XM).

FOR FURTHER INFORMATION CONTACT: Anita Brown, (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 licensees, including those that 
operate commercial 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 November 1, 2022, SoundExchange filed with the Judges a notice 
of intent to audit Sirius XM Radio Inc. for the years 2019, 2020, and 
2021.\1\ 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 November 1, 2022 notice of intent to audit Sirius XM 
Radio Inc. for the years 2019, 2020, and 2021.
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    \1\ The notice does not include an intent to audit statutory 
license payments made by Pandora Media, LLC or its predecessor 
company, Pandora Media, Inc.

    Dated: November 23, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022-26074 Filed 11-30-22; 8:45 am]
BILLING CODE 1410-72-P