[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7998-7999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02582]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 23-CRB-0001-AU (Sonos Radio)]


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 2020, 2021, and 
2022 statements of account submitted by commercial webcaster licensee 
Sonos Radio concerning royalty payments it made pursuant to two 
statutory licenses.

ADDRESSES: Docket: For access to the docket to read background 
documents, go to eCRB at https://app.crb.gov and perform a case search 
for docket number 23-CRB-0001-AU (Sonos Radio).

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

[[Page 7999]]


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 of the Copyright Act, 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 of the Copyright Act allows a service to make necessary 
ephemeral reproductions to facilitate digital transmission of the sound 
recordings. 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 (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 royalties to 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), and 
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 January 20, 2023, SoundExchange filed with the Judges a notice 
of intent to audit Sonos Radio for the years 2020, 2021, and 2022. 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 that obligation with respect to SoundExchange's January 
20, 2023 notice of intent to audit Sonos Radio for the years 2020, 2021 
and 2022.

David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-02582 Filed 2-6-23; 8:45 am]
BILLING CODE 1410-72-P