[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2652-2653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00682]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 23-CRB-0015-AU (BBNRadio.org)]


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 a notice of intent to audit the 2020, 2021, and 
2022 statements of account submitted by noncommercial webcaster 
BBNRadio.org concerning royalty payments it 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 23-CRB-0015-AU (BBNRadio.org).

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

[[Page 2653]]

licensees, including those that operate commercial and noncommercial 
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 December 22, 2023, SoundExchange filed with the Judges a notice 
of intent to audit the statements of account submitted by noncommercial 
webcaster BBNRadio.org 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 
the Judges' publication obligation with respect to SoundExchange's 
December 22, 2023 notice of intent to audit noncommercial webcaster 
BBNRadio.org for the years 2020, 2021, and 2022.

    Dated: January 9, 2024.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2024-00682 Filed 1-12-24; 8:45 am]
BILLING CODE 1410-72-P