[Federal Register Volume 90, Number 31 (Tuesday, February 18, 2025)]
[Notices]
[Page 9737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02702]
[[Page 9737]]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket Nos. 25-CRB-0005-AU (Alpha Media LLC) and 25-CRB-0006-AU
(Univision Communications Inc.)]
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 2022, 2023, and
2024 statements of account submitted by commercial webcasters Alpha
Media LLC and Univision Communications Inc. concerning royalty payments
they made pursuant to two statutory licenses.
ADDRESSES: Dockets: For access to the dockets to read background
documents, go to eCRB at https://app.crb.gov and perform a case search
for docket 25-CRB-0005-AU (Alpha Media LLC), or 25-CRB-0006-AU
(Univision Communications Inc.).
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 through 384.
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 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 January 31, 2025, SoundExchange filed with the Judges notices of
intent to audit the statements of account submitted by commercial
webcasters Alpha Media LLC and Univision Communications Inc. for the
years 2022, 2023, and 2024. 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 January 31, 2025 notices of
intent to audit commercial webcasters Alpha Media LLC and Univision
Communications Inc. for the years 2022, 2023, and 2024.
Dated: February 11, 2025.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2025-02702 Filed 2-14-25; 8:45 am]
BILLING CODE 1410-72-P