```

[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Page 31977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12490]

=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges are announcing receipt of two 
notices of intent to audit the 2010, 2011, and 2012 statements of 
account submitted by Saga Communications, Inc. and Cumulus Media, Inc., 
concerning the royalty payments made by each pursuant to two statutory 
licenses.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at crb@loc.gov.
SUMMARY INFORMATION: The Copyright Act, title 17 of the 
United States Code, grants to copyright owners of sound recordings the 
exclusive right to perform publicly sound recordings by means of 
certain digital audio transmissions, subject to certain limitations. 
Specifically, this right is limited by two statutory licenses. The 
section 114 license allows the public performance of sound recordings 
by means of digital audio transmissions by nonexempt noninteractive 
digital subscription services and eligible nonsubscription services. 17 
U.S.C. 114(f). The second license allows a service to make any 
necessary ephemeral reproductions to facilitate the 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 
set forth in 37 CFR part 380. As part of the terms set for these 
licenses, the Judges designated SoundExchange, Inc., as the 
organization charged with collecting the royalty payments and 
statements of account submitted by eligible nonsubscription services 
under the section 112 and 114 licenses. 37 CFR 380.13(b)(1). As the 
designated Collective, SoundExchange may conduct a single audit of a 
licensee for any calendar year for the purpose of verifying their 
royalty payments. SoundExchange must first file with the Judges a 
notice of intent to audit a licensee and serve the notice on the 
licensee to be audited. 37 CFR 380.15(c).
    On May 10, 2013, SoundExchange filed with the Judges separate 
notices of intent to audit Cumulus Media Inc. and Saga Communications, 
Inc. for the years 2010, 2011, and 2012. Section 380.15(c) requires the 
Judges to publish a notice in the Federal Register within 30 days of 
receipt of the notice announcing the Collective's intent to conduct an 
audit.
    In accordance with Sec.  380.15(c), the Copyright Royalty Judges 
are publishing today's notice to fulfill this requirement with respect 
to SoundExchange's respective notices of intent to audit Cumlus Media 
Inc. and Saga Communications, Inc., each filed May 10, 2013.

    Dated: May 21, 2013.
Suzanne M. Burnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-12490 Filed 5-24-13; 8:45 am]
BILLING CODE 1410-72-P
```