Skip to Content


Notice of Intent To Audit

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


Copyright Royalty Board (CRB), Library of Congress.


Public notice.


The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2015, 2016, and 2017 statements of account submitted by noncommercial webcaster Educational Media Foundation concerning royalty payments it made pursuant to a statutory license.


Docket: For access to the docket to read background documents, go to eCRB, the Copyright Royalty Board's electronic filing and case Start Printed Page 1235management system, at​ and search for docket number 18-CRB-0015-AU (Educational Media Foundation).

Start Further Info


Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at

End Further Info End Preamble Start Supplemental Information


The Copyright Act, title 17 of the United States Code, 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 performance right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, pre-existing subscription 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 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 parts 380 and 382-84.

As part of the terms for these licenses, the Judges designated SoundExchange, Inc., as the Collective, i.e., the organization charged with collecting royalty payments and statements of account submitted by eligible licensees and with distributing royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See, e.g., 37 CFR 380.2(a).[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 in order 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, e.g., 37 CFR 380.6(c).

On December 20, 2018, SoundExchange filed with the Judges a notice of intent to audit licensee Educational Media Foundation for its transmissions terminating in the United States for the years 2015, 2016, and 2017. 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 id. Today's notice fulfills this requirement with respect to SoundExchange's notice of intent to audit filed December 20, 2018.

Start Signature

Dated: January 10, 2019.

Suzanne M. Barnett,

Chief Copyright Royalty Judge.

End Signature End Supplemental Information


1.  Citations are to current sections of the CFR.

Back to Citation

[FR Doc. 2019-00654 Filed 1-31-19; 8:45 am]