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By Miriam Raftery
Photo: CC by NC-ND via Bing
December 12, 2022 (Washington D.C.) -- Congressman Darrell Issa (CA-50) issued the following statement after the House Judiciary Committee unanimously voted in favor of Congressman Issa’s American Music Fairness Act on Dec. 8.
“For more than a century, the creators of musical content have gone uncompensated, even as their art has been listened to, danced to, downloaded and enjoyed year after year,” said Rep. Issa. “Today, bipartisan consensus made history and delivered the right outcome for artists and it is now time for all sides to come together and move forward. This vote was an important step and has set the stage for continued work that must be done.”
According to Issa’s press release, “For decades, American terrestrial radio stations have not been required to compensate performers when they play their music – making the United States one of the only developed countries in the world with these outdated laws. The American Music Fairness Act closes this loophole and requires broadcasters, with an exemption for small stations making less than $1.5 million per year, to pay artists when using their work.”
According to an analysis by the Congressional Research Service, this bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues.
Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.
Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings.
Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.
Read full text of bill: https://www.congress.gov/bill/117th-congress/house-bill/4130/text
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