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American Music Fairness Act of 2022
4/17/2024, 11:45 PM
Summary of Bill HR 4130
Under the American Music Fairness Act, radio stations would be required to pay royalties to artists and musicians for the songs they play on traditional radio broadcasts. This would bring the US in line with many other countries that already have similar laws in place.
The bill has received support from various music industry organizations, as well as artists and musicians who have long advocated for fair compensation for their work. Proponents of the bill argue that it is necessary to update current copyright laws to reflect the digital age and ensure that artists are fairly compensated for their music. Opponents of the bill, however, argue that it could place an undue burden on radio stations, particularly smaller, independent stations that may struggle to afford the additional costs of paying royalties. They also raise concerns about the potential impact on listenership and the overall music industry. Overall, the American Music Fairness Act of 2022 is a contentious piece of legislation that seeks to address the issue of fair compensation for music creators and performers. Its fate in Congress remains uncertain as lawmakers continue to debate the potential implications of the bill.
Congressional Summary of HR 4130
American Music Fairness Act of 2022
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.




