Bills/S. 326

American Music Fairness Act

American Music Fairness Act

In CommitteeEconomySenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# American Music Fairness Act Summary **What It Would Do** This bill would require traditional AM/FM radio stations to pay royalties (fees) to artists and record labels when they play their music—something they currently don't have to do. Right now, only digital radio services (like satellite and internet radio) pay these performance fees, while terrestrial broadcast radio stations get a free pass. The bill would change that by establishing that radio stations need a license to broadcast copyrighted music and would have to pay rates set by the Copyright Royalty Board (a government agency that determines fair licensing costs). **Who It Affects** The primary groups affected are: artists and record labels (who would gain new revenue from radio play), and terrestrial radio stations (who would face new licensing costs).

Small radio stations below a certain revenue threshold might face different requirements than larger stations. Listeners wouldn't directly pay extra since they already listen to radio for free, though the economics could indirectly impact programming decisions. **Current Status** The bill was introduced by Senator Marsha Blackburn (R-TN) in the 119th Congress and is currently in committee, meaning it hasn't advanced to a full floor vote yet. This is a significant change to copyright law that would likely face debate from both the radio industry and music advocacy groups.

CRS Official Summary

American Music Fairness Act 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. (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 get 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.

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Latest Action

January 30, 2025

Read twice and referred to the Committee on the Judiciary.

Sponsor

5 cosponsors

Key Dates

Introduced
January 30, 2025
Last Updated
January 30, 2025
Read Full Text on Congress.gov →
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