Us Congress 2023-2024 Regular Session

Us Congress House Bill HB791

Introduced
2/2/23  

Caption

American Music Fairness Act of 2023

Impact

The proposed changes would alter how terrestrial broadcasts are treated under current copyright laws, which have previously exempted these entities from paying for performance rights. The bill outlines specific royalty fees for various categories of broadcasters, including provisions for small broadcasters that generate minimal revenue, thus aiming to ensure that local stations can continue to operate without overwhelming financial burdens. This legislation is expected to facilitate a more sustainable business model for small stations while promoting fairness for artists who deserve compensation for their work.

Summary

House Bill 791, known as the American Music Fairness Act of 2023, aims to amend Title 17 of the United States Code to ensure fair treatment for radio stations and artists regarding the use of sound recordings. This legislation intends to establish equitable payment structures for performances of sound recordings, addressing disparities that have historically favored certain types of music distribution over others. By modifying existing copyright laws, the bill seeks to create a more balanced landscape for music royalties in both terrestrial and internet-based broadcasts.

Contention

Notably, there are concerns regarding the implications of the new royalty structures on small broadcasters and the potential unintended consequences on music accessibility. Critics might argue that the introduction of new fees could disproportionately affect smaller, community-run stations that are already operating on tight budgets. While supporters claim that the bill will help artists receive fair compensation, opponents worry that it may lead to reduced airplay for certain types of music, stifling diversity in radio programming and limiting exposure for emerging artists.

Companion Bills

US SB253

Related American Music Fairness Act

Similar Bills

US HB861

American Music Fairness Act of 2025

US SB326

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.

US SB253

American Music Fairness Act

US SB1669

AM Radio for Every Vehicle Act of 2023

US HB3634

Safe Aviation and Flight Enhancement Act of 2023

US SB486

Honest Ads Act

US HB2599

Honest Ads Act

LA HB632

Provides the method of calculating taxable income derived from broadcasting film and radio programming which is attributable to activity in La. (EN SEE FISC NOTE GF RV See Note)