Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB253

Introduced
2/2/23  

Caption

American Music Fairness Act

Impact

The proposed legislation would make significant changes to the treatment of sound recording performances under existing copyright law. By ensuring that all audio transmissions are covered under performance rights, the bill is anticipated to foster a more equitable system for both artists and broadcasters. Moreover, it includes stipulations to protect smaller broadcasters with reduced royalty rates based on their annual revenue, which might alleviate some financial pressure on local radio stations while reinforcing the rights of artists.

Summary

SB253, known as the American Music Fairness Act, seeks to amend Title 17 of the United States Code to establish fair treatment for radio stations and artists regarding the use of sound recordings. The bill specifically aims to address discrepancies in broadcasting rights between terrestrial and internet services, ensuring that terrestrial broadcasters are fairly compensated for performances of sound recordings. This includes an equitable framework for royalty fees associated with audio transmissions, adjusting language to encompass all audio broadcasts rather than limiting definitions to digital formats.

Contention

The legislative discussions surrounding SB253 may involve contention primarily based on the implications of royalty distribution. Critics may argue that the bill could unintentionally disadvantage smaller, independent stations compared to larger, established broadcasters who can absorb the costs associated with increased royalty fees. Additionally, defining fair treatment across various broadcasting platforms may lead to debates about valuation of promotional exposure versus direct compensation, as well as the potential impact on songwriting royalties. Thus, stakeholders within the music industry and broadcast community are likely to have divergent views on how these changes would fundamentally reshape their operational landscape.

Companion Bills

US HB791

Related American Music Fairness Act of 2023

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