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Amends paragraph (6) of section 106 to read: 'in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.'
Amends subsection 114(d)(1): in the matter preceding subparagraph (A) strikes 'a digital' and inserts 'an'; strikes existing subparagraph (A); redesignates former subparagraphs (B) and (C) as (A) and (B), respectively; and in the redesignated subparagraph (A) replaces each place the term appears with 'licensed nonsubscription'.
Inserts a definition for 'audio transmission' into section 101: 'An is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work. "audio transmission".'
In section 112(e)(8), strikes 'a digital audio transmission' and inserts 'an audio transmission'.
Multiple conforming edits in section 114: amendments to subsection (d) (including paragraph (2) and paragraph (4) as indicated), subsection (g)(2)(A) by striking 'a digital' and inserting 'an', and subsection (j) (including paragraph (6) and paragraph (8) where 'subscription digital' is replaced with 'subscription').
Conforming edits in section 1401: in subsection (b) strikes 'a digital audio' and inserts 'an audio'; in subsection (d) edits paragraph (1) (striking 'a digital audio' and inserting 'an audio'), paragraph (2)(A) (striking 'a digital audio' and inserting 'an audio'), and paragraph (4)(A) (striking 'a digital audio' and inserting 'an audio').
In paragraph (1), by inserting after ';' (text of the insertion not reproduced in this section excerpt).
Inserts a new subparagraph (D) at the end of 17 U.S.C. 114(f)(1) establishing specified per-calendar-year royalty rates ($10, $100, $500) for eligible nonsubscription terrestrial broadcast stations, defines station- and owner-level revenue eligibility thresholds and certification requirements, and provides rules for revenue calculation and evidentiary use of these rates.
Strikes the text "section 397 of title 47" in 17 U.S.C. 118(f) and inserts replacement text (replacement text not provided in this section).
Adds a new subparagraph (D) to paragraph (3) of 17 U.S.C. 804(b) requiring a proceeding to determine royalty rates and terms for nonsubscription broadcast transmissions to commence as soon as practicable after enactment, making those determinations effective from the date of enactment through December 31, 2028, deferring certain payments under 17 U.S.C. 114(f)(1)(D) until the first royalty payments determined after enactment, and requiring repetition of the proceeding every fifth calendar year thereafter.
This bill would require AM/FM radio stations to get a license and pay artists when they play recorded songs on air, similar to how streaming services pay today. It expands the performance right so it applies to any audio transmission (digital or analog), not just digital-only plays. The Copyright Royalty Board would set the rates and review them regularly.
Small local stations get special low, flat annual fees if their revenue is under certain limits (for example, $10 if a station makes under $100,000 a year; $100 for small public stations; $500 for small commercial stations), with extra rules to make sure only truly small operations qualify. Rates would run through 2028 at first, then be reset every five years. The bill says these changes won’t reduce what songwriters are paid, and it tells the rate-setters to consider whether radio play helps promote music sales. It also ensures artists still get paid even when stations have direct licensing deals, by sending a share of those payments into the regular artist royalty pool.
Key points
Referred to the House Committee on the Judiciary.
Introduced January 31, 2025 by Darrell Issa · Last progress January 31, 2025
Referred to the House Committee on the Judiciary.
Introduced in House