S. 326 · Where this bill is now
In committee
Introduced in the Senate, Jan 30, 2025
What this bill does
In plain words · AI-written from the official summaryRadio stations must pay for music performance rights
Right now, regular radio stations can play copyrighted music for free, while streaming services have to pay. This bill would require nonsubscription terrestrial radio stations to get a license and pay royalties when they publicly perform sound recordings. An agency called the Copyright Royalty Board would set the payment rates based on how the radio play affects other ways people can listen to and buy music. Smaller radio stations could pay flat fees instead of rates set by the board.
How it affects you
If you listen to terrestrial radio (the kind you tune into in your car), this could eventually affect what songs stations play or how they operate, since they'd have a new licensing cost. Musicians and people who own recordings would receive royalty payments from radio stations for the first time. Radio station owners would face new licensing requirements and costs, though smaller stations would have simpler payment options.
Read the official summary (Introduced in Senate, Jan 30, 2025)
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.
Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.
1st SessionS. 326
A BILL
American Music Fairness Act
Sponsor: Sen. Marsha Blackburn (R-TN) · Introduced Jan 30, 2025 · Commerce · 1 version of the text
Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Jan 30, 2025: “Read twice and referred to the Committee on the Judiciary.”
Sections
Sections · 7
- Sec. 1Short title; table of contentsNo change
- Sec. 2Equitable treatment for terrestrial broadcasts and internet servicesNo change
- Sec. 3Timing of proceedings under sections 112(e) and 114(f)No change
- Sec. 4Special protection for small broadcastersNo change
- Sec. 5Distribution of certain royaltiesNo change
- Sec. 6No harmful effects on songwritersNo change
- Sec. 7Value of promotion taken into accountNo change