[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 102 Introduced in House (IH)]

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117th CONGRESS
  2d Session
H. CON. RES. 102

  Expressing the sense of Congress that it is the duty of the Federal 
  Government to establish a new royalty program to provide income to 
   featured and non-featured performing artists whose music or audio 
   content is listened to on streaming music services, like Spotify.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 9, 2022

    Ms. Tlaib (for herself and Mr. Bowman) submitted the following 
   concurrent resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of Congress that it is the duty of the Federal 
  Government to establish a new royalty program to provide income to 
   featured and non-featured performing artists whose music or audio 
   content is listened to on streaming music services, like Spotify.

Whereas streaming music services have become the dominant method of music 
        consumption, and presently account for roughly 83 percent of total 
        recorded music revenue in the United States;
Whereas providers of streaming music service, like Spotify, saw a 13.4-percent 
        increase in revenues in 2020, bringing Spotify's streaming music service 
        total revenue to $10,100,000,000;
Whereas musicians have created the content responsible for these record 
        valuations, but are only compensated on average $0.007 per stream;
Whereas providers of streaming music service compensate featured artists at a 
        significantly lower rate than traditional physical record sales;
Whereas non-featured artists are presently compensated for digital radio play 
        but receive no compensation by providers of streaming music service for 
        streaming plays;
Whereas the COVID-19 pandemic has significantly disrupted the live concert 
        industry, thereby reducing alternative sources of non-royalty income for 
        musicians;
Whereas, to the extent the rise of streaming music services has benefited 
        musicians, it has done so in an unequal manner, with benefits accruing 
        mostly to those with sufficient bargaining power to negotiate with large 
        companies on an individual basis;
Whereas existing royalty and remuneration practices are insufficient to address 
        and cover new modes of consumption and distribution of music, as well as 
        properly reflect the value captured by streaming music services through 
        data gathering and advertising sales;
Whereas ensuring that both featured and non-featured artists are adequately 
        compensated for their work strengthens the creative economy and creates 
        an environment within the United States wherein such artists feel 
        respected;
Whereas the United States risks falling behind in investing in musicians within 
        the United States compared to countries such as France and Canada, that 
        have proposed new legislation in the past 4 years to address inequities 
        in the music-streaming industry;
Whereas major record companies, like Universal Music Group and Sony Music, who 
        license musical works to streaming music services simultaneously hold 
        significant shareholder stakes in the underlying streaming audio 
        service-providing companies, encouraging collusion at the expense of the 
        musicians and performing artists themselves; and
Whereas copyright collectives like SoundExchange, which administer statutory 
        licenses and collect and distribute royalties on behalf of featured and 
        non-featured artists, and owners of copyrights in music recordings, are 
        critical to the economic health of the music industry: Now, therefore, 
        be it
    Resolved by the House of Representatives (the Senate concurring), 
That is the sense of Congress that--
            (1) it is the duty of the Federal Government to establish a 
        new statutory royalty program--
                    (A) to provide musicians, whose recorded work is 
                listened to on streaming music services, like Spotify, 
                reasonable remuneration through a royalty payment 
                earned on a per-stream basis;
                    (B) to ensure streaming music services, which have 
                become the dominant method of music consumption, 
                compensate musicians at fair rates that are not 
                significantly lower than rates earned on traditional 
                physical record sales;
                    (C) to avoid falling behind in investing in 
                musicians within the United States compared to other 
                countries that have already proposed legislation to 
                address inequalities in the music industry; and
                    (D) to promote an environment wherein the musicians 
                within the United States feel respected; and
            (2) the statutory royalty program should be--
                    (A) administered by SoundExchange and the Copyright 
                Royalty Board, who will together calculate, collect, 
                retain, and distribute the royalty payments to all 
                eligible musicians whose recorded work is listened to 
                on streaming music services in accordance with the 
                standards and guidelines established by the scheme; and
                    (B) funded by mandatory pro rata contributions 
                collected by SoundExchange from eligible providers of 
                music-streaming service, as defined by the program, 
                with the option for SoundExchange to request additional 
                direct public funding as it deems to be necessary and 
                appropriate.
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