[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
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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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