[Congressional Record Volume 155, Number 22 (Wednesday, February 4, 2009)]
[Extensions of Remarks]
[Pages E202-E203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF THE PERFORMANCE RIGHTS ACT OF 2009

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                      Wednesday, February 4, 2009

  Mr. CONYERS. Madam Speaker, today I join my colleagues in both the 
House and the Senate in introducing the Performance Rights Act of 2009, 
legislation that takes a first step at ensuring that all radio 
platforms are treated in a similar manner and that those who perform 
music are paid for their work. I am joined by Representatives Issa, 
Berman, Blackburn, Peterson (MN), Hodes, Weiner, Wasserman Schultz, 
Cohen, Nadler, Sherman, Wexler, Johnson (GA), Schiff, Shadegg, Jackson-
Lee, Linda Sanchez, Harman and Waxman.
  This narrowly tailored bill amends a glaring inequity in America's 
copyright law--the provision in Section 114 that exempts over-the-air 
broadcasters from paying those who perform the music that we listen to 
on AM and FM radio. The purpose of the bill is to take a necessary step 
towards platform parity so that any service that plays music pays those 
who create and own the recordings--just as satellite, cable and 
internet radio stations currently do.
  Fairness mandates that all those in the creative chain--from the 
artist, musicians and others who bring the recording to life--get 
compensated for the way they enrich our lives. The U.S. is the only 
developed country in the world that does not require privately owned 
over-the-air radio stations to compensate the performers who create the 
music that broadcasters use to attract the audiences that generate 
their ad revenues. Because of music, radio is able to profit, and so 
refusing to compensate those who create the music is unfair and 
ultimately harmful to everyone--including the broadcasters. 
Furthermore, the law requires all other platforms in the U.S. 
(including satellite and Internet radio) to compensate the copyright 
owner, so broadcast radio should not receive a free pass.

[[Page E203]]

  This legislation's narrow scope addresses some of the concerns that 
have been raised about the bill. First, it repeals the current 
broadcaster exemption--but it does NOT apply to bars, restaurants and 
other venues, and it does not expand copyright protection in any other 
way. Second, it provides an accommodation of protection for small and 
non-commercial broadcasters by setting a low flat annual fee with no 
negotiation, litigation or arbitration expenses. As a result, nearly 77 
percent of existing broadcasting stations in this country--including 
college stations and public broadcasters--will pay only a nominal flat 
fee, rather than having to pay a percentage of their revenues as 
royalties. Third, the bill does NOT harm or adversely affect the 
revenues rightfully paid to songwriters and other existing copyright 
owners. It simply extends copyright protection to artists, musicians 
and the sound recording labels.
  This bill is a starting point, not a final product, and I plan to 
continue to work with interested parties to ensure that the bill is 
fair to everyone. I promise to continue working on issues affecting the 
songwriters, public radio, webcasters, and others who will be critical 
to the process of moving this bill forward. And as always, I hope the 
broadcasters will decide to engage on this issue so that we can end up 
with a mutually agreeable final product.
  I hope that with introduction of a companion bill in the Senate, 
Congress will act quickly to level the playing field between 
technologies and ensure rightful compensation to performers.

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