Rep. Johnson's Statement on the "Performance Rights Act"

Press Release

Rep. Johnson's Statement on the "Performance Rights Act"

The Performance Rights Act [H.R. 848], which would require radio stations to pay royalties to artists for playing their music, passed the Judiciary Committee on May 13. The bill would grant a performance rights in sound recordings performed over terrestrial broadcasts (i.e., traditional radio broadcasts, not satellite).

Some controversy and misunderstanding of bill has arisen over whether H.R. 848 would disproportionately affect small local and minority-owned radio stations.

To address this concern, a Managers Amendment - sponsored by several Judiciary Committee Members, including Rep. Hank Johnson [GA-04] and Chairman Rep. John Conyers (MI-14) ¬- was added to ensure protection for small, rural, nonprofit, minority, religious and educational broadcasters by providing that any station that makes less than $100,000 a year will pay only $500 annually for unlimited use of music.

There is also consideration of the current economic climate and no payment will be required from any station that makes less than $5 million annually for 3 years.

Non-commercial music radio stations - like public radio, college radio, and nonprofit religious radio stations - are also carved-out with flat, annual fees. Non-commercial stations that gross less than $100,000 per year pay a $500 annual fee, and non-commercial music stations that gross $100,000 or more pay a $1,000 annual fee.

"As a musician myself, I understand the importance of artists being fairly compensated for their work," said Johnson, who played drums in several jazz bands. "Every radio platform except over-the-air terrestrial radio compensates when their work is broadcast. Every other developed nation provides for a performance right. It's the right and fair thing to do.

"But many are rightly concerned about broadcasters, especially minority broadcasters, having to pay for what they use. We have an obligation to protect both the ability of minority broadcasters to conduct their business and, at the same time, to compensate the minority artists whose work they use.

"We have taken great steps to ensure that local and minority broadcasters are protected at the same time as deserving artists are compensated fairly."

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