Representative Johnson Refutes Negative Radio Campaign Over Performance Rights Act

Press Release

Rep. Johnson Refutes Negative Radio Campaign Over Performance Rights Act

To set the record straight on the Performance Rights Act [H.R. 848] Rep. Hank Johnson (GA-04) joined a town hall meeting in Detroit on June 2 hosted by Chairman of the House Judiciary Committee John Conyers and attended by music legends Dionne Warwick, Sam Moore and Duke Fakir among others.

The Performance Rights Act requiring radio stations to pay royalties to artists for playing their music, has been manipulated by some major corporate radio interests and has been the subject of misunderstanding, namely that the bill would disproportionately affect small, local and minority-owned radio stations.

"Don't believe the hype ladies and gentlemen," said Johnson, "It's crucial that we preserve, protect and enhance Black radio. Contrary to what you're being told over the airwaves, this bill would not destroy Black radio. It would help artists who for years have been denied their just compensation."

H.R. 848 tries to establish equity for recording artists - allowing artists to be paid fair compensation for their creativity, while at the same time mitigating the economic impact on broadcasters, particularly smaller, minority-owned broadcasters.

That's why Johnson - along with Conyers and others - amended the bill to address their concerns thus ensuring protection for small, rural, nonprofit, minority, religious and educational broadcasters. The amendment provides that any station making less than $100,000 a year will pay only $100 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 eligible for low annual fees.

The United States is among only a handful of nations - including China, North Korea and Iran - that do not pay royalties to performers whose music is played over the airwaves. American AM and FM stations do pay a fee to the writers of the songs, but not the performers. All other nations pay royalties to both the writer and performer. Because the U.S. does not pay them, other nations withhold royalty payments to American performers.

Cable, satellite and Internet companies in the United States already pay these royalties to artists - only AM and FM radio has an exemption that some experts call a monopoly.

Remarks by Congressman Johnson

"Just stop to think what the talent of the artist means to the delivery of a song. Dolly Parton wrote and performed, ‘I Will Always Love You' but even she will admit that it was the talent of Whitney Houston that pushed that song to the stratosphere! The radio stations that played it received the benefit of Ms. Houston's delivery for months and months on end. This bill is not an attack on broadcasters. The reality is that artists get paid for the use of their music on all other platforms, such as the Internet, satellite, and cable, but they do not get any compensation when their work is played over AM and FM radio stations.

When powerful radio executives who make millions of dollars in bonuses tell you that we are ‘taxing' or ‘killing' Black radio, stop and take a closer look. Look at my long record of service to everyday Georgians. Think independently.

I have long championed the rights of the under-represented. This isn't about Radio One or Congress, it's about fairness - fairness to the artist whose music is being played relentlessly for free by AM and FM radio stations. Before this bill, the artists were forgotten.

Ask yourselves this question. How is it that the NAACP, the A. Phillip Randolph Institute, the Leadership Conference on Civil Rights, many unions including the AFL-CIO and the Communication Workers of America among others-all organizations that have tirelessly championed civil rights and justice in this country-are all in support of this bill? I hope everyone will take a closer look, and don't believe everything you hear on the radio. Keep your mind open--get the facts!"

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