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Rep. Nadler Re-Introduces Fair Play Fair Pay Act


Jerrold Nadler
Jerrold Nadler

Rep. Jerrold Nadler (D-NY) (pictured), a Ranking Member of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet along with other congressional members has re-introduced the Fair Play Fair Pay Act, a bill to create "a modern and uniform system of rules governing music licensing for digital and terrestrial radio broadcasts." Currently broadcast radio is exempt from airplay royalties.

The bill's other sponsors include Rep. Marsha Blackburn (R-TN), Chair of the Energy and Commerce Subcommittee on Communications and Technology, along with Judiciary Committee Ranking Member John Conyers, Jr. (D-MI), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, Congressman Darrell Issa (R-CA), Judiciary Committee Member Congressman Ted Deutch (D-FL), and Congressman Tom Rooney (R-FL).

"Our current music licensing laws are antiquated and unfair, which is why we need a system that ensures all radio services play by the same rules and all artists are fairly compensated," said Representatives Nadler, Blackburn, Conyers, Issa, Deutch and Rooney. "Our laws should reward innovation, spur economic diversity and uphold the constitutional rights of creators. That is what the Fair Play Fair Pay Act sets out to accomplish: fixing a system that for too long has disadvantaged music creators and pitted technologies against each other by allowing certain services to get away with paying little or nothing to artists."

In a statement opposing the legislation, NAB President and CEO Gordon Smith said, "NAB respectfully opposes the legislation reintroduced by Rep. Nadler that would impose a job-killing performance royalty on America's hometown radio stations. NAB remains committed to working with Congress on balanced music licensing proposals that help grow the entire music ecosystem, promote innovation, and recognize the benefit of our free locally-focused platform to both artists and listeners. We're thankful to 165 House Members and 21 Senators who back the Local Radio Freedom Act that acknowledges broadcast radio's indispensable role in breaking new artists and promoting record sales."

If enacted, the Fair Play Fair Pay Act would create a terrestrial performance right so that AM/FM radio would pay airplay royalties along with its Internet and satellite competitors. Terrestrial royalties would be capped for stations with less than $1 million in annual revenue at $500 per year (and at $100 a year for non-commercial stations), while protecting religious and incidental uses of music from having to pay any royalties at all. It would also force royalties for pre-1972 recordings.

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