Support Public Performance Rights
Tell Your Legislators to Support the Performance Rights Act
Join with AFTRA recording artists, singers, broadcasters, and performers in supporting legislation to assure that recording artists receive compensation when their performances are played on over-the-air radio.
It's the Performance Rights Act -- S. 2500 and H.R. 4789 -- and it will grant a long-overdue performance right to performers when their music is played on the radio.
The AFTRA Broadcasters' Caucus supports this legislation: "Recording artists, singers, and musicians deserve to be fairly compensated when the sound recordings they create are broadcast over the air on terrestrial radio."
It's time that recording artists and singers are recognized and compensated for the hard work and for the contribution to making this country's music industry -- and broadcasting industry -- the strongest in the world.
Send a message today to your Senators and Representative asking for their support of The Performance Rights Act!
| Sample Letter for Campaign |
Subject: Support the Performance Rights Act
Dear [ Decision Maker ] ,
I am writing to ask for your support on "The Performance Rights Act" -- S. 2500 and H.R. 4789. It's legislation that grants a long-overdue performance right to performers when their music is played on the radio. Radio broadcasters in this country have built a multi-billion dollar industry by attracting their audience -- and, in turn, paying advertisers -- through the lure of music without paying one cent to the artists, musicians, and recording owners who created it. While songwriters are justly compensated when their compositions are played over the air, the law denies the same right to those who bring the songs to life.
The Performance Rights Act will finally correct this blatant inequity.
Broadcast radio's complete exemption from paying artists, musicians, and recording owners is particularly egregious given the fact that every other radio platform -- including satellite, Internet, and cable -- does pay. In addition, broadcasters in every other developed country pay performers and recording owners when they play their music on the air. The U.S. stands among nations such as China, North Korea, and Iran in not compensating those who bring the music to life. And, because of our policy, foreign countries do not pay U.S. performers and recording owners when they play their music. Considering American music constitutes 30-50% of music worldwide, millions of dollars are being lost due to our country's arbitrary broadcaster exemption.
I hope you will support The Performance Rights Act to bring our law up to par with all the other developed nations. It is finally time to recognize and appropriately compensate those who make our country's music -- and broadcasting -- industry the most vibrant in the world. Thank you -- and if you have already agreed to be a co-sponsor on the bill, thank you for your support.
Sincerely,
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Campaign Launched:
December 20, 2007
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AFTRA Members Support Bipartisan 'Performance Rights Act'
WASHINGTON (December 18, 2007) -- The American Federation of Television and Radio Artists today praised Senators Patrick Leahy (D-VT) and Orrin Hatch (R-UT) and Representatives Howard Berman (D-CA) and Darrell Issa (R-CA) for jointly introducing legislation that would ensure AM and FM radio fairly compensate artists when their performances are broadcast over the air. This announcement follows recent testimony from AFTRA members Lyle Lovett and singer songwriter Alice Peacock at a Senate Judiciary Hearing on the issue in November.
"Recording artists fuel the business that sustains radio in the U.S.," said Kim Roberts Hedgpeth, AFTRA National Executive Director. "Advanced nations recognize artists' value to terrestrial radio. The U.S. has recognized artists' value to satellite and webcast radio. It is time for this last isolated area of inequity--terrestrial radio in the U.S.--to be fixed by establishing the right of recording artists to receive fair compensation for the value they bring to the American airwaves."
"AFTRA members thank Senators Leahy and Hatch and Representatives Berman and Issa, along with the other co-sponsors, for introducing the Performance Rights Act," Hedgpeth said.
For decades AM and FM broadcasters have enjoyed an exemption from current copyright law which requires satellite radio, cable radio channels, and Internet webcasts to pay a royalty for the use of music. The proposed legislation would correct a loophole in the copyright law by removing the broadcaster exemption to assure that all platforms are treated equally and pay a performance royalty to artists.
Highlights from the proposed legislation (S. 2500 and H.R. 4789):
- Over-the-air broadcast stations would be able to use a statutory license and make one payment annually under a government-set rate for all the music they play, instead of having to negotiate with every copyright owner for each use of music.
- The proposed legislation accommodates small broadcasters and others to assure balance and fairness to broadcasters and artists. More than 75 percent of all commercial radio stations and more than 80 percent of all religious stations would be covered through the planned accommodation.
- Small commercial stations would pay only $5,000 per year;
- Noncommercial stations such as NPR and college radio stations would pay only $1,000 per year;
- Stations that make only incidental uses of music, such as "talk radio" stations, would not pay for that music; and
- Religious services that are broadcast on radio would be completely exempt.
- Proposed amendments to existing law would make clear that a new right for recording artists and owners cannot adversely affect the rights of, or royalties payable to, songwriters or musical work copyright owners.
Other AFTRA members who have spoken out about a performance right on radio include Judy Collins, Sam Moore, Martha Reeves of Martha and the Vandellas, and Mary Wilson, founding member of the Supremes. Moore and Collins testified before the members of the House Judiciary Subcommittee on Courts, the Internet, and Intellectual Property.
Creation of a fair performance right would compensate the performers, background singers, studio musicians and copyright holders for their talent and hard work when their songs are broadcast on AM and FM radio.
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