Public Performance Right

On May 7, 2014, Representatives Marsha Blackburn (R-TN) and Anna Eshoo (D-CA) introduced H.R. 4588, the Protecting the Rights of Musicians Act [PDF], which aims to get performers and labels paid when their music is played on AM/FM radio.

This proposed legislation is interesting for a couple of reasons. First, it demonstrates the growing bipartisan consensus that performing artists deserve compensation when their music is used in over-the-air broadcasts. Second, it shows how members of Congress who have disagreed on many issues—including the Stop Online Piracy Act (SOPA)—can come together to do the right thing by creators.

Last Thursday, the House Judiciary Subcommittee on Courts, Intellectual Propery, and the Internet held a hearing titled “Innovation in America: The Role of Copyrights.” This was the latest in a series of convenings at the subcommittee since US Register of Copyrights Maria Pallante called for a comprehensive review of copyright law in March 2013.

Is Radio Moving Closer to a Performance Right?

Well, maybe. And under some very specific conditions.

Given how opposed the National Association of Broadcasters (NAB) has been to the concept of paying performing artists and sound copyright owners for the over-the-air broadcast of their work, we think this is pretty significant. Of course “significant” doesn’t mean inevitable. Let’s review the facts. read more

Erin McKeown on the Public Performance Right

Intro by Michael Bracy, Policy Director, Future of Music Coalition

Those who have followed FMC’s work over the past decade know that we’ve been strong supporters of establishing a public performance right for terrestrial radio. Why? Because compensating performing artists directly for the use of their work is simply the right thing to do. (Check out our Public Performance Right fact sheet to learn more.) read more

The 29 Streams

Here at FMC, we tend to think a lot about changing business models for musicians. Certainly, many artists are still making the majority of their money from selling CDs, merch or playing gigs. Yet we’ve come to realize that musicians’ access to potential revenue — especially in today’s digital landscape — expands far beyond that.

Recently, FMC started ponder all this in a more organized fashion: just how many different ways are there for musicians to earn money? We’ve come up with 29 so far, which we list below.

read more

Pay for Play: performers want radio stations to compensate them for airing their music

By Jonathan Takiff

Philadelphia Daily News

August 25, 2009

On one side, we have an entrenched and powerful industry, ominously suggesting that this new legislation will eliminate services, wreak hardship on the land, maybe even put folks out of business. On the other side, we find advocates for change arguing for a measure they view as lifesaving. And they’re damning the old guard for using scare tactics, brute muscle and misuse of the public trust to unfairly defend the status quo. . .

…The [Public Performance Right] bills under consideration in the House and Senate stipulate that the estimated 75 percent of U.S. stations that gross less than $1.25 million annually would pay “no more than $5,000 in performance royalties, and in many cases it would be a lot less than that,” says Casey Rae-Hunter, another advocate who works with the Future of Music Coalition. read more

Senate Hearing on Public Performance Right: Tuesday, August 4

On Tuesday, August 4, the Senate Judiciary Committee will hold a hearing called "The Performance Rights Act and Parity Among Music Delivery Platforms." read more

Is Radio Boycotting Artists for Their Opinions?

Earlier this week, Billboard reported that MusicFIRST — a coalition of music industry and musician union groups pushing for a public performance right for terrestrial radio — has "asked the FCC to investigate whether radio stations have violated their public interest obligation by allegedly boycotting artists who support a performance royalty for terrestrial radio." read more

Performance Right Insights

If you're new to the whole concept of who gets paid when you hear a tune on terrestrial radio, here's the situation in a nutshell: read more

Public Performance Right Hearing on the Hill

Yesterday (March 10, 2009), the House Judiciary Committee held a hearing on the Public Performance Right for Sound Recordings, which featured testimony from folks on all sides of the issue, including one bona fide rock star (no, President Obama didn't stop by).

Billy Corgan of Smashing Pumpkins joined Mitch Bainwol (Chairman and CEO, RIAA), Paul Almeida (President, Department for Professional Employees, AFL-CIO), W. Lawrence Patrick (President, Patrick Communications), Stan Liebowitz, Ph.D. (Ashbel Smith Distinguished Professor of Managerial Economics, University of Texas at Dallas) and Steve Newbury (Chairman of the Radio Board, National Association of Broadcasters) to present their views on the Public Performance Right. read more

New Bill to Pay Artists for AM/FM Play

Copyright Hearing Recap: Indies Step Forward and Radio Royalties Take Center Stage

Is Radio Moving Closer to a Performance Right?

Erin McKeown on the Public Performance Right

The 29 Streams

Pay for Play: performers want radio stations to compensate them for airing their music

Senate Hearing on Public Performance Right: Tuesday, August 4

Is Radio Boycotting Artists for Their Opinions?

Performance Right Insights

Public Performance Right Hearing on the Hill

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