Business

Congress Considers Ending Royalty Exemption For Radio

Daily Caller News Foundation logo
Peter Fricke Contributor
Font Size:

A bipartisan bill introduced April 13 in the House would end royalty exemptions for AM/FM radio stations, which, unlike digital and satellite radio, pay no royalties for the music they broadcast.

In a letter sent to House members Monday, Thomas Schatz, the president of Citizens Against Government Waste (CAGW), urged lawmakers to support two bills that would end special privileges for radio stations. He said the votes would be considered in the group’s annual congressional scorecard.

“Currently, creators are compensated differently based on the source of the music when it is played over the airwaves,” Schatz writes.

Whereas digital radio services pay royalties at rates established by the market, he explains, satellite radio stations pay artificially low royalties determined by a government agency, while AM/FM radio stations pay no royalties at all “due to the anachronistic notion that playing music on AM/FM radio stations was equivalent to paying creators.” (RELATED: Conservative Groups Oppose ‘Bailout’ for Internet Radio)

The Fair Play Fair Pay Act, introduced in April by Democratic Rep. Jerrold Nadler and Republican Rep. Marsha Blackburn, would eliminate those distinctions, requiring anyone who transmits copyrighted content to pay market-dictated licensing fees to the content owner.

“For decades, AM/FM radio has used whatever music it wants without paying a cent to the musicians, vocalists, and labels that created it,” Nadler said in the press release. “Satellite radio has paid below market royalties for the music it uses, growing into a multibillion dollar business on the back of an illogical ‘grandfathered’ royalty standard that is now almost two decades old,” he noted.

“Many music creators struggle to make ends meet even when they write a hit song because of a quirk in the copyright law,” Blackburn added, claiming that, “The Fair Play Fair Pay Act will ensure that the intellectual property of artists can no longer be exploited by Big Radio without compensation.” (RELATED: Royalty Reform Must Put Equity for Musicians and Songwriters First)

To protect smaller stations that might not be able to afford the royalty fees, the bill caps royalties at $500 per year for stations with less than $1 million in annual revenues, and maintains royalty exemptions for “religious and incidental uses” of copyrighted content.

The other bill CAGW is supporting was also introduced by Blackburn, this time in conjunction with Democratic Rep. Anna Eshoo. According to a press release announcing the legislation, the Protecting the Rights of Musicians Act would require broadcasters who own both radio and TV stations to pay royalties on the radio content they transmit, just as cable and satellite stations already must pay licensing fees in order to retransmit content from local broadcasters.

To enforce the directive, the bill would prohibit any broadcaster that fails to compensate content owners for radio programming from charging retransmission fees for television content they own. (RELATED: Government Should Extricate Itself From the Music Business)

“Broadcasters receive billions of dollars annually when their local broadcast television programming is aired by cable and satellite operators, yet when it comes to the music played on their AM/FM radio stations, they refuse to compensate the creator of the music,” Eshoo said in the press release. “This double standard is patently unfair.”

Predictably, the radio industry is opposed to both bills, saying they would have a harmful economic impact, according to The Los Angeles Times.

“It is disappointing that [the Fair Play Fair Pay Act] retreads years-old policy positions rather than advancing the copyright dialogue through policies that help grow the entire music ecosystem,” Dennis Wharton, executive vice president of communications for the National Association of Broadcasters, said in a statement.

“The fees proposed by Rep. Nadler would kill jobs, hurt artist promotion, and devastate local economies across America,” he added.

Wharton also issued a statement in response to the introduction of the Protecting the Rights of Musicians Act, claiming, “This bill devalues the indispensable role that hometown broadcasters play in communities across America.”

Follow Peter Fricke on Twitter

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel