H.R.861 - American Music Fairness Act of 2025 (119th Congress)
Summary
H.R.861, the American Music Fairness Act of 2025, aims to amend Title 17 of the United States Code to ensure fair treatment for radio stations and artists regarding the use of sound recordings. The bill seeks to establish a performance right applicable to audio transmissions, including terrestrial broadcasts, and adjusts royalty distribution. It also provides special protections for small broadcasters by setting specific royalty fees based on revenue.
Expected Effects
The bill's passage would require terrestrial radio stations to pay royalties to artists and copyright holders for playing their music, similar to how digital music services currently operate. Small broadcasters would receive preferential royalty rates based on their revenue. The Copyright Royalty Judges would be responsible for determining rates and terms, taking into account the promotional value that radio airplay provides to artists.
Potential Benefits
- Establishes royalty payments for artists from terrestrial radio broadcasts, potentially increasing their income.
- Provides financial relief to small broadcasters through reduced royalty rates.
- Aims to create a more equitable system between digital music services and terrestrial radio.
- Could incentivize radio stations to support and promote emerging artists to enhance sales of phonorecords.
- Clarifies the treatment of audio transmissions under copyright law.
Most Benefited Areas:
Potential Disadvantages
- Could increase operating costs for radio stations, potentially leading to reduced programming or staff layoffs.
- May disproportionately affect smaller radio stations, even with the special protections.
- Could lead to disputes over royalty rates and distribution.
- May not fully address the complexities of the music industry's revenue streams.
- The value of promotion consideration may be difficult to quantify.
Constitutional Alignment
The bill's alignment with the Constitution is primarily based on the Copyright Clause (Article I, Section 8, Clause 8), which grants Congress the power to secure for limited times to authors and inventors the exclusive right to their respective writings and discoveries. This bill seeks to update copyright law to address modern methods of audio transmission, aligning with the intent of the Copyright Clause to promote the progress of science and useful arts.
However, the bill's potential impact on free speech (Amendment I) could be a point of contention if the royalty requirements are deemed to unduly burden radio stations' ability to broadcast content. The balance between protecting copyright holders and ensuring freedom of expression would need careful consideration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).