American Music Fairness Act
Sponsored By: Senator Blackburn, Marsha [R-TN]
Introduced
Summary
Extends the exclusive public performance right for sound recordings to terrestrial radio and all audio transmissions. This bill would require nonsubscription broadcast transmissions to obtain a license and pay royalties when they play copyright-protected sound recordings, aligning terrestrial radio with the existing statutory royalty system for internet services.
Show full summary
- Artists and performers would gain a clear right to be paid when sound recordings are transmitted by terrestrial radio or other audio streams. The bill preserves existing royalties for songwriters and owners of musical works.
- Individual FCC-licensed small stations could qualify for flat annual fees instead of per-play rates, with fees ranging from $10 to $500 per station depending on revenue and station type and subject to owner revenue caps and certifications.
- The Copyright Royalty Board would set rates on a schedule with an initial rate-setting period running through December 31, 2028 and then every five years. The bill also requires a new 50% allocation of certain statutory-license receipts to a nonprofit collective that distributes payments to featured and nonfeatured artists.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Fixed low fees for small stations
If enacted, eligible small terrestrial stations would pay fixed yearly royalties. If a station had under $100,000 revenue last year, it would pay $10 per year. If a station had $100,000 to $1,499,999 last year, public stations would pay $100 per year and nonpublic stations $500 per year. If enacted, the station owner and affiliates must have under $10,000,000 aggregate revenue last year and send a signed eligibility certification to the nonprofit collective by January 31 each year. If enacted, those statutory rates could not be used as evidence in later rate-setting proceedings.
Broadcasters and services pay royalties
If enacted, the bill would create a public performance right when sound recordings are sent by "audio transmission." If enacted, "audio transmission" would cover digital, analog, and other audio formats but not video. If enacted, the bill would require a rate-setting proceeding to start soon after enactment, make the new rates effective from the date of enactment through December 31, 2028, and require the Copyright Royalty Judges to repeat the proceeding every five years. If enacted, the bill would require judges to consider whether broadcast use substitutes for or promotes record sales and to use economic and programming evidence when setting radio rates. If enacted, the bill would require that, when a direct license covers transmissions that would otherwise be covered by the statutory license, 50 percent of the royalties for those transmissions be paid to the designated nonprofit collective and that those payments be distributed under specified shares.
Songwriters' performance rights protected
If enacted, nothing in the bill would reduce songwriters' public-performance rights or royalties. If enacted, the bill would preserve existing performance entitlements for writers and musical-work copyright owners against any contrary effect of the other amendments.
Sponsors & CoSponsors
Sponsor
Blackburn, Marsha [R-TN]
TN • R
Cosponsors
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 1/30/2025
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 1/30/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 1/30/2025
Bill Hagerty
TN • R
Sponsored 7/15/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 7/15/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov