II 

117TH CONGRESS 

2D SESSION S. 4932 

To amend title 17, United States Code, to provide fair treatment of radio 

stations and artists for the use of sound recordings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2022 

Mr. PADILLA (for himself and Mrs. BLACKBURN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound 

recordings, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Music Fairness Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Equitable treatment for terrestrial broadcasts and internet services. 

Sec. 3. Timing of proceedings under sections 112(e) and 114(f). 

Sec. 4. Special protection for small broadcasters. 

Sec. 5. Distribution of certain royalties. 


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Sec. 6. No harmful effects on songwriters. 

Sec. 7. Value of promotion taken into account. 

1 SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL 

2 BROADCASTS AND INTERNET SERVICES. 

3 (a) PERFORMANCE RIGHT APPLICABLE TO AUDIO

4 TRANSMISSIONS GENERALLY.—Paragraph (6) of section 

5 106 of title 17, United States Code, is amended to read 

6 as follows: 

7 ‘‘(6) in the case of sound recordings, to perform 

8 the copyrighted work publicly by means of an audio 

9 transmission.’’. 

10 (b) INCLUSION OF TERRESTRIAL BROADCASTS IN

11 EXISTING PERFORMANCE RIGHT AND STATUTORY LI12 CENSE.—Section 114(d)(1) of title 17, United States 

13 Code, is amended— 

14 (1) in the matter preceding subparagraph (A), 

15 by striking ‘‘a digital’’ and inserting ‘‘an’’; 

16 (2) by striking subparagraph (A); 

17 (3) by redesignating subparagraphs (B) and 

18 (C) as subparagraphs (A) and (B), respectively; and 

19 (4) in subparagraph (A), as redesignated by 

20 paragraph (3), by striking ‘‘nonsubscription’’ and in21 serting ‘‘licensed nonsubscription’’. 

22 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) DEFINITION.—Section 101 of title 17, 

2 United States Code, is amended by inserting after 

3 the definition of ‘‘architectural work’’ the following: 

4 ‘‘An ‘audio transmission’ is a transmission of a sound 

5 recording, whether in a digital, analog, or other format. 

6 This term does not include the transmission of any audio7 visual work.’’. 

8 (2) CONFORMING REMOVAL OF DIGITAL.—Title 

9 17, United States Code, is amended— 

10 (A) in section 112(e)(8), by striking ‘‘a 

11 digital audio transmission’’ and inserting ‘‘an 

12 audio transmission’’; 

13 (B) in section 114— 

14 (i) in subsection (d)— 

15 (I) in paragraph (2)— 

16 (aa) in the matter preceding 

17 subparagraph (A), by striking 

18 ‘‘subscription digital’’ and insert19 ing ‘‘subscription’’; and 

20 (bb) in subparagraph 

21 (C)(viii), by striking ‘‘digital sig22 nal’’ and inserting ‘‘signal’’; and 

23 (II) in paragraph (4)— 

24 (aa) in subparagraph (A), 

25 by striking ‘‘a digital audio 


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1 transmission’’ and inserting ‘‘an 

2 audio transmission’’; and 

3 (bb) in subparagraph (B)(i), 

4 by striking ‘‘a digital audio 

5 transmission’’ and inserting ‘‘an 

6 audio transmission’’; 

7 (ii) in subsection (g)(2)(A), by strik8 ing ‘‘a digital’’ and inserting ‘‘an’’; and 

9 (iii) in subsection (j)— 

10 (I) in paragraph (6)— 

11 (aa) by striking ‘‘digital’’; 

12 and 

13 (bb) by striking ‘‘retrans14 missions of broadcast trans15 missions’’ and inserting ‘‘broad16 cast transmissions and retrans17 missions of broadcast trans18 missions’’; and 

19 (II) in paragraph (8), by striking 

20 ‘‘subscription digital’’ and inserting 

21 ‘‘subscription’’; and 

22 (C) in section 1401— 

23 (i) in subsection (b), by striking ‘‘a 

24 digital audio’’ and inserting ‘‘an audio’’; 

25 and 


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1 (ii) in subsection (d)— 

2 (I) in paragraph (1), by striking 

3 ‘‘a digital audio’’ and inserting ‘‘an 

4 audio’’; 

5 (II) in paragraph (2)(A), by 

6 striking ‘‘a digital audio’’ and insert7 ing ‘‘an audio’’; and 

8 (III) in paragraph (4)(A), by 

9 striking ‘‘a digital audio’’ and insert10 ing ‘‘an audio’’. 

11 SEC. 3. TIMING OF PROCEEDINGS UNDER SECTIONS 112(e) 

12 AND 114(f). 

13 Paragraph (3) of section 804(b) of title 17, United 

14 States Code, is amended by adding at the end the fol15 lowing new subparagraph: 

16 ‘‘(D) A proceeding under this chapter shall 

17 be commenced as soon as practicable after the 

18 date of the enactment of this subparagraph to 

19 determine royalty rates and terms for non20 subscription broadcast transmissions, to be ef21 fective for the period beginning on such date of 

22 enactment, and ending on December 31, 2028. 

23 Any payment due under section 114(f)(1)(D) 

24 shall not be due until the due date of the first 

25 royalty payments for nonsubscription broadcast 


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1 transmissions that are determined, after the 

2 date of the enactment of this subparagraph, by 

3 the Copyright Royalty Judges. Thereafter, such 

4 proceeding shall be repeated in each subsequent 

5 fifth calendar year.’’. 

6 SEC. 4. SPECIAL PROTECTION FOR SMALL BROADCASTERS. 

7 (a) SPECIFIED ROYALTY FEES.—Section 114(f)(1) 

8 of title 17, United States Code, is amended by inserting 

9 at the end the following new subparagraph: 

10 ‘‘(D)(i) Notwithstanding the provisions of sub11 paragraphs (A) through (C), the royalty rate shall 

12 be as follows for nonsubscription broadcast trans13 missions by each individual terrestrial broadcast sta14 tion licensed as such by the Federal Communica15 tions Commission that satisfies the conditions in 

16 clause (ii)— 

17 ‘‘(I) $10 per calendar year, in the case of 

18 nonsubscription broadcast transmissions by a 

19 broadcast station that generated revenue in the 

20 immediately preceding calendar year of less 

21 than $100,000; 

22 ‘‘(II) $100 per calendar year, in the case 

23 of nonsubscription broadcast transmissions by a 

24 broadcast station that is a public broadcasting 

25 entity as defined in section 118(f) and genVerDate Sep 11 2014 01:32 Oct 04, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4932.IS S4932

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1 erated revenue in the immediately preceding 

2 calendar year of $100,000 or more, but less 

3 than $1,500,000; and 

4 ‘‘(III) $500 per calendar year, in the case 

5 of nonsubscription broadcast transmissions by a 

6 broadcast station that is not a public broad7 casting entity as defined in section 118(f) and 

8 generated revenue in the immediately preceding 

9 calendar year of $100,000 or more, but less 

10 than $1,500,000. 

11 ‘‘(ii) An individual terrestrial broadcast station 

12 licensed as such by the Federal Communications 

13 Commission is eligible for a royalty rate set forth in 

14 clause (i) if— 

15 ‘‘(I) the revenue from the operation of that 

16 individual station was less than $1,500,000 

17 during the immediately preceding calendar year; 

18 ‘‘(II) the aggregate revenue of the owner 

19 and operator of the broadcast station and any 

20 person directly or indirectly controlling, con21 trolled by, or under common control with such 

22 owner or operator, from any source, was less 

23 than $10,000,000 during the immediately pre24 ceding calendar year; and 


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1 ‘‘(III) the owner or operator of the broad2 cast station provides to the nonprofit collective 

3 designated by the Copyright Royalty Judges to 

4 distribute receipts from the licensing of trans5 missions in accordance with subsection (f), by 

6 no later than January 31 of the relevant cal7 endar year, a written and signed certification of 

8 the station’s eligibility under this clause and the 

9 applicable subclause of clause (i), in accordance 

10 with requirements the Copyright Royalty 

11 Judges shall prescribe by regulation. 

12 ‘‘(iii) For purposes of clauses (i) and (ii)— 

13 ‘‘(I) revenue shall be calculated in accord14 ance with generally accepted accounting prin15 ciples; 

16 ‘‘(II) revenue generated by a terrestrial 

17 broadcast station shall include all revenue from 

18 the operation of the station, from any source; 

19 and 

20 ‘‘(III) in the case of affiliated broadcast 

21 stations, revenue shall be allocated reasonably 

22 to individual stations associated with the rev23 enue. 

24 ‘‘(iv) The royalty rates specified in clause (i) 

25 shall not be admissible as evidence or otherwise 


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1 taken into account in determining royalty rates in a 

2 proceeding under chapter 8, or in any other adminis3 trative, judicial, or other Federal Government pro4 ceeding involving the setting or adjustment of the 

5 royalties payable for the public performance or re6 production in ephemeral phonorecords or copies of 

7 sound recordings, the determination of terms or con8 ditions related thereto, or the establishment of notice 

9 or recordkeeping requirements.’’. 

10 (b) TECHNICAL CORRECTION.—Section 118(f) of 

11 title 17, United States Code, is amended by striking ‘‘sec12 tion 397 of title 47’’ and inserting ‘‘section 397 of the 

13 Communications Act of 1934 (47 U.S.C. 397)’’. 

14 SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. 

15 Section 114(g) of title 17, United States Code, is 

16 amended— 

17 (1) in paragraph (1), by inserting ‘‘or in the 

18 case of a transmission to which paragraph (5) ap19 plies’’ after ‘‘this section’’; 

20 (2) by redesignating paragraphs (5), (6), and 

21 (7) as paragraphs (6), (7), and (8), respectively; and 

22 (3) by inserting after paragraph (4) the fol23 lowing new paragraph: 

24 ‘‘(5) Notwithstanding paragraph (1), to the ex25 tent that a license granted by the copyright owner 


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1 of a sound recording to a transmitting entity eligible 

2 for a statutory license under subsection (d)(2) ex3 tends to such entity’s transmissions otherwise licens4 able under a statutory license in accordance with 

5 subsection (f), such entity shall pay to the collective 

6 designated to distribute statutory licensing receipts 

7 from the licensing of transmissions in accordance 

8 with subsection (f), 50 percent of the total royalties 

9 that such entity is required, pursuant to the applica10 ble license agreement, to pay for such transmissions 

11 otherwise licensable under a statutory license in ac12 cordance with subsection (f). That collective shall 

13 distribute such payments in proportion to the dis14 tributions provided in subparagraphs (B) through 

15 (D) of paragraph (2), and such payments shall be 

16 the only payments to which featured and nonfea17 tured artists are entitled by virtue of such trans18 missions under the direct license with such entity.’’. 

19 SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. 

20 Nothing in this Act, or the amendments made by this 

21 Act, shall adversely affect in any respect the public per22 formance rights of or royalties payable to songwriters or 

23 copyright owners of musical works. 


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1 SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT. 

2 Pursuant to section 114(f)(1)(B) of title 17, United 

3 States Code, in determining rates and terms for terrestrial 

4 broadcast radio stations under this Act, and the amend5 ments made by this Act, the Copyright Royalty Judges 

6 shall base their decision on economic, competitive, and 

7 programming information presented by the parties, includ8 ing whether use of the station’s service may substitute for 

9 or may promote the sales of phonorecords or otherwise 

10 may interfere with or may enhance the sound recording 

11 copyright owner’s other streams of revenue from the copy12 right owner’s sound recordings. 

Æ 


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