I 

118TH CONGRESS 

1ST SESSION H. R. 791 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. ISSA (for himself, Mr. NADLER, Mr. LIEU, and Mr. MCCLINTOCK) introduced the following bill; which was 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 of 2023’’. 

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. 


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Sec. 5. Distribution of certain royalties. 

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 (A) and (B), respectively; and 

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

20 paragraph (3), by striking ‘‘nonsubscription’’ each 

21 place such term appears and inserting ‘‘licensed non22 subscription’’. 

23 (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 

11 subparagraphs (A) through (C), the royalty 

12 rate shall be as follows for nonsubscription 

13 broadcast transmissions by each individual ter14 restrial broadcast station licensed as such by 

15 the Federal Communications Commission that 

16 satisfies the conditions in clause (ii)— 

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

18 case of nonsubscription broadcast trans19 missions by a broadcast station that gen20 erated revenue in the immediately pre21 ceding calendar year of less than 

22 $100,000; 

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

24 case of nonsubscription broadcast trans25 missions by a broadcast station that is a 


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1 public broadcasting entity as defined in 

2 section 118(f) and generated revenue in 

3 the immediately preceding calendar year of 

4 $100,000 or more, but less than 

5 $1,500,000; and 

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

7 case of nonsubscription broadcast trans8 missions by a broadcast station that is not 

9 a public broadcasting entity as defined in 

10 section 118(f) and generated revenue in 

11 the immediately preceding calendar year of 

12 $100,000 or more, but less than 

13 $1,500,000. 

14 ‘‘(ii) An individual terrestrial broadcast 

15 station licensed as such by the Federal Commu16 nications Commission is eligible for a royalty 

17 rate set forth in clause (i) if— 

18 ‘‘(I) the revenue from the operation of 

19 that individual station was less than 

20 $1,500,000 during the immediately pre21 ceding calendar year; 

22 ‘‘(II) the aggregate revenue of the 

23 owner and operator of the broadcast sta24 tion and any person directly or indirectly 

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1 mon control with such owner or operator, 

2 from any source, was less than 

3 $10,000,000 during the immediately pre4 ceding calendar year; and 

5 ‘‘(III) the owner or operator of the 

6 broadcast station provides to the nonprofit 

7 collective designated by the Copyright Roy8 alty Judges to distribute receipts from the 

9 licensing of transmissions in accordance 

10 with subsection (f), by no later than Janu11 ary 31 of the relevant calendar year, a 

12 written and signed certification of the sta13 tion’s eligibility under this clause and the 

14 applicable subclause of clause (i), in ac15 cordance with requirements the Copyright 

16 Royalty Judges shall prescribe by regula17 tion. 

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

19 ‘‘(I) revenue shall be calculated in ac20 cordance with generally accepted account21 ing principles; 

22 ‘‘(II) revenue generated by a terres23 trial broadcast station shall include all rev24 enue from the operation of the station, 

25 from any source; and 


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1 ‘‘(III) in the case of affiliated broad2 cast stations, revenue shall be allocated 

3 reasonably to individual stations associated 

4 with the revenue. 

5 ‘‘(iv) The royalty rates specified in clause 

6 (i) shall not be admissible as evidence or other7 wise taken into account in determining royalty 

8 rates in a proceeding under chapter 8, or in any 

9 other administrative, judicial, or other Federal 

10 Government proceeding involving the setting or 

11 adjustment of the royalties payable for the pub12 lic performance or reproduction in ephemeral 

13 phonorecords or copies of sound recordings, the 

14 determination of terms or conditions related 

15 thereto, or the establishment of notice or rec16 ordkeeping requirements.’’. 

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

18 title 17, United States Code, is amended by striking ‘‘sec19 tion 397 of title 47’’ and inserting ‘‘section 397 of the 

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

21 SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. 

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

23 amended— 


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

2 case of a transmission to which paragraph (5) ap3 plies’’ after ‘‘this section’’; 

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

5 (7) as (6), (7), and (8), respectively; and 

6 (3) by inserting after paragraph (4) the fol7 lowing new paragraph: 

8 ‘‘(5) Notwithstanding paragraph (1), to the ex9 tent that a license granted by the copyright owner 

10 of a sound recording to a transmitting entity eligible 

11 for a statutory license under subsection (d)(2) ex12 tends to such entity’s transmissions otherwise licens13 able under a statutory license in accordance with 

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

15 designated to distribute statutory licensing receipts 

16 from the licensing of transmissions in accordance 

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

18 that such entity is required, pursuant to the applica19 ble license agreement, to pay for such transmissions 

20 otherwise licensable under a statutory license in ac21 cordance with subsection (f). That collective shall 

22 distribute such payments in proportion to the dis23 tributions provided in subparagraphs (B) through 

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

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1 tured artists are entitled by virtue of such trans2 missions under the direct license with such entity.’’. 

3 SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. 

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

5 Act, shall adversely affect in any respect the public per6 formance rights of or royalties payable to songwriters or 

7 copyright owners of musical works. 

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

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

10 States Code, in determining rates and terms for terrestrial 

11 broadcast radio stations under this Act, and the amend12 ments made by this Act, the Copyright Royalty Judges 

13 shall base their decision on economic, competitive, and 

14 programming information presented by the parties, includ15 ing whether use of the station’s service may substitute for 

16 or may promote the sales of phonorecords or otherwise 

17 may interfere with or may enhance the sound recording 

18 copyright owner’s other streams of revenue from the copy19 right owner’s sound recordings. 

Æ 


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