I 

115TH CONGRESS 

1ST SESSION H. R. 1914 

To amend title 17, United States Code, to grant owners of copyright in 

sound recordings the exclusive right to prohibit the broadcast transmission of the sound recordings by means of terrestrial radio stations, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. ISSA (for himself and Mr. DEUTCH) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend title 17, United States Code, to grant owners 

of copyright in sound recordings the exclusive right to 

prohibit the broadcast transmission of the sound recordings by means of terrestrial radio stations, 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. 

4 This Act may be cited as the ‘‘Performance Royalty 

5 Owners of Music Opportunity To Earn Act of 2017’’ or 

6 the ‘‘PROMOTE Act of 2017’’. 


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1 SEC. 2. EXCLUSIVE RIGHT OF AN OWNER OF COPYRIGHT 

2 TO PROHIBIT THE BROADCAST TRANS3 MISSION OF A COPYRIGHTED SOUND RE4 CORDING BY A TERRESTRIAL RADIO STA5 TION. 

6 (a) IN GENERAL.—Section 106 of title 17, United 

7 States Code, is amended— 

8 (1) in paragraph (5), by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (2) in paragraph (6), by striking the period and 

11 inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(7) to prohibit performance of a sound recording 

15 publicly by means of a broadcast transmission (as that 

16 term is defined in section 114(k)) by a terrestrial radio 

17 station.’’. 

18 (b) LIMITATION ON EXCLUSIVE RIGHT TO PROHIBIT

19 THE BROADCAST TRANSMISSION OF A SOUND RECORDING

20 BY MEANS OF A TERRESTRIAL RADIO STATION.—Section 

21 114 of title 17, United States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘(3) and (6)’’ 

23 and inserting ‘‘(3), (6), and (7)’’; 

24 (2) by redesignating subsection (j) as sub25 section (k); and 


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1 (3) by inserting after subsection (i) the fol2 lowing new subsection: 

3 ‘‘(j) LIMITATION ON EXCLUSIVE RIGHT TO PRO4 HIBIT THE BROADCAST TRANSMISSION OF A SOUND RE5 CORDING BY A TERRESTRIAL RADIO STATION.— 

6 ‘‘(1) IN GENERAL.—An owner of copyright in a 

7 sound recording may not exercise the exclusive right 

8 under paragraph (7) of section 106 to prohibit the 

9 broadcast transmission of the sound recording by a 

10 terrestrial radio station with regard to— 

11 ‘‘(A) a terrestrial radio station that pays 

12 the applicable royalties under terms described 

13 in paragraph (2); 

14 ‘‘(B) a broadcast transmission of a sound 

15 recording of religious services; 

16 ‘‘(C) a broadcast transmission by an edu17 cational terrestrial radio station; 

18 ‘‘(D) a broadcast transmission by a terres19 trial radio station conforming to rules estab20 lished for low-power FM radio stations in sub21 part G of part 73 of title 47, Code of Federal 

22 Regulations; or 

23 ‘‘(E) an incidental use. 

24 ‘‘(2) ROYALTIES AND TERMS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the royalties and terms described in 

3 this paragraph shall be identical to those re4 garding a license for eligible nonsubscription 

5 transmission services for audio transmissions 

6 under subsection (f)(2). 

7 ‘‘(B) ROYALTY DISTRIBUTIONS.—To the 

8 extent that any compensation is provided to an 

9 owner of copyright in a sound recording for the 

10 broadcast transmission by a terrestrial radio 

11 station of the sound recording, 50 percent of 

12 such compensation shall be paid to the agent 

13 designated to distribute receipts under sub14 section (f). The agent shall distribute such pay15 ments in accordance with subparagraphs (B) 

16 through (D) of subsection (g)(2), and such pay17 ments shall be the only payments to which fea18 tured and nonfeatured artists are entitled by 

19 virtue of such compensation for such broadcast 

20 transmission.’’. 

Æ 


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