I 

110TH CONGRESS 

1ST SESSION H. R. 4789 

To provide parity in radio performance rights under title 17, United States 

Code, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2007 

Mr. BERMAN (for himself, Mr. ISSA, Mr. CONYERS, Mr. SHADEGG, Ms. HARMAN, and Mrs. BLACKBURN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide parity in radio performance rights under title 

17, United States Code, 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 Rights 

5 Act’’. 

6 SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL 

7 BROADCASTS. 

8 (a) PERFORMANCE RIGHT APPLICABLE TO RADIO

9 TRANSMISSIONS GENERALLY.—Section 106(6) of title 17, 

10 United States Code, is amended to read as follows: 


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

2 the copyrighted work publicly by means of an audio 

3 transmission.’’. 

4 (b) INCLUSION OF TERRESTRIAL BROADCASTS IN

5 EXISTING PERFORMANCE RIGHT.—Section 114(d)(1) of 

6 title 17, United States Code, is amended— 

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

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

9 (2) by striking subparagraph (A). 

10 (c) INCLUSION OF TERRESTRIAL BROADCASTS IN

11 EXISTING STATUTORY LICENSE SYSTEM.—Section 

12 114(j)(6) of title 17, United States Code, is amended by 

13 striking ‘‘digital’’. 

14 SEC. 3. SPECIAL TREATMENT FOR SMALL, NONCOMMER15 CIAL, EDUCATIONAL, AND RELIGIOUS STA16 TIONS AND CERTAIN USES. 

17 (a) SMALL, NONCOMMERCIAL, EDUCATIONAL, AND

18 RELIGIOUS RADIO STATIONS.— 

19 (1) IN GENERAL.—Section 114(f)(2) of title 17, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘(D) Notwithstanding the provisions of sub23 paragraphs (A) through (C), each individual terres24 trial broadcast station that has gross revenues in 

25 any calendar year of less than $1,250,000 may elect 


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1 to pay for its over-the-air nonsubscription broadcast 

2 transmissions a royalty fee of $5,000 per year, in 

3 lieu of the amount such station would otherwise be 

4 required to pay under this paragraph. Such royalty 

5 fee shall not be taken into account in determining 

6 royalty rates in a proceeding under chapter 8, or in 

7 any other administrative, judicial, or other Federal 

8 Government proceeding. 

9 ‘‘(E) Notwithstanding the provisions of sub10 paragraphs (A) through (C), each individual terres11 trial broadcast station that is a public broadcasting 

12 entity as defined in section 118(f) may elect to pay 

13 for its over-the-air nonsubscription broadcast trans14 missions a royalty fee of $1,000 per year, in lieu of 

15 the amount such station would otherwise be required 

16 to pay under this paragraph. Such royalty fee shall 

17 not be taken into account in determining royalty 

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

19 other administrative, judicial, or other Federal Gov20 ernment proceeding.’’. 

21 (2) PAYMENT DATE.—A payment under sub22 paragraph (D) or (E) of section 114(f)(2) of title 

23 17, United States Code, as added by paragraph (1), 

24 shall not be due until the due date of the first roy25 alty payments for nonsubscription broadcast transVerDate Aug 31 2005 22:09 Dec 19, 2007 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4789.IH H4789

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1 missions that are determined, after the date of the 

2 enactment of this Act, under such section 114(f)(2) 

3 by reason of the amendment made by section 2(b)(2) 

4 of this Act. 

5 (b) TRANSMISSION OF RELIGIOUS SERVICES; INCI6 DENTAL USES OF MUSIC.—Section 114(d)(1) of title 17, 

7 United States Code, as amended by section 2(b), is further 

8 amended by inserting the following before subparagraph 

9 (B): 

10 ‘‘(A) an eligible nonsubscription trans11 mission of— 

12 ‘‘(i) services at a place of worship or 

13 other religious assembly; and 

14 ‘‘(ii) an incidental use of a musical 

15 sound recording;’’. 

16 SEC. 4. AVAILABILITY OF PER PROGRAM LICENSE. 

17 Section 114(f)(2)(B) of title 17, United States Code, 

18 is amended by inserting after the second sentence the fol19 lowing new sentence: ‘‘Such rates and terms shall include 

20 a per program license option for terrestrial broadcast sta21 tions that make limited feature uses of sound recordings.’’ 

22 SEC. 5. NO HARMFUL EFFECTS ON SONGWRITERS. 

23 (a) PRESERVATION OF ROYALTIES ON UNDERLYING

24 WORKS.—Section 114(i) of title 17, United States Code, 

25 is amended in the second sentence by striking ‘‘It is the 


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1 intent of Congress that royalties’’ and inserting ‘‘Royal2 ties’’. 

3 (b) PUBLIC PERFORMANCE RIGHTS AND ROYAL4 TIES.—Nothing in this Act shall adversely affect in any 

5 respect the public performance rights of or royalties pay6 able to songwriters or copyright owners of musical works. 

Æ 


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