IB 
Union Calendar No. 509 
117TH CONGRESS 
2D SESSION 
H. R. 4130 
[Report No. 117–693] 
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 
JUNE 24, 2021 
Mr. DEUTCH (for himself, Mr. ISSA, Mr. NADLER, Mr. MCCLINTOCK, Ms. 
BASS, Mrs. HARSHBARGER, and Ms. CHU) introduced the following bill; 
which was referred to the Committee on the Judiciary 
DECEMBER 30, 2022 
Additional sponsors: Mr. SUOZZI, Mr. SHERMAN, Mr. SCHIFF, Mr. COOPER, 
Mr. HIGGINS of New York, Mr. THOMPSON of Mississippi, Mr. MCCAUL, 
Mr. LIEU, Ms. WASSERMAN SCHULTZ, Mr. GREEN of Tennessee, Mr. 
RASKIN, Mr. HUFFMAN, Ms. JAYAPAL, Mr. COHEN, Mr. CORREA, Ms. 
BROWNLEY, Mr. ESPAILLAT, Mr. NORCROSS, Mr. GOMEZ, Mrs. MCBATH, 
Mr. RUSH, Mr. MEEKS, Ms. TLAIB, Mr. BOWMAN, Mr. EVANS, Mr. 
SIRES, Ms. SA´NCHEZ, Mr. DOGGETT, Mr. CARTER of Louisiana, and Ms. 
BROWN of Ohio 
DECEMBER 30, 2022 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 24, 2021] 
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A BILL 
To amend title 17, United States Code, to provide fair treat-
ment of radio stations and artists for the use of sound 
recordings, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Music Fairness Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
Sec. 6. No harmful effects on songwriters. 
Sec. 7. Value of promotion taken into account. 
SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROAD-
CASTS AND INTERNET SERVICES. 
(a) PERFORMANCE RIGHT APPLICABLE
TO AUDIO 
TRANSMISSIONS GENERALLY.—Paragraph (6) of section 
106 of title 17, United States Code, is amended to read as 
follows: 
‘‘(6) in the case of sound recordings, to perform 
the copyrighted work publicly by means of an audio 
transmission.’’. 
(b) INCLUSION OF TERRESTRIAL BROADCASTS IN EX-
ISTING PERFORMANCE RIGHT AND STATUTORY LICENSE.— 
Section 114(d)(1) of title 17, United States Code, is amend-
ed— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘a digital’’ and inserting ‘‘an’’; 
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(2) by striking subparagraph (A); 
(3) by redesignating subparagraphs (B) and (C) 
as (A) and (B), respectively; and 
(4) in subparagraph (A), as redesignated by 
paragraph (3), by striking ‘‘nonsubscription’’ each 
place such term appears and inserting ‘‘licensed non-
subscription’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITION.—Section 101 of title 17, United 
States Code, is amended by inserting after the defini-
tion of ‘‘architectural work’’ the following: 
‘‘An ‘‘audio transmission’’ is a transmission of a 
sound recording, whether in a digital, analog, or other for-
mat. This term does not include the transmission of any 
audiovisual work.’’. 
(2) CONFORMING REMOVAL OF DIGITAL.—Title 
17, United States Code, is amended— 
(A) in section 112(e)(8), by striking ‘‘a dig-
ital audio transmission’’ and inserting ‘‘an 
audio transmission’’; 
(B) in section 114— 
(i) in subsection (d)— 
(I) in paragraph (2)— 
(aa) in the matter preceding 
subparagraph (A), by striking 
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