‘‘(I) revenue shall be calculated in ac-
cordance with generally accepted accounting 
principles; 
‘‘(II) revenue generated by a terrestrial 
broadcast station shall include all revenue 
from the operation of the station, from any 
source; and 
‘‘(III) in the case of affiliated broad-
cast stations, revenue shall be allocated rea-
sonably to individual stations associated 
with the revenue. 
‘‘(iv) The royalty rates specified in clause 
(i) shall not be admissible as evidence or other-
wise taken into account in determining royalty 
rates in a proceeding under chapter 8, or in any 
other administrative, judicial, or other Federal 
Government proceeding involving the setting or 
adjustment of the royalties payable for the public 
performance 
or 
reproduction 
in 
ephemeral 
phonorecords or copies of sound recordings, the 
determination of terms or conditions related 
thereto, or the establishment of notice or record-
keeping requirements.’’. 
(b) TECHNICAL CORRECTION.—Section 118(f) of title 
17, United States Code, is amended by striking ‘‘section 397 
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of title 47’’ and inserting ‘‘section 397 of the Communica-
tions Act of 1934 (47 U.S.C. 397)’’. 
SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. 
Section 114(g) of title 17, United States Code, is 
amended— 
(1) in paragraph (1), by inserting ‘‘or in the 
case of a transmission to which paragraph (5) ap-
plies’’ after ‘‘this section’’; 
(2) by redesignating paragraphs (5), (6), and (7) 
as (6), (7), and (8), respectively; and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) Notwithstanding paragraph (1), to the ex-
tent that a license granted by the copyright owner of 
a sound recording to a transmitting entity eligible for 
a statutory license under subsection (d)(2) extends to 
such entity’s transmissions otherwise licensable under 
a statutory license in accordance with subsection (f), 
such entity shall pay to the collective designated to 
distribute statutory licensing receipts from the licens-
ing of transmissions in accordance with subsection 
(f), 50 percent of the total royalties that such entity 
is required, pursuant to the applicable license agree-
ment, to pay for such transmissions otherwise licens-
able under a statutory license in accordance with sub-
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section (f). That collective shall distribute such pay-
ments in proportion to the distributions provided in 
subparagraphs (B) through (D) of paragraph (2), and 
such payments shall be the only payments to which 
featured and nonfeatured artists are entitled by virtue 
of such transmissions under the direct license with 
such entity.’’. 
SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. 
Nothing in this Act, or the amendments made by this 
Act, shall adversely affect in any respect the public perform-
ance rights of or royalties payable to songwriters or copy-
right owners of musical works. 
SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT. 
Pursuant to section 114(f)(1)(B) of title 17, United 
States Code, in determining rates and terms for terrestrial 
broadcast radio stations under this Act, and the amend-
ments made by this Act, the Copyright Royalty Judges shall 
base their decision on economic, competitive, and program-
ming information presented by the parties, including 
whether use of the station’s service may substitute for or 
may promote the sales of phonorecords or otherwise may 
interfere with or may enhance the sound recording copy-
right owner’s other streams of revenue from the copyright 
owner’s sound recordings. 
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Union Calendar No. 509 
117TH CONGRESS 
2D SESSION 
H. R. 4130 
[Report No. 117–693] 
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 pur-
poses. 
DECEMBER 30, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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