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 trans-
mission 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 record-
ings by means of terrestrial radio stations, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Performance Royalty 
Owners of Music Opportunity To Earn Act of 2017’’ or 
the ‘‘PROMOTE Act of 2017’’. 
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SEC. 2. EXCLUSIVE RIGHT OF AN OWNER OF COPYRIGHT 
TO 
PROHIBIT 
THE 
BROADCAST 
TRANS-
MISSION OF A COPYRIGHTED SOUND RE-
CORDING BY A TERRESTRIAL RADIO STA-
TION. 
(a) IN GENERAL.—Section 106 of title 17, United 
States Code, is amended— 
(1) in paragraph (5), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) to prohibit performance of a sound recording 
publicly by means of a broadcast transmission (as that 
term is defined in section 114(k)) by a terrestrial radio 
station.’’. 
(b) LIMITATION ON EXCLUSIVE RIGHT TO PROHIBIT 
THE BROADCAST TRANSMISSION OF A SOUND RECORDING 
BY MEANS OF A TERRESTRIAL RADIO STATION.—Section 
114 of title 17, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘(3) and (6)’’ 
and inserting ‘‘(3), (6), and (7)’’; 
(2) by redesignating subsection (j) as sub-
section (k); and 
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(3) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j) LIMITATION ON EXCLUSIVE RIGHT TO PRO-
HIBIT THE BROADCAST TRANSMISSION OF A SOUND RE-
CORDING BY A TERRESTRIAL RADIO STATION.— 
‘‘(1) IN GENERAL.—An owner of copyright in a 
sound recording may not exercise the exclusive right 
under paragraph (7) of section 106 to prohibit the 
broadcast transmission of the sound recording by a 
terrestrial radio station with regard to— 
‘‘(A) a terrestrial radio station that pays 
the applicable royalties under terms described 
in paragraph (2); 
‘‘(B) a broadcast transmission of a sound 
recording of religious services; 
‘‘(C) a broadcast transmission by an edu-
cational terrestrial radio station; 
‘‘(D) a broadcast transmission by a terres-
trial radio station conforming to rules estab-
lished for low-power FM radio stations in sub-
part G of part 73 of title 47, Code of Federal 
Regulations; or 
‘‘(E) an incidental use. 
‘‘(2) ROYALTIES AND TERMS.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the royalties and terms described in 
this paragraph shall be identical to those re-
garding a license for eligible nonsubscription 
transmission services for audio transmissions 
under subsection (f)(2). 
‘‘(B) ROYALTY
DISTRIBUTIONS.—To the 
extent that any compensation is provided to an 
owner of copyright in a sound recording for the 
broadcast transmission by a terrestrial radio 
station of the sound recording, 50 percent of 
such compensation shall be paid to the agent 
designated to distribute receipts under sub-
section (f). The agent shall distribute such pay-
ments in accordance with subparagraphs (B) 
through (D) of subsection (g)(2), and such pay-
ments shall be the only payments to which fea-
tured and nonfeatured artists are entitled by 
virtue of such compensation for such broadcast 
transmission.’’. 
Æ 
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