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. HAR-
MAN, and Mrs. BLACKBURN) introduced the following bill; which was re-
ferred 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. 
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 Rights 
Act’’. 
SEC. 
2. 
EQUITABLE 
TREATMENT 
FOR 
TERRESTRIAL 
BROADCASTS. 
(a) PERFORMANCE RIGHT APPLICABLE TO RADIO 
TRANSMISSIONS GENERALLY.—Section 106(6) of title 17, 
United States Code, is amended to read as follows: 
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‘‘(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 
EXISTING PERFORMANCE RIGHT.—Section 114(d)(1) of 
title 17, United States Code, is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘a digital’’ and inserting ‘‘an’’; and 
(2) by striking subparagraph (A). 
(c) INCLUSION
OF TERRESTRIAL BROADCASTS
IN 
EXISTING
STATUTORY
LICENSE
SYSTEM.—Section 
114(j)(6) of title 17, United States Code, is amended by 
striking ‘‘digital’’. 
SEC. 3. SPECIAL TREATMENT FOR SMALL, NONCOMMER-
CIAL, EDUCATIONAL, AND RELIGIOUS STA-
TIONS AND CERTAIN USES. 
(a) SMALL, NONCOMMERCIAL, EDUCATIONAL, AND 
RELIGIOUS RADIO STATIONS.— 
(1) IN GENERAL.—Section 114(f)(2) of title 17, 
United States Code, is amended by adding at the 
end the following: 
‘‘(D) Notwithstanding the provisions of sub-
paragraphs (A) through (C), each individual terres-
trial broadcast station that has gross revenues in 
any calendar year of less than $1,250,000 may elect 
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to pay for its over-the-air nonsubscription broadcast 
transmissions a royalty fee of $5,000 per year, in 
lieu of the amount such station would otherwise be 
required to pay under this paragraph. Such royalty 
fee shall not be taken into account in determining 
royalty rates in a proceeding under chapter 8, or in 
any other administrative, judicial, or other Federal 
Government proceeding. 
‘‘(E) Notwithstanding the provisions of sub-
paragraphs (A) through (C), each individual terres-
trial broadcast station that is a public broadcasting 
entity as defined in section 118(f) may elect to pay 
for its over-the-air nonsubscription broadcast trans-
missions a royalty fee of $1,000 per year, in lieu of 
the amount such station would otherwise be required 
to pay under this paragraph. Such royalty fee shall 
not be taken into account in determining royalty 
rates in a proceeding under chapter 8, or in any 
other administrative, judicial, or other Federal Gov-
ernment proceeding.’’. 
(2) PAYMENT DATE.—A payment under sub-
paragraph (D) or (E) of section 114(f)(2) of title 
17, United States Code, as added by paragraph (1), 
shall not be due until the due date of the first roy-
alty payments for nonsubscription broadcast trans-
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