Title: PROMOTE Act of 2017
Policy area: Commerce

Summary:
Performance Royalty Owners of Music Opportunity To Earn Act of 2017 or the PROMOTE Act of 2017
This bill amends federal copyright law to provide copyright owners the exclusive right to prohibit performance of a sound recording publicly by a broadcast transmission of a terrestrial AM/FM radio station. Exceptions are provided that allow terrestrial AM/FM radio broadcasts of a sound recording without the copyright owner's permission if: (1) a terrestrial AM/FM radio station pays royalties identical to those paid under the statutory license rates determined by Copyright Royalty Judges for eligible nonsubscription transmission services that apply to digital Internet radio streaming and webcasts; (2) the broadcast is of a religious service, by an educational terrestrial radio station, or by a low-power FM radio station; or (3) the broadcast is an incidental use. (Under current law, the exclusive right for the public performance of sound recordings extends only to digital audio transmissions, such as Internet and satellite radio broadcasts.)

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1914 Introduced in House (IH)]

<DOC>






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 
  transmission 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 recordings by means of terrestrial radio 
                   stations, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. EXCLUSIVE RIGHT OF AN OWNER OF COPYRIGHT TO PROHIBIT THE 
              BROADCAST TRANSMISSION OF A COPYRIGHTED SOUND RECORDING 
              BY A TERRESTRIAL RADIO STATION.

    (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 subsection (k); and
            (3) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Limitation on Exclusive Right To Prohibit the Broadcast 
Transmission of a Sound Recording 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 educational 
                terrestrial radio station;
                    ``(D) a broadcast transmission by a terrestrial 
                radio station conforming to rules established for low-
                power FM radio stations in subpart G of part 73 of 
                title 47, Code of Federal Regulations; or
                    ``(E) an incidental use.
            ``(2) Royalties and terms.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                royalties and terms described in this paragraph shall 
                be identical to those regarding 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 subsection (f). 
                The agent shall distribute such payments in accordance 
                with subparagraphs (B) through (D) of subsection 
                (g)(2), and such payments shall be the only payments to 
                which featured and nonfeatured artists are entitled by 
                virtue of such compensation for such broadcast 
                transmission.''.
                                 <all>