THE AMERICAN MUSIC FAIRNESS ACT WILL BE A GAME-CHANGER FOR RECORDING ARTISTS!

It is shocking to learn that the United States is one of the few countries in the world in which Recording Artists are not compensated for the use of their music on AM/FM radio. Traditionally, Songwriters and Music Publishers have received performance royalties under the Copyright Act of 1976 each time a song they’ve written or published is played on the radio. By requiring Broadcast Radio Corporations to pay performance royalties to Recording Artists for AM/FM radio plays, the American Music Fairness Act would close an antiquated loophole that has allowed Corporate Broadcasters to forgo compensating Recording Artists for the use of their music for decades.

The AMFA is a bi-partisan bill that unanimously passed through the Senate Judiciary Committee last year. On January 31, 2025, the Bill was referred to the House Judiciary Committee for review. It is expected to pass through the Committee, but because of the pending Budget Bill, the timing is uncertain for a final vote in the House. The AFMA will be a huge breakthrough for Recording Artists in the United States and represents a long-overdue change in the way Performers are paid for their work.

The AMFA would:

1. Require Terrestrial Radio Broadcasters to pay royalties to American Music Performing Artists/Creators when they play their songs.

2. In recognition of the important role of locally owned radio stations in communities across the U.S., the AFMA will protect small, college, and non-commercial local stations who qualify for the exemptions. Specifically, those Broadcast Stations that fall under $1.5 million in annual revenue and whose parent companies fall under less than $10 million in annual revenue will be able to play unlimited music for less than $500 annually.

3. Create a fair global market that ensures foreign countries pay U.S. artists for the use and performance of their songs overseas.

The AMFA legislation will help close that loophole and restore fairness, allowing Performing Artists, as well as Songwriters and Publishers, to be paid when their songs are played on AM/FM radio, just as they are in other mediums. Unfortunately, the AMFA will do nothing regarding the ridiculously low compensation paid to Performing Artists, Songwriters, and Publishers for Satellite and Digital Streaming Services under the Digital Millennium Copyright Act, but that is a matter for another day.

If you are in the Entertainment and Performing Arts business, you need to zealously protect your Intellectual Property and Royalties. If it passes, the AMFA will represent a small step in improving Broadcast Royalties for Artists. I’ll keep you posted.