Performance Rights Act

Citation: Performance Rights Act, H.R. 848, 111th Cong. (2009).

Overview
Congress is considering legislation that would expand copyright protection for sound recordings. In particular, the proposed Performance Rights Act would eliminate an exemption that currently allows analog, nonsubscription AM and FM radio stations (broadcast radio stations) to broadcast a sound recording without acquiring permission from and paying a royalty to the copyright holder, performers, and musicians.

The proposed act would amend the statutory license for nonsubscription transmission services to include broadcast radio stations. Under the amendments to the statutory license, a radio station would pay a royalty based on its revenue and its status as a commercial or non-commercial station. The proposed act would also exempt some uses of music, such as music in broadcasts of religious services and the incidental use of music by non-music stations, while providing a per program license option for radio stations that make limited use of sound recordings, such as broadcasting sound recordings on an infrequent basis.