American Music Fairness Act

A Fight for Artists’ Rights on Radio

Music serves as a profound means of expression and cultural enrichment, yet the struggle for equitable compensation persists among artists, particularly those working independently. A significant contributor to this challenge is the absence of a performance right for sound recordings on radio in the United States.

In a bid to rectify this imbalance, the American Music Fairness Act emerged as a bipartisan effort in June 2021, spearheaded by Representatives Ted Deutch and Darrell Issa. This legislative proposal aims to establish a performance right for sound recordings on AM/FM radio, ensuring that artists receive fair compensation for their work. It also seeks to create a fair market value for music performance royalties while safeguarding smaller radio stations through reasonable exemptions and rates.

Unsurprisingly, the bill has garnered support from prominent music industry groups, including the Recording Academy, SoundExchange, the American Federation of Musicians, and the Future of Music Coalition. Advocates argue that the American Music Fairness Act levels the playing field, fostering musical diversity, innovation, and, crucially, fair pay for fair play.

However, the bill faces staunch opposition from the National Association of Broadcasters (NAB), representing radio broadcasters. The NAB contends that the legislation would impose a detrimental “tax” on radio stations, potentially undermining their ability to serve local communities. They assert that radio’s provision of free promotion and exposure for artists, coupled with voluntary agreements between broadcasters and record labels, currently functions effectively.

This legislative debate reflects a longstanding conflict between the music and radio industries, which have grappled over performance rights for decades. The radio industry, historically wielding significant influence, has been accused of anti-competitive practices that limit opportunities for independent artists and labels.

A report by the Future of Music Coalition highlights the concentrated control of the radio industry by major corporations like iHeartMedia, Cumulus Media, and Entercom. This concentration often results in playlists dominated by mainstream, commercial music, sidelining alternative, diverse, and independent voices.

This systemic bias poses challenges for independent artists seeking airplay, exposure, and recognition without compromising creative control or relinquishing substantial revenue to major labels. The American Music Fairness Act emerges as a crucial catalyst for change, aiming to reshape the radio landscape by requiring stations to compensate artists. This not only provides fair incentives for creators but also encourages radio stations to diversify their playlists, supporting a more inclusive music environment.

The bill, currently under consideration by the House Judiciary Committee, awaits further action. For those passionate about music, whether artists, listeners, or supporters, actively contributing to this cause can make a difference. Contacting representatives, advocating for co-sponsorship and support, and signing the petition at https://musicfairnessaction.org can collectively propel the American Music Fairness Act forward, making radio fair for all.

David Frein