Performance Rights Act reintroduced

May 2009

On May 13, the House Judiciary Committee voted to send the Performance Rights Act, H.R. 848, to the full House by a 21 to 9 margin. During a lengthy markup, Members of Congress agreed to initiate a GAO (Government Accountability Office) study of the economic impact of promotional value of radio play, as well as an amendment that would offer reduced sound recording performance fees to small and noncommercial broadcasters. The supporters of the bill have indicated that additional changes will likely be made to the bill prior to any vote on the House floor. The bill still faces very heavy opposition in both the House and the Senate


March 2009

On February 4, 2009 the Performance Rights Act (S. 379 and H.R. 848) was introduced into the Senate and the House of Representatives by Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee and Representative John Conyers (D-MI), Chairman of the House Judiciary Committee, respectively. Initial cosponsors of the Senate bill were Senators Orrin Hatch (R-UT), Dianne Feinstein (D-CA), Bob Corker (R-TN) and Barbara Boxer (D-CA). Initial cosponsors of the House bill were Howard Berman (D-CA), Darrell Issa (R-CA), Marsha Blackburn (R-TN), Jane Harman (D-CA), John Shadegg (R-AZ) and Paul Hodes (D-NH). To date, S. 379 has 6 cosponsors within the Senate, and in the House, H.R. 848 has 39 cosponsors.

Considerable efforts were made to have an earlier version of the bill (H.R. 4789, Performance Rights Act) passed during the last Congress. However, the proposed legislation never passed through the House Judiciary Committee. As with the initial bill, S. 379 and H.R. 848 would create a performance right in sound recordings for terrestrial radio. The National Association of Broadcasters (NAB) is once again circulating a resolution in the House calling on Members of Congress to oppose the bill; so far is has attracted over 160 House cosponsors.

On March 10, the House Judiciary Committee held a hearing on the bill that drew a sizeable bipartisan assembly, indicating the significance of the proposed legislation. ASCAP continues to monitor this legislation and is working with other Performing Rights Organizations to strengthen the provisions in the bills designed to protect songwriters from any adverse affects that may arise from the creation of this new right.