Bill Summary
This legislation, also known as the "Ask Musicians For Music Act of 2019", aims to amend title 17 of the United States Code in order to require broadcasters to obtain permission from the copyright owner before transmitting their content. This applies to all types of transmissions, including terrestrial broadcasts made by radio stations. The legislation also includes provisions for small broadcasters and noncommercial stations, capping the required compensation at $500 per year for small broadcasters and $100 per year for public broadcasting entities. It also designates a specific agent to handle and distribute these payments. The bill also includes several conforming amendments to the definitions and language used in title 17. Overall, this legislation aims to protect the rights of copyright owners and ensure that they are properly compensated for the use of their content by broadcasters.
Possible Impacts
1) Musicians may have more control over the use of their music and may receive compensation for its use by broadcasters.
2) Small broadcasters with low revenues may have an easier time obtaining consent for transmissions and may only have to pay a flat fee of $500 per year.
3) The legislation may lead to changes in accounting practices for radio stations to accurately allocate revenues to individual stations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5219 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5219
To amend title 17, United States Code, to require broadcasters to
obtain permission to transmit content owned by another person, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2019
Mr. Nadler introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to require broadcasters to
obtain permission to transmit content owned by another person, 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 ``Ask Musicians For Music Act of
2019''.
SEC. 2. TRANSMISSION CONSENT FOR TERRESTRIAL BROADCASTS.
(a) Right Applicable to Transmissions Generally.--Section 106(6) of
title 17, United States Code, is amended by striking ``a digital'' and
inserting ``an''.
(b) Transmission Consent.--Section 114(d)(1)(A) of title 17, United
States Code, is amended by adding after ``transmission'' the following:
``, except that, in the case of a transmission made by a radio station,
the radio station shall obtain the express authority of the copyright
owner of that sound recording for any such transmission (unless the
transmission consists of services at a place of worship (or at another
religious assembly) or incidental uses of a musical work)''.
SEC. 3. SMALL BROADCASTERS; PUBLIC AND EDUCATIONAL RADIO.
(a) Small Broadcasters.--
(1) In general.--Consent required under section 2 shall be
deemed satisfied by the payment of $500 per year by any radio
station with revenues in that year of less than $1,000,000,
including all revenues arising from or relating to the
operation of the station, as calculated in accordance with
generally accepted accounting principles in the United States.
(2) Affiliates.--For the purposes of calculating revenues
under paragraph (1) with respect to affiliated broadcast
stations, revenues shall be allocated reasonably to individual
stations that are associated with those revenues.
(b) Public Broadcasters, College Radio, and Other Noncommercial
Stations.--Any negotiation to obtain the express authority of a
copyright owner that is required with respect to a transmission made by
a radio station under section 114(d)(1)(A) of title 17, United States
Code, as amended by section 2(b), may not result in the payment of
compensation in an amount that is more than $100 per year by any
individual terrestrial broadcast station that is--
(1) licensed by the Federal Communications Commission as an
individual terrestrial broadcast station; and
(2) a public broadcasting entity, as that term is defined
in section 118(f) of title 17, United States Code.
(c) Designated Agent.--Payments made pursuant to subsections (a)
and (b) shall be directed to the agent designated to distribute
receipts from the licensing of digital transmissions in accordance with
section 114(f) of title 17 and used to defray administrative costs as
described in section 114(g)(3)(A) of title 17.
SEC. 4. CONFORMING AMENDMENTS.
(a) Definition.--Section 101 of title 17, United States Code, is
amended by inserting after the item relating to ``architectural work''
the following:
``An `audio transmission' is the communication of a sound
recording, whether in digital, analog, or other format, whereby sounds
are received beyond the place from which they are sent. An audio
transmission does not include the transmission of any audiovisual
work.''.
(b) Other Conforming Amendments.--Title 17, United States Code, is
amended--
(1) in section 112(e)(8), by striking ``a digital audio
transmission'' and inserting ``an audio transmission'';
(2) in section 114--
(A) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``a
digital'' and inserting ``an''; and
(II) in subparagraph (B)--
(aa) by striking clauses
(i) and (iii);
(bb) by redesignating
clauses (ii) and (iv) as
clauses (i) and (ii),
respectively; and
(cc) in clause (ii), as so
redesignated, by striking
``retransmission, whether or
not simultaneous, is a'' and
inserting ``retransmission is a
non-simultaneous,'';
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking
``subscription digital'' and inserting
``subscription''; and
(II) in subparagraph (C)(viii), by
striking ``digital signal'' and
inserting ``signal''; and
(iii) in paragraph (4)--
(I) in subparagraph (A), by
striking ``a digital audio
transmission'' and inserting ``an audio
transmission''; and
(II) in subparagraph (B)(i), by
striking ``a digital audio
transmission'' and inserting ``an audio
transmission'';
(B) in subsection (g)(2)(A), by striking ``a
digital'' and inserting ``an''; and
(C) in subsection (j)--
(i) in paragraph (6)--
(I) by striking ``digital''; and
(II) by striking ``retransmissions
of broadcast transmissions'' and
inserting ``broadcast transmissions and
retransmissions of broadcast
transmissions''; and
(ii) in paragraph (8), by striking
``subscription digital'' and inserting
``subscription''; and
(3) in section 1401(b), in the matter preceding paragraph
(1), by striking ``a digital'' and inserting ``an''.
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