Fair Play Fair Pay Act of 2017
Latest action · Mar 30, 2017 Referred to the House Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 30, 2017
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Fair Play Fair Pay Act of 2017
This bill amends federal copyright law to extend a sound recording copyright owner's rights to include the exclusive right to perform or authorize the performance of the recording publicly by means of any audio transmission, thereby requiring terrestrial AM/FM broadcast radio stations that play copyrighted sound recordings to pay royalties for the nondigital audio transmissions of the recordings. (Currently, sound recording copyright owners have a performance right that applies only to digital transmissions by cable, satellite, and Internet radio stations.)Copyright Royalty Judges (CRJs) must commence a proceeding to determine royalty rates and terms for nonsubscription broadcast transmissions. In determining royalty rates for statutory licensing of such digital or nondigital transmissions, the CRJs must: (1) distinguish among different types of services, and (2) include a minimum fee for each type of service. Differences may be based on the quantity and nature of the use of sound recordings and the degree to which use of the service may substitute for or promote consumer purchases of phonorecords.
The CRJs must establish rates that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. The decision must be based on economic, competitive, and programming information presented by the parties, including: (1) the sound recording copyright owner's other streams of revenue from the recordings; and (2) the relative creative contribution, technological contribution, capital investment, cost, and risk of the copyright owner and the transmitting entity.
The bill caps the annual royalty rate at: (1) $500 for small commercial broadcast stations with less than $1 million in revenues for the calendar year, and (2) $100 for public broadcasting stations. Exemptions are provided for religious service broadcasts or incidental uses of music from royalty payment requirements.
Proceeds for direct licenses of transmissions otherwise licensable under the statutory license must be distributed in the same manner as statutory license proceeds. The bill requires payment of 45% to featured artists, 2.5% to nonfeatured musicians, and 2.5% to nonfeatured vocalists. Such payments shall be the sole payments to which featured and nonfeatured artists are entitled under a direct license.
Performance royalties for sound recordings fixed before February 15, 1972, must be paid in the same manner as royalties for sound recordings fixed after such date.
A collective designated by the CRJs must implement a policy to accept instructions (referred to as a "letter of direction") from a sound recording copyright owner, or from a recording artist, to distribute a portion of performance royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording.
The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.
Cosponsors 32
Members who signed on, in the order they did. Signatures ran from Mar 30, 2017 to Apr 26, 2018; 5 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-CA | Darrell Issa | Original | Mar 30, 2017 |
| D-MI | John Conyers, Jr. | Original | Mar 30, 2017 |
| R-TN | Marsha Blackburn | Original | Mar 30, 2017 |
| D-FL | Theodore E. Deutch | Original | Mar 30, 2017 |
| R-FL | Thomas J. Rooney | Original | Mar 30, 2017 |
| D-NY | Joseph Crowley | Apr 14, 2017 | |
| D-CA | Julia Brownley | Apr 14, 2017 | |
| D-CA | Karen Bass | Apr 14, 2017 | |
| D-IL | Luis V. Gutierrez | Apr 14, 2017 | |
| R-CO | Scott R. Tipton | Apr 14, 2017 | |
| D-TN | Steve Cohen | Apr 14, 2017 | |
| D-CA | Judy Chu | Apr 20, 2017 | |
| D-NY | Louise McIntosh Slaughter | Apr 20, 2017 | |
| D-CA | Adam B. Schiff | Apr 25, 2017 | |
| D-NY | Carolyn B. Maloney | May 2, 2017 | |
| D-RI | David N. Cicilline | May 16, 2017 | |
| D-CA | Ted Lieu | May 22, 2017 | |
| R-AZ | Trent Franks | May 22, 2017 | |
| D-FL | Darren Soto | May 25, 2017 | |
| D-CA | Pete Aguilar | May 25, 2017 | |
| D-OR | Earl Blumenauer | Jul 11, 2017 | |
| D-CA | Tony Cárdenas | Jul 27, 2017 | |
| D-CA | Brad Sherman | Sep 14, 2017 | |
| D-TN | Jim Cooper | Sep 14, 2017 | |
| D-FL | Debbie Wasserman Schultz | Oct 23, 2017 | |
| D-FL | Lois Frankel | Oct 26, 2017 | |
| R-MI | David A. Trott | Nov 3, 2017 | |
| D-CA | Lucille Roybal-Allard | Nov 3, 2017 | |
| D-IL | Janice D. Schakowsky | Dec 1, 2017 | |
| D-NY | Gregory W. Meeks | Dec 14, 2017 | |
| D-TX | Lloyd Doggett | Feb 27, 2018 | |
| D-OH | Marcy Kaptur | Apr 26, 2018 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Mar 30, 2017 |
Actions 2
Everything that happened, newest first.
- Mar 30, 2017Introduced in House
- Mar 30, 2017Referred to the House Committee on the Judiciary.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 56, March 30, 2017, page H2601.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 115-50 | MUSIC POLICY ISSUES: A PERSPECTIVE FROM THOSE WHO MAKE IT46 pages | Judiciary Committee | Jan 26, 2018 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47642 | On the Radio: Public Performance Rights in Sound Recordings | Report | Dec 8, 2025 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 881 | AMP Act | Related bill | Feb 6, 2017 |
| HR 1733 | Fair Play Fair Pay Act of 2015 | Reintroduction of | May 15, 2015 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes.
- Short Titles as Introduced
- Fair Play Fair Pay Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Text 1
Each version as it was printed, newest first.
- Mar 30, 2017Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.