HR 1836 · 115th Congress 2017–2019, ended

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.

  1. IntroducedMar 30, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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.

SeatCosponsorSigned on
R-CADarrell IssaOriginalMar 30, 2017
D-MIJohn Conyers, Jr.OriginalMar 30, 2017
R-TNMarsha BlackburnOriginalMar 30, 2017
D-FLTheodore E. DeutchOriginalMar 30, 2017
R-FLThomas J. RooneyOriginalMar 30, 2017
D-NYJoseph CrowleyApr 14, 2017
D-CAJulia BrownleyApr 14, 2017
D-CAKaren BassApr 14, 2017
D-ILLuis V. GutierrezApr 14, 2017
R-COScott R. TiptonApr 14, 2017
D-TNSteve CohenApr 14, 2017
D-CAJudy ChuApr 20, 2017
D-NYLouise McIntosh SlaughterApr 20, 2017
D-CAAdam B. SchiffApr 25, 2017
D-NYCarolyn B. MaloneyMay 2, 2017
D-RIDavid N. CicillineMay 16, 2017
D-CATed LieuMay 22, 2017
R-AZTrent FranksMay 22, 2017
D-FLDarren SotoMay 25, 2017
D-CAPete AguilarMay 25, 2017
D-OREarl BlumenauerJul 11, 2017
D-CATony CárdenasJul 27, 2017
D-CABrad ShermanSep 14, 2017
D-TNJim CooperSep 14, 2017
D-FLDebbie Wasserman SchultzOct 23, 2017
D-FLLois FrankelOct 26, 2017
R-MIDavid A. TrottNov 3, 2017
D-CALucille Roybal-AllardNov 3, 2017
D-ILJanice D. SchakowskyDec 1, 2017
D-NYGregory W. MeeksDec 14, 2017
D-TXLloyd DoggettFeb 27, 2018
D-OHMarcy KapturApr 26, 2018

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Mar 30, 2017

Actions 2

Everything that happened, newest first.

  1. Mar 30, 2017Introduced in House
  2. 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

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 of the United States Constitution; Article 1, Section 8, Clause 8 of the United States Constitution; and Article 1, Section 8, Clause 18 of the United States Constitution.

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.

NumberHearingCommitteeHeld
Serial No. 115-50MUSIC POLICY ISSUES: A PERSPECTIVE FROM THOSE WHO MAKE IT46 pagesJudiciary CommitteeJan 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.

ProductTitleKindPublished
R47642On the Radio: Public Performance Rights in Sound RecordingsReportDec 8, 2025

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 881AMP ActRelated billFeb 6, 2017
HR 1733Fair Play Fair Pay Act of 2015Reintroduction ofMay 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.

  1. Mar 30, 2017Introduced in House

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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.