Jackson Browne, Gloria Estefan, Dozens More Call on Congress to Pass American Music Fairness Act, Requiring Radio to Pay Royalties to Musicians

Since the dawn of radio, the United States has been and remains the only major country in the world where terrestrial radio pays no royalties to performers or recorded-music copyright owners of the songs it plays — a situation that is largely due to the powerful radio lobby’s influence in Congress. While the more than 8,300 AM and FM stations across the country pay royalties to songwriters and publishers, they have never paid performers or copyright holders, although streaming services and satellite radio do.

In September, Senators Alex Padilla (D-Calif.) and Marsha Blackburn (R-Tenn.) introduced the bipartisan American Music Fairness Act, which aims to rectify that situation by “ensur[ing] artists and music creators receive fair compensation for the use of their songs on AM/FM radio. This legislation will bring corporate radio broadcasters up-to-speed with all other music streaming platforms, which already pay artists for their music.”

Today (Nov. 1), more than 60 artists have signed a joint letter to Congress via the musicFIRST organization, urging them to pass the bipartisan American Music Fairness Act without delay. The letter kicks off Music Fairness Awareness Month and calls on Senators and Representatives to “align with the rest of the developed world and ensure that our hard-working artists are compensated fairly.” (The full letter appears below.)

“This Music Fairness Awareness Month and beyond, we’re proud to stand with artists in their honorable fight to finally get the compensation they deserve for the use of their work on AM/FM radio,” said Congressman Joe Crowley, Chairman of the musicFIRST Coalition. “Big Radio corporations like iHeartRadio make billions of dollars in profit by filling their airwaves with music, and it’s only right that they should pay a fair share to the artists whose hard work makes their whole business possible. It’s just common sense. Artists support the American Music Fairness Act. The American public supports the American Music Fairness Act. And now, it’s time for Congress to make it law.”

The legislation — which was introduced in the House by Reps. Ted Deutch (D-FL) and Darrell Issa (R-CA) in June 2021, and received companion legislation in the Senate last month from Sens. Marsha Blackburn (R-TN) and Alex Padilla (D-CA) — will require large broadcast corporations to pay performance royalties to creators for AM/FM radio plays, just as all other digital and streaming platforms do.

Additional details on the legislation — including a fact sheet about the bill’s provisions — is available to download here.

November 1, 2022

Senator Richard J. Durbin

Chairman, Committee on the Judiciary

United States Senate

Washington, DC 20510

Dear Chairman Durbin:

Music creators work incredibly hard to make the sound recordings we all know, love and value. But as we kick off Music Fairness Awareness Month today, the United States continues to be the only democratic nation in the world where artists like us are not compensated when our music is played on AM/FM radio. Thankfully, legislation was just introduced to right this injustice that has robbed artists of their fair compensation for decades. We urge you to join us in the fight for fair compensation for music creators by supporting the American Music Fairness Act.

The American Music Fairness Act — a bipartisan piece of legislation that was just introduced in the Senate by Senators Alex Padilla (D-CA) and Marsha Blackburn (R-TN), after being initially introduced in the House by Representatives Darrell Issa (R-CA) and Ted Deutch (D-FL) last year — would require U.S. broadcasters to finally compensate artists when our songs are played on domestic AM/FM radio. This bill, which is identical to the bipartisan H.R. 4130 currently being considered by the House Judiciary Committee, would level the playing field, asking radio broadcasters to play by the same rules as digital platforms, streaming services and others who already pay artists when they use our music.

For decades now, corporate broadcasters have used an antiquated loophole to play unlimited music for free. We have watched as giant radio corporations have continued to grow, raking in billions in advertising dollars while refusing to pay a single cent to us, the artists behind the music that attracts their advertisers in the first place and makes their entire business model possible.

This unjust status quo not only harms American artists at home, but also hurts us abroad. The vast majority of foreign nations — those who do already pay artists for radio airplay — currently withhold royalties from American music creators when our songs get played in their countries, simply because the United States does not reciprocate by paying their artists here. This amounts to approximately $200 million every year in lost income for American artists. By supporting the American Music Fairness Act, you can ensure that this money flows back to the United States.

Even as the radio industry continues to see consolidation into large clusters of corporate-owned stations, we recognize the important role that locally-owned broadcasters play in our communities. With this in mind, we are pleased that the American Music Fairness Act includes strong protections for truly local radio stations — including allowing small, college and non-commercial stations to pay less than $2 per day for unlimited music. This will provide these crucial local broadcasters with the affordability and certainty they need to thrive.

We’re not alone in our call for fairness. An overwhelming majority of Americans stand with artists on this issue. A recent national poll commissioned by musicFIRST — the voice for fairness and equity for music creators — found that 61% of American voters believe it’s unfair that artists don’t get paid when their songs are played on the radio. And 70% support Congress taking action to address this injustice by passing legislation such as the American Music Fairness Act.

As we commemorate Music Fairness Awareness Month this November, it is an important time to recognize the many positive ways in which music shapes our world and our culture. These past few years have been particularly challenging, and the music we love played a crucial role in pulling us all through those dark and difficult times. It’s time for our nation to align with the rest of the developed world and ensure that our hard-working artists are compensated fairly.

We appreciate your support and timely action on this much-needed legislation. We look forward to working with you and your staff to ensure our hard-working artists here in the United States finally receive the compensation they are due.

Sincerely,