The Fair Play Fair Pay Act of 2017 currently pending in the House of Representatives would amend the Copyright Act to extend the public performance right for sound recordings to any audio transmission. Currently, the sound recording public performance right applies only to digital audio transmissions (e.g., Pandora, SiriusXM, etc.). The new public performance right would mean that AM/FM broadcast stations would be required to pay royalties for terrestrial/over-the-air broadcast transmissions of sound recordings. Currently, 21 Representatives have co-sponsored The Fair Play Fair Pay Act.
Opposition to the Fair Play Fair Pay Act continues to grow. The Local Radio Freedom Act proposes a resolution providing that:
Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.