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Summary (1)

There is one summary for H.R.1733. View summaries

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Introduced in House (04/13/2015)

Fair Play Fair Pay Act of 2015

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 non-digital 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.)

Requires the Copyright Royalty Judges (CRJs) to commence a proceeding to determine royalty rates and terms for nonsubscription broadcast transmissions. Directs the CRJs, in determining royalty rates for statutory licensing of such digital or non-digital transmissions, to: (1) distinguish among different types of services, and (2) include a minimum fee for each type of service. Allows differences to 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.

Requires the CRJs to 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. Directs the CRJs to base their decision 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.

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. Exempts religious service broadcasts or incidental uses of music from royalty payment requirements.

Requires proceeds for direct licenses of transmissions otherwise licensable under the statutory license to be distributed in the same manner as statutory license proceeds. Requires payment of 45% to featured artists, 2.5% to nonfeatured musicians, and 2.5% to nonfeatured vocalists. Makes such distribution the sole payments to which featured and nonfeatured artists are entitled under a direct license.

Requires payment of performance royalties for sound recordings fixed before February 15, 1972, in the same manner as royalties are paid for sound recordings fixed after such date.

Requires a collective designated by the CRJs to 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.

Requires the collective to 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.


Actions Overview (1)

Date
04/13/2015 Introduced in House

All Actions (4)

Date
05/15/2015 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Action By: House Judiciary
04/13/2015 Referred to the House Committee on the Judiciary.
Action By: House of Representatives
04/13/2015 Sponsor introductory remarks on measure. (CR E465)
Action By: House of Representatives
04/13/2015 Introduced in House
Action By: House of Representatives

Titles (2)

Short Titles:

Short Titles - House of Representatives

Short Titles as Introduced:

Fair Play Fair Pay Act of 2015

Official Titles:

Official Titles - House of Representatives

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.


Subjects (8)

  • Administrative remedies
  • Broadcasting, cable, digital technologies
  • Intellectual property
  • Licensing and registrations
  • Music
  • Religion
  • Sound recording

Cosponsors (41)

* = Original cosponsor
CosponsorDate Cosponsored
Rep. Blackburn, Marsha [R-TN-7]* 04/13/2015
Rep. Conyers, John, Jr. [D-MI-13]* 04/13/2015
Rep. Deutch, Theodore E. [D-FL-21]* 04/13/2015
Rep. Cohen, Steve [D-TN-9] 05/01/2015
Rep. Lieu, Ted [D-CA-33] 05/01/2015
Rep. Schiff, Adam B. [D-CA-28] 05/01/2015
Rep. Grayson, Alan [D-FL-9] 05/01/2015
Rep. Chu, Judy [D-CA-27] 05/05/2015
Rep. Schakowsky, Janice D. [D-IL-9] 05/20/2015
Rep. Slaughter, Louise McIntosh [D-NY-25] 07/08/2015
Rep. Napolitano, Grace F. [D-CA-32] 07/08/2015
Rep. Blumenauer, Earl [D-OR-3] 08/04/2015
Rep. Cicilline, David N. [D-RI-1] 09/09/2015
Rep. Brady, Robert A. [D-PA-1] 10/20/2015
Rep. Norton, Eleanor Holmes [D-DC-At Large] 10/21/2015
Rep. Pitts, Joseph R. [R-PA-16] 10/21/2015
Rep. Sherman, Brad [D-CA-30] 10/26/2015
Rep. Rangel, Charles B. [D-NY-13] 10/29/2015
Rep. Bass, Karen [D-CA-37] 11/05/2015
Rep. Watson Coleman, Bonnie [D-NJ-12] 11/18/2015
Rep. McDermott, Jim [D-WA-7] 11/18/2015
Rep. Maloney, Carolyn B. [D-NY-12] 11/30/2015
Rep. Brownley, Julia [D-CA-26] 12/03/2015
Rep. Sanchez, Linda T. [D-CA-38] 12/08/2015
Rep. Tipton, Scott R. [R-CO-3] 12/15/2015
Rep. Crowley, Joseph [D-NY-14] 02/12/2016
Rep. Rooney, Thomas J. [R-FL-17] 03/01/2016
Rep. Cardenas, Tony [D-CA-29] 03/22/2016
Rep. Peterson, Collin C. [D-MN-7] 03/23/2016
Rep. Huffman, Jared [D-CA-2] 04/12/2016
Rep. Wasserman Schultz, Debbie [D-FL-23] 04/14/2016
Rep. Frankel, Lois [D-FL-22] 04/15/2016
Rep. Davis, Danny K. [D-IL-7] 04/20/2016
Rep. Edwards, Donna F. [D-MD-4] 04/20/2016
Rep. Issa, Darrell E. [R-CA-49] 04/21/2016
Rep. Trott, David A. [R-MI-11] 05/31/2016
Rep. Ellison, Keith [D-MN-5] 09/21/2016
Rep. Kaptur, Marcy [D-OH-9] 11/14/2016
Rep. Knight, Stephen [R-CA-25] 12/02/2016
Rep. Doggett, Lloyd [D-TX-35] 12/07/2016
Rep. Johnson, Eddie Bernice [D-TX-30] 12/08/2016

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
House Judiciary04/13/2015 Referred to
House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet05/15/2015 Referred to

Related Bills (1)

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.