Thanks to a big PR push and the recent naming of Joe Crowley — the former Democratic Congressman who lost his primary re-election bid to Alexandria Ocasio-Cortez — as Chairman of pro-recording artist rights coalition musicFIRST, the latest effort in the U.S. House of Representatives to collect dollars for musicians and performers from radio stations was introduced with a big media splash.
The American Music Fairness Act arrived. It looks not so dissimilar to previous attempts to get legislation favoring recording acts passed by Congress, except for one big difference: a tiered royalty structure based on a radio station’s annual revenue.
Is that enough to woo Members of the House and Senate? If anything, it may have had the opposite effect, as the Local Radio Freedom Act has gained more support since the “AMFA” arrival.
According to the NAB, the biggest lobbying voice on Capitol Hill for commercial radio broadcasters, eleven members of the House of Representatives have added their support to the LRFA.
While it is a non-binding resolution opposing “any new performance fee, tax, royalty, or other charge” on local broadcast radio stations, it firmly signals members of Congress’s opposition to any potential legislation that imposes new performance royalties on broadcast radio stations for music airplay.
And, with news of 11 more co-sponsors, the viability of the AMFA appears to be in question. The LRFA has 149 co-sponsors in the House and 18 in the Senate.
And, it paints a Congressional battle that pits the NAB — headed by former Oregon Senator Gordon Smith through the end of 2020 — against Congressmen Ted Deutch (D-Fla.) and Darrell Issa (R-Calif.), who retired only to seek election in 2020 and return to the House to represent California’s 50th district.
Deutch and Issa can also count on former colleague Crowley, who had a large part in introducing the tiered royalty plan in the AMFA.
The latest Members of Congress to thumb their nose at the AMFA are:
- Andy Barr (R-KY-6)
- Kevin Hern (R-OK-1)
- Yvette Herrell (R-NM-2)
- David Joyce (R-OH-14)
- Nancy Mace (R-SC-1)
- David McKinley (R-WV-1)
- Troy Nehls (R-TX-22)
- Jay Obernolte (R-CA-8)
- August Pfluger (R-TX-11)
- Adrian Smith (R-NE-3)
- Ann Wagner (R-MO-2)
The timing of the 11 new LRFA supporters couldn’t be more meaningful to the NAB: they signed on to the resolution on June 24 — the day the AMFA was introduced.
Sort of.
Introduced by Deutch on June 24 is H.R. 4130, a bill “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.”
A search for the “American Music Fairness Act” yields no results.
H.R. 4130 has been referred to the House Judiciary Committee, chaired by Jerry Nadler, the 74-year-old from Brooklyn.
And, as of Monday (6/28), it has six co-sponsors, including that of Issa. The others supporting the Deutch-introduced legislation are:
- Tom McClintock (R-CA-4)
- Karen Bass (D-CA-37)
- Diana Harshbarger (R-TN-1)
- Judy Chu (D-CA-27)
McClintock’s district includes the South Lake Tahoe resort area. He’s been involved in politics since 1982, when he was elected to the State of California Assembly. Over the last 38 years, he’s become a very well-known Golden State politician.
Bass’ district includes much of West Los Angeles and Culver City — home to Sony Pictures Studios and many production and recording facilities. It is adjacent to Century City, long home to key entertainment industry businesses, talent agencies, media buyers and attorneys.
Chu’s district? That includes South Pasadena and Pasadena, and parts of downtown Los Angeles.
What about Harshbarger? This stretches from the Tri-Cities of Johnson City, Kingsport and Bristol to Gatlinburg and Pigeon Forge. Importantly, it is the home of Dollywood — signaling the likely influence of legendary entertainer Dolly Parton’s career on Harshbarger’s co-sponsorship of the AMFA.
Issa’s current district includes communities in eastern San Diego County.
Deutch’s district winds its way from Boca Raton through Fort Lauderdale, in South Florida.
While it’s been just days since the AMFA’s introduction, the new support for the LRFA shows that a mighty fight is certainly brewing. But, it may be simply the beginning in a new chapter for recording artists’ advocacy groups that will see many more chapters before Congress positively acts in their favor.
