| Coalition Urges Opposition to Dubiously Named Local Radio Freedom Act |
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| Tuesday, January 27 2015 |
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The Center for Individual Freedom ("CFIF") this week joined with a half dozen other national organizations on a letter urging Republican Members of the U.S. House of Representatives to oppose proposed legislation deceptively titled the "Local Radio Freedom Act." Currently, recording artists can negotiate performance rights for their works when played or distributed on the Internet, cable or satellite. That same right, however, does not extend to traditional AM-FM radio. The so-called Local Radio Freedom Act ("LRFA") would make that anomaly permanent, closing the marketplace and shutting down future negotiation. As the letter explains: "The Constitution protects private property rights and specifically delegates to Congress authority to protect creative works. Unfortunately, LRFA closes the discussion about how best to protect property rights by resolving that terrestrial radio should never pay performance royalties on music broadcast on their stations used for raising advertising revenue. This is not equitable treatment for any musical artist or music distribution service." Accordingly, we urge Congress to refrain from supporting legislation like the so-called Local Radio Freedom Act. Instead, the law should allow the discussion to remain open about how best to protect the rights of both performers and writers in the creation of music. Read the letter in its entirety below. Or, download it by clicking here. ---------------------------------------------------------------------------------------------------------------------------------------- January 26, 2015 To Republican Members of the US House of Representatives: As organizations supporting property rights, we believe that artists who produce music deserve to hold real, effective rights to their products, including both the writer and performer of a given recording. If a given work is transmitted, common sense and basic fairness dictate that the medium of transmission should not affect the existence of these rights. Currently, however, a performer holds no effective rights to his or her product in terrestrial radio. Last year, H. Con. Res. 16, the Local Radio Freedom Act (LRFA) was introduced in the House. This resolution is a specific endorsement of the current regime, which offers no meaningful property rights to music performers in regard to transmission over terrestrial radio. For this reason we urge you to refrain from co-sponsoring the Local Radio Freedom Act, which sanctions the status quo, and has a chilling effect on the development of a forward-thinking policy that respects the rights of all music producers in all media. The Constitution protects private property rights and specifically delegates to Congress authority to protect creative works. Unfortunately, LRFA closes the discussion about how best to protect property rights by resolving that terrestrial radio should never pay performance royalties on music broadcast on their stations used for raising advertising revenue. This is not equitable treatment for any musical artist or music distribution service. Supporters of LRFA have argued that requiring terrestrial broadcast stations to pay a performance royalty is akin to a performance tax. This is incorrect; a performance royalty is not a tax. The definition of a tax is the transfer of wealth from a household or business to the government. Royalties go to rights holders, not to the government. It is completely within the rights of broadcasters to decide not to pay for the use of a performer’s song by not using the song. Paying a private citizen or business for the use of their property is clearly not a tax. Additionally, supporters of LRFA claim that the promotional value artists derive from having their music played on the radio exceeds compensation which would be due under a royalty. However, cable, satellite, and Internet pay a royalty for sound performances. In a free market, some copyright holders might decide to forego royalty payments in return for having their music on the radio. Nonetheless, these decisions should be made by the free market, not the government. Congress should not preclude a free market approach to royalty payments. We, the undersigned, urge you to refrain from supporting legislation like the Local Radio Freedom Act, and allow the discussion to remain open about how best to protect the rights of both performers and writers in the creation of music. Sincerely, Jeffrey Mazzella Andrew Langer Seton Motley Phil Kerpen, David Williams George Landrith |