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WHEREAS terrestrial
radio broadcasters
currently enjoy a
unique government-created
exemption from
having to compensate
creators and owners
of sound recordings
for using their
music in business;
and
WHEREAS terrestrial
radio remains the
only radio platform
that does not
compensate the
creators and owners
of the sound
recordings it uses
in its broadcasts,
resulting in an
unfair government-mandated
economic advantage
over competitors;
and
WHEREAS the United
States remains the
only OECD country
that does not
provide a broadcast
performance right
for creators and
owners of sound
recordings; and
WHEREAS the United
States’ lack of a
performance right
means foreign
stations are not
required to pay for
the broadcast of U.S.
music (which
constitutes 30-50%
of their music
programming),
resulting in a loss
of millions of
dollars annually for
our national and
local economy; and
WHEREAS residents in
our States
participate in the
music industry and
are directly
affected by the lack
of a performance
right; and
WHEREAS fair and
responsible business
practice calls for
reasonable
compensation for use
of another’s product;
and
WHEREAS current law
does not provide any
right for creators
or owners to
negotiate for use of,
or compensation for,
their sound
recordings; and
WHEREAS broadcasters
do correctly pay
songwriters but not
the creators and
owners of the
recordings of the
same music; and
WHEREAS terrestrial
radio has grown into
a multi-billion
dollar industry by
using music to
attract advertising
revenue without
providing any
compensation to the
creators and owners
of those sound
recordings; and
WHEREAS terrestrial
radio stations
already receive free
broadcast spectrum
from the federal
government; and
WHEREAS terrestrial
radio’s public
interest obligations
are satisfied in
exchange for such
free broadcast
spectrum but do not
provide for free
music; and
WHEREAS payment for
the broadcast of
such music does not
constitute a “tax,”
but provides
appropriate
compensation for the
use of another’s
property; and
WHEREAS possible
promotion of a
product does not
excuse a business
from paying for the
use of that product;
and
WHEREAS sound
recording creators
and owners have
sought a broadcast
performance right
for more than 70
years;
THEREFORE LET IT BE
RESOLVED, that, in
recognition of the
significant
achievements and
offerings of our
State’s musicians,
singers, producers,
recording owners,
and others, and to
correct a
longstanding
inequity in our
federal law
resulting in
significant loss to
our economy and its
citizens, the NHCSL
calls upon policy
makers at all levels
of government,
including but not
limited to Congress
and the US Senate,
to support efforts
to adopt legislation
or take any actions
in support of The
Performance Rights
Act.
BE IT FURTHER
RESOLVED THAT, a
copy of this
resolution be sent
to members of the
U.S. Congress and
the U.S. Senate.
This resolution
was adopted on April
25, 2009, at the
National Hispanic
Caucus of State
Legislators
Executive Committee
Spring Meeting held
in Washington, DC.
Representative
Joseph Miró (DE),
NHCSL President
Sponsored By:
Representative Mara
Candelaria Reardon
(IN) |
