Skip to main content

Awareness of Fairness: Time to Pay the Piper

June 12, 2009

Some radio stations are using the airwaves to conduct a smear campaign against Rep. Hank Johnson (GA-04) and other members of Congress, who recently voted for the Performance Rights Act [PRA]. Also known as H.R. 848, the bill would pay artists when radio stations play their music. Unfortunately, folks have been misled this past month on some Atlanta stations that claim I want to ?tax? and ?murder? Black radio. Do not believe the hype ? these ads are absurd and here?s why. AM and FM radio stations don?t pay artists or musicians when their music is played over the air ? not a single dime, not for a single song. That?s because there?s a loophole in U.S. Copyright law that allows radio stations ? which make $16 billion a year in advertising revenue ? to use artists? property without paying them. Satellite, cable and Internet companies pay royalties to artists, so why is AM and FM exempt? Is that fair? I?ve spent my career fighting for fairness and have long championed the rights of the underrepresented. I believe it?s crucial that we preserve, protect and enhance Black radio, and all radio and media for that matter. But contrary to what you?re being told, this bill ? which is not law ? will not shut down Black stations nor would it destroy Black radio. Instead, it would help artists of all stripes, who for years have been denied their just compensation. Sure radio promotes artists, but should that shield them from paying for a product they profit from? The N.F.L. benefits from having its games broadcast on TV ? pushing fans to attend games and buy merchandise ? but stations pay billions for those broadcast rights. How is this different? H.R. 848 would establish equity for recording artists ? paying fair compensation for their creativity, while mitigating its economic impact. The PRA would require radio stations to pay royalties to artists, but the issue is being manipulated by corporate interests. They?re telling you this bill would ?murder Black radio,? but I and other members of the Congressional Black Caucus made sure it accommodates small, minority-owned radio stations. Stations with less than $1.25 million in annual revenues ? which is 75 percent of all stations nationwide ? would pay just $5,000 a year for all the music they play. Smaller stations would pay $100 a year and public radio, college radio, and nonprofit religious radio stations would pay less or nothing. There is also consideration of the recession and no payment will be required from stations that make less than $5 million annually for three years. The ads would have you believe they cannot afford to pay performers, but when radio executives who make millions in bonuses tell you we are taxing or killing Black radio take a closer look. This isn?t about radio or Congress ? it?s about fairness ? fairness to the artists whose music is played for free. The United States is among only a handful of nations ? including China, North Korea and Iran ? that do not pay royalties to performers. AM and FM stations here do pay a fee to the writers of the songs, but not the performers. All other nations pay royalties to both the writer and performer of music. Contrary to what they?d have you believe, this bill would not send money to foreign ?fat-cat? record labels, but the PRA guarantees royalties are divided evenly between artists and copyright owners ? including minority-owned and small record labels. Recording artists have tried to buy airtime on these stations to tell their side but have been refused. Ask yourself why? If we?re trying to ?kill? Black radio then why does the NAACP, the A. Phillip Randolph Institute, the Leadership Conference on Civil Rights, the AFL-CIO and the Communication Workers of America, among many others, support of this bill? This is a simple issue of fairness.