Performer Rights for Radio

February 26, 2008

CONTACT: Marty Machowsky

martin.machowsky@edelman.com

202-326-1702

WASHINGTON, D.C., February 26 – More than 6,000 international artists from more than 15 countries today delivered a petition to Congress urging the prompt enactment of legislation to close a loophole in U.S. law and grant artists, musicians and record labels in the United States a right to be compensated when their music is played on FM and AM radio.

In a declaration of solidarity and an indication of the depth of support in the music community for securing a long-sought performance right on radio, thousands of artists add their names to a diverse coalition within the U.S. music community – the musicFIRST Coalition – advocating a change in U.S. policy. Artists from Australia, Austria, Argentina, Finland, Greece, Hong Kong, Ireland, Mexico, Norway, Portugal, Singapore, Sweden, Taiwan and the United Kingdom signed the petition.

“It is encouraging that so many performers from across the world have taken the time to voice their support for their American friends and colleagues,” said John Smith, president of the International Federation of Musicians (FIM). “Many of the musicians represented within FIM globally depend on airplay royalties for a significant part of their livelihoods. They deserve a fair deal from commercial radio in the US. In FIM’s view, it is unfair that the US is the only western free market country that does not grant a broadcasting right so that performers can get paid a fare share of airplay royalties.”

For decades, over-the-air AM and FM broadcasters have enjoyed an exemption from current copyright law which requires satellite radio, cable music channels, and Internet webcasts to pay a royalty for the use of a musical performance. The United States is the only member country of the Organisation of Economic Cooperation and Development (OECD) that currently does not grant artists, musicians and labels a performance right. That leaves the U.S. in the select, ignoble company of nations like China, Iran and North Korea.

The petitions will be delivered to Sen. Patrick Leahy (D-Vt.) and Rep. Howard Berman (D-Cal.), who, along with Sen. Orrin Hatch (R-Utah) and Rep. Darrell Issa (R-Cal.), introduced the “Performance Rights Act of 2007” in the U. S. House and Senate (H.R. 4789 and S. 2500). The petition will also be delivered to members of the House and Senate Judiciary Committees.

The petition reads, in part –

“From the aspiring career musician to the well-known star, performers today are being denied the payments in the U.S. that we receive in virtually every other country in the world. No other free-market nation in Europe or North America fails to pay broadcast royalties to artists and performers. It is ironic that the U.S. government, which proudly fights to protect the rights of artists and musicians in foreign countries, is today failing artists and musicians in its own back yard. We ask legislators in the U.S. to deliver a fair deal for artists when their music is played on the radio. We do not seek any subsidies or special favours; all we ask for is for fair payment from the people that exploit our work to generate their own successful businesses.”

“This extraordinary and impressive array of artists is a testament to the inequity of current U.S. laws and the commitment of performers to finally closing this outrageous loophole,” said Doyle Bartlett, Executive Director of the musicFIRST Coalition. “These petitions will help make the case to Congress that the disparity in treatment of U.S. artists as compared to virtually every other nation in the world is shameful and deserves to be reformed immediately.”

The signature drive was led overseas by PPL, the U.K. equivalent of SoundExchange, and IFPI, the global trade organization of the recording industry. National bodies representing the music community are also backing the campaign, such as AIE – Spanish Performers Collecting Society – which represents 14,000 performing artists in Spain.

“No one tunes into the radio to listen to the commercials, yet corporate radio stations are making billions of dollars attracting listeners with our music and they don’t pay for it,” said Bartlett.

A copy of the petition and list of international artist signatories can be found here: http://www.musicfirstcoalition.org/assets/press/InternationalPetitionandArtistList.pdf.

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People who love music understand that creativity, talent and hard work are required to bring it to life. The goal of the musicFIRST (Fairness in Radio Starting Today) Coalition is to ensure that aspiring performers, local musicians and well-known artists are compensated for their music when it is played both today and in the future. Of all the ways we listen to music, corporate radio is the only one that receives special treatment. Big radio has a free pass to play music – refusing to pay even a fraction of a penny to the performers that brought it to life. The musicFIRST (Fairness in Radio Starting Today) Coalition is committed to making sure everyone, from up-and-coming artists to our favorites from years-ago, is guaranteed Fair Pay for Air Play. For more information on the musicFIRST (Fairness in Radio Starting Today) Coalition please visit www.musicFIRSTcoalition.org.

Supporting organizations include: American Association of Independent Music (A2IM), American Federation of Musicians (AFM), American Federation of Television and Radio Artists (AFTRA), Christian Music Trade Association (CMTA), Music Managers Forum – USA (MMF- USA), The Latin Recording Academy, The Recording Academy, The Rhythm & Blues Foundation, Inc, Recording Artists’ Coalition (RAC), Recording Industry Association of America (RIAA), Society of Singers, SoundExchange and Vocal Group Hall of Fame.

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