Performance Rights Act
Encyclopedia
On February 4, 2009, Congressman John Conyers, Jr.
introduced H.R. 848, the Performance Rights Act in the U.S. House of Representatives, 111th Congress. The
Bill was referred to the House Judiciary Committee and on December 14, 2010, it was placed on the Union Calendar, Calendar No. 405. Under this Bill's version, performance rights was broadly designed to protect the civil rights of minority, religious, rural, and small communities with components to public access and education.
Musician George Clinton
has spearheaded the H.R. 848 initiative through his foundation, Mother's Hip Connection Education Foundation, with public awareness educational campaigns on copyright recapturing and reclaiming royalties for children of civil rights era musical performers.
The Performance Rights Act is an amendment to United States copyright law
proposed by Senator Patrick Leahy
. The bill would expand the protection for public performances
of copyrighted sound recordings.
Under the Digital Performance Right in Sound Recordings Act
, sound recordings have a limited public performance right in digital transmissions, such as webcast
ing. This bill would expand the performance right to cover terrestrial broadcasts, such as AM/FM radio
. The bill is both strongly contested and supported. Artists who support the bill argue that it properly compensates performing artists. Broadcasters who oppose the bill argue that the performance right is unnecessary and overly burdensome.
proposed legislation (H.R.4789) also entitled the Performing Rights Act. That bill included a provision to establish a flat fee for non-profit radio stations, or stations that make less than $1.25 million in gross revenue. Still, broadcasters opposed this bill because of the potential increase in transaction cost
for operating a radio.
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
introduced H.R. 848, the Performance Rights Act in the U.S. House of Representatives, 111th Congress. The
Bill was referred to the House Judiciary Committee and on December 14, 2010, it was placed on the Union Calendar, Calendar No. 405. Under this Bill's version, performance rights was broadly designed to protect the civil rights of minority, religious, rural, and small communities with components to public access and education.
Musician George Clinton
George Clinton (musician)
George Clinton is an American singer, songwriter, bandleader, and music producer and the principal architect of P-Funk. He was the mastermind of the bands Parliament and Funkadelic during the 1970s and early 1980s, and launched a solo career in 1981. He has been cited as one of the foremost...
has spearheaded the H.R. 848 initiative through his foundation, Mother's Hip Connection Education Foundation, with public awareness educational campaigns on copyright recapturing and reclaiming royalties for children of civil rights era musical performers.
The Performance Rights Act is an amendment to United States copyright law
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
proposed by Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
. The bill would expand the protection for public performances
Performing rights
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher . Public performance means that a musician or group who is not the copyright holder is performing a piece of music live, as opposed to the...
of copyrighted sound recordings.
Under the Digital Performance Right in Sound Recordings Act
Digital Performance Right in Sound Recordings Act
The Digital Performance Right in Sound Recordings Act of 1995 is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform the copyrighted work publicly by means of a digital audio transmission.” The DPRA was enacted in response to the...
, sound recordings have a limited public performance right in digital transmissions, such as webcast
Webcast
A webcast is a media presentation distributed over the Internet using streaming media technology to distribute a single content source to many simultaneous listeners/viewers. A webcast may either be distributed live or on demand...
ing. This bill would expand the performance right to cover terrestrial broadcasts, such as AM/FM radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
. The bill is both strongly contested and supported. Artists who support the bill argue that it properly compensates performing artists. Broadcasters who oppose the bill argue that the performance right is unnecessary and overly burdensome.
Previous Bills
In 2007, Howard BermanHoward Berman
Howard Lawrence Berman is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party. He earlier served in the California State Assembly from 1974 to 1982, and as the U.S...
proposed legislation (H.R.4789) also entitled the Performing Rights Act. That bill included a provision to establish a flat fee for non-profit radio stations, or stations that make less than $1.25 million in gross revenue. Still, broadcasters opposed this bill because of the potential increase in transaction cost
Transaction cost
In economics and related disciplines, a transaction cost is a cost incurred in making an economic exchange . For example, most people, when buying or selling a stock, must pay a commission to their broker; that commission is a transaction cost of doing the stock deal...
for operating a radio.