WATCH: Padilla Pushes for Passage of Bipartisan Bill to Compensate Artists for Radio Broadcasts

WASHINGTON, D.C. - Today, U.S. Senator Alex Padilla (D-Calif.) joined a Senate Judiciary Subcommittee on Intellectual Property hearing on his bipartisan American Music Fairness Act to ensure artists and music creators are paid for the use of their songs on AM/FM radio. The legislation, co-led by Senators Marsha Blackburn (R-Tenn.), Cory Booker (D-N.J.), and Thom Tillis (R-N.C.), would bring corporate radio broadcasters in line with all other music streaming platforms, which already pay artists for their music.

Padilla questioned witnesses including Kiss frontman Gene Simmons on the need to compensate artists for their individual creations as a crucial matter of fairness, especially with the costs of living rising across the country. He heard from Simmons about the importance of following the American tradition that if you work hard, you get paid for that work.

Padilla also heard from Michael Huppe, President & CEO at SoundExchange, about the benefits that artists, record labels, studio producers, background musicians, background vocalists, and engineers would receive from these royalties.

The United States is the only democratic country in the world in which artists are not compensated for the use of their music on AM/FM radio. By requiring broadcast radio corporations to pay performance royalties to creators for AM/FM radio plays, the American Music Fairness Act would close an antiquated loophole that has allowed corporate broadcasters to forgo compensating artists for the use of their music for decades.

Padilla emphasized that the bill does not diminish his strong support for local radio, which plays an essential role from facilitating emergency responses to uplifting local culture and news. In recognition of the important role of locally owned radio stations in communities across the United States, the American Music Fairness Act also includes strong protections and exemptions for small, college, and non-commercial stations.

Key Excerpts

• PADILLA: I think there's a misperception in the general public that most artists, if they kind of recognize the name, they must have made it, they're all on top of Mount Olympus. But that's not the case. So what I want to hear from you is to kind of reflect back to the earlier stages of your career. What would these type of royalty payments mean for emerging artists who are trying to build their careers?

• GENE SIMMONS: Every little bit helps. At the outset, I understand that a brand-new artist isn't necessarily going to help a radio station get to a point. But perhaps, I scratch your back, when they get bigger, they'll be more appreciative of WXRP or whatever that's called and say, you were there for me then. … It's about relationships. But if you work hard, the American way is you must get paid. You cannot verbally or otherwise ethically, morally, and perhaps, once this bill is passed, legally validate the notion that somebody who works hard is going to get nothing, while a corporate entity, well-meaning though it may be, is receiving $14 billion just this last year.

• PADILLA: We've focused on radio station owners, the broadcasters, we've focused on artists, are there other folks in the industry who stand to benefit from this bill, as Mr. Simmons says, not if but when it is passed and signed into law? Do producers get impacted one way or the other, engineers, other behind-the-scenes folks?

• MICHAEL HUPPE: The answer, Senator, is yes, this impacts the entire recorded side of the business. Many people participate in the creation of a recording. It's a huge part, it's a huge investment for the industry. It's what we all listen to when we turn on the radio. It's artists and record labels, studio producers, background musicians, background vocalists, engineers. It's a very hard job to bring a successful recording to the world. And all of those folks would benefit from this bill.

The American Music Fairness Act is endorsed by the Recording Academy, SAG-AFTRA, the American Association of Independent Music, the MusicFirst Coalition, the Recording Industry Association of America, SoundExchange, and the American Federation of Musicians.

Full text of the bill is available here.

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