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Recording artists rights debated in DeKalb
by Brian Egeston
be@brianwrites.com
Congressman Hank Johnson is upset. He resorted to name calling, challenges and public spats. But he didn’t throw the first punch. “I’m usually a pretty mild-mannered guy,” Johnson said at a recent panel discussion. “But now I’m mad.”
Johnson and other politicians and music industry professionals took part in a discussion about radio stations paying royalties to performing artists. The event was held at the Porter Sanford III Performing Arts and Community Center in Decatur.
On June 22, Johnson’s anger is aimed at recent radio ads broadcast nationwide claiming that Johnson, along with three other congressmen and a congresswoman, signed legislation that will signal the end of Black radio. The ads are running exclusively on radio stations operated by Radio One, which was founded by Cathy Hughes. On the ads, Hughes claims that legislation introduced by Congressman John Conyers would “murder Black-owned radio stations.” The legislation that Hughes is referring to is House Bill 848 also known as the Performance Rights Act.
Performance right is part of the copyright law that allows performers, such as artists and musicians, the right to be paid royalties when their work is played publicly such as on radio stations, Internet, cable and satellite radio.
Currently, performers in the United States have a digital performance right in their sound recordings–not a full performance right.
Corporate radio such as Radio One, Clear Channel and CBS are the only entities that do not pay a full performance rights. The current business model for radio stations is structured in such a way that stations allow listeners to hear music for free and advertising spots generate revenue for stations. With the advent of satellite, cable and Internet radio, advertising sales and listenership has declined for many radio stations.
If House Bill 848 becomes law, new provisions would be implemented into the performance act copyright. Over-the-air broadcast stations would use a statutory license and make one payment annually under a rate set through negotiations or by the Copyright Royalty Board for all the music played by the station, instead of having to negotiate with every copyright owner for each use of music. Small commercial stations would pay $5,000 per year. Noncommercial stations such as NPR, WCLK and college radio stations would pay $1,000 annually. Stations that make only incidental uses of music, such as talk radio stations, would not pay for that music nor would religious services that are broadcast on radio.
At the panel discussion June 22, Johnson and Conyers denied that they refused to meet with the radio owners and said they have tried to meet with them several times. Johnson said they tried to state their case to listeners by purchasing radio spots on some of Hughes’ radio stations. Conyers said Radio One would not allow them to purchase ad spots.
Hughes also claims in a radio ad that after Conyers and others signed the bill, three Black radio stations owned by Sheridan Communications were sold to the Catholic church as a result of the bill being introduced. The bill has not been put into law and cannot be enforced by any entity.
Hughes said in one of her ads that in the midst of this economic depression, Black radio stations simply do not have the financial ability to pay royalties. During the panel discussion, Johnson criticized Hughes because he claimed she gave Radio One CEO Alfred Liggins, who is also her son, a $10 million bonus. Hughes could not be reached for comment at press time.
A judiciary hearing will be chaired by Conyers July 9 in Washington. Hughes has been invited.
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