AFL-CIO Joins the Fight to Pass the Performance Rights Act

Posted December 08, 2009
1:00 PM PST

On Dec. 1, AFL-CIO President Richard L. Trumka sent two letters to members of Congress – one to Senators, one to Representatives – asking them to support the Performance Rights Act, a piece of bipartisan legislation that seeks to correct the fact that the U.S. is the only developed country on the planet that does not recognize the right of performers to be compensated when their music is played on broadcast radio. Trumka writes, "This issue, a basic fight for fairness for working people, is what the Labor Movement was founded on and we are fully committed to victory.”  AM and FM music radio stations earn billions every year without compensating the artists and musicians who bring music to life and listeners’ ears to the radio dial. Other radio platforms – satellite radio, Internet radio and cable TV music channels – already pay a performance royalty. AM and FM radio stations that stream their signal on the Internet – same music, same DJs, same ads – also pay a performance royalty for their online use. Additionally, although radio stations around the world pay performance royalties, because the U.S. does not recognize this right for American performers, those monies are never paid to them. The Performance Rights Act will close a loophole in the U.S. Copyright Act by requiring that broadcast radio compensates all artists for playing their music on AM and FM radio stations and will repatriate hundreds of millions of dollars back into the U.S. economy.

Under the provisions of the Performance Rights Act, more than three-quarters of music radio stations will pay just $5,000 a year or less a year to clear the rights for all the music they use, while some will pay as little as $100 a year. 

In his letter to the Hill, Trumka appeals directly to members who have co-sponsored the National Association of Broadcaster’s non-binding resolution opposing a radio performance right. He writes, “I am now asking Members who signed resolutions in support of the broadcasters to take a second look at the issue given these changes to the legislation – there is simply no argument to be made any longer about financial hardships for broadcasters.”

“AFTRA is a proud affiliate of the AFL-CIO and today we applaud President Trumka and the AFL-CIO’s support for this critical piece of legislation,” said AFTRA President Roberta Reardon. “If passed into law, the Performance Rights Act will vastly improve the lives of many AFTRA members across the country, especially the thousands of artists who either are not celebrity performers or whose antiquated record deals have not sustained them into their elder years.

“Furthermore, AFTRA members also work as radio station employees and since the proposed legislation gives significant accommodations to low revenue generating radio stations, we believe that Performance Rights Act is a win for both radio and recorded music,” stated Reardon, who also sits as a vice-president on the AFL-CIO Executive Council.

In 2007, the AFTRA Broadcasters Caucus, comprised of members who work in broadcasting industry, unanimously endorsed the legislation at the 70th Anniversary AFTRA National Convention. This past summer, the Coalition of Black Trade Unionists (CBTU), the A. Philip Randolph Institute (APRI) and the NAACP all endorsed the bill, saying it would not hurt black radio and that musicians, like all workers, deserve to be paid a fair wage. The U.S. House and Senate Judiciary Committees both previously approved the legislation earlier this year.

AFTRA members who have spoken out on Capitol Hill about establishing a performance right on terrestrial radio include will.i.am, Sheryl Crow, George Clinton, Bob Bailey, Dan Navarro, Judy Collins, Lyle Lovett, Alice Peacock, Ray Benson, Sam Moore, Martha Reeves of Martha and the Vandellas, Duke Fakir of the Four Tops, Dionne Warwick, Billy Corgan, Sheila E. and many others. Additionally, thousands of AFTRA members have contacted their representatives in Congress in support of the Performance Rights Act in response to the AFTRA activist e-mail alerts sent by the union.

The musicFirst Coalition placed a full page ad in the Dec. 7 issue of “Roll Call,” a weekly publication covering Capitol Hill, urging Speaker Nancy Pelosi and Senate Majority Leader  Harry Reid to support and pass the Performance Rights Act. The ad was co-signed by AFTRA and other organizations including the AFL-CIO, AFM, NAACP, Coalition of Black Trade Unionists, League of Rural Voters and many others. Click here to see the ad on AFTRA.com.

AFTRA is a member of the musicFIRST Coalition, which is a partnership of both artists and organizations in the music community who support compensating performers for their work when it is played over the air. As an early proponent of establishing a performance right in terrestrial radio, AFTRA continues to champion efforts to assure that all artists, including featured artists, background singers, and session musicians, receive fair pay for air play.

Click here to read Trumka’s letter to the House.
Click here to read Trumka's letter to the Senate.
Click here to see a copy of the AFL-CIO & NAACP ad in “Roll Call.”

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