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Congress, Intellectual Property

Tuesday, May 19, 2009 8:09 PM

Amid protests by black radio stations back home in Detroit and growing opposition on Capitol Hill, House Judiciary Chairman John Conyers is stressing important carve-outs in a bill he introduced that would end a long-standing royalty exemption for AM and FM broadcasters. Conyers, whose committee approved his bill last week, released a statement Tuesday touting modifications he made to the bill with the help of Congressional Black Caucus members. The amended measure creates a sliding scale where small stations would pay as little as $500 a year. Three-quarters of America's radio stations will be eligible for the scale and 90 percent of black-owned stations would be protected, he said. Additionally, all music stations that gross less than $1.25 million annually will be eligible for a flat fee.

Due to the current economic conditions that have hit both musicians and broadcasters particularly hard, he and his colleagues changed the bill so stations that gross more than $5 million per year will be on the hook for payment one year after enactment. For stations that gross less than $5 million per year, no royalties will be due for three years. "I know times are tough, and it is not the intention or goal of this legislation to drive broadcasters into bankruptcy or to bring about a widespread consolidation of the industry. That is why I have been, and remain, committed to finding a middle ground on this issue," Conyers said.

To further sweeten the pot, Conyers, Judiciary ranking member Lamar Smith and others requested that the Government Accountability Office conduct a study on the impact of the legislation on diversity in media, including minority and minority-owned, female and female-owned, and religious broadcasters and artists. The bill would direct the Copyright Royalty Board to factor in the study's results when determining the rate, so that the impact on minority, female, and religious broadcasters and artists will be taken into account. The compromises earned Conyers the support of the Leadership Conference on Civil Rights, the NAACP and a number of unions.

At the same time, a nonbinding resolution sponsored by Reps. Gene Green, D-Texas, and Mike Conaway, R-Texas, opposing the legislation earned the support of several new House members, bringing the number to 200. "Lawmakers are growing increasingly skeptical over record label claims that this legislation is about 'helping artists'," a National Association of Broadcasters spokesman said. Last week, Radio One founder Cathy Hughes wrote an open letter slamming the Conyers measure. "Tell him that you oppose this bill that would murder black-owned radio and the free music that you now hear on all free radio stations," she wrote. "This bill is not in the interest of black people! Please help us save black radio!" Duke Fakir, a founding member of Motown's Four Tops and a supporter of the Conyers bill is angry about the protests and particularly miffed with Hughes.

3 Responses

Wednesday, June 16, 2010

The compromises earned Conyers the support of the Leadership Conference on Civil Rights, the NAACP and a number of unions.army surplus

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Sunday, May 30, 2010

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stacey moffet

Friday, May 22, 2009

I'm for the bill to pass

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