H.R. 861 (119th)Bill Overview

American Music Fairness Act of 2025

Commerce|Commerce
Cosponsors
Support
Republican
Introduced
Jan 31, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill amends Title 17 to create a public performance right for sound recordings in “audio transmissions,” explicitly including terrestrial (AM/FM) broadcasts under the statutory licensing framework. It directs the Copyright Royalty Judges to set rates for nonsubscription broadcast transmissions effective on enactment through December 31, 2028, with five-year repeats; establishes very low flat annual fees for qualifying small broadcasters; adjusts definitions and distribution rules for certain royalties; preserves songwriters’ rights; and instructs judges to consider promotional value when setting rates.

Why people may split

Progressives emphasize artist compensation and parity

Watch point

Relative to its intended legislative type, this bill is a clearly targeted statutory rewrite that largely supplies the specific legal language needed to extend performance-right coverage to terrestrial broadcasts, set royalty procedures and small-broadcaster exceptions, and adjust distribution rules.

The bill amends Title 17 to create a public performance right for sound recordings in “audio transmissions,” explicitly including terrestrial (AM/FM) broadcasts under the statutory licensing framework.

It directs the Copyright Royalty Judges to set rates for nonsubscription broadcast transmissions effective on enactment through December 31, 2028, with five-year repeats; establishes very low flat annual fees for qualifying small broadcasters; adjusts definitions and distribution rules for certain royalties; preserves songwriters’ rights; and instructs judges to consider promotional value when setting rates.

Passage30/100

Substantive redistribution of royalties is controversial; small-station concessions help but significant opposition from broadcasters and uncertain fiscal effects lower prospects.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a clearly targeted statutory rewrite that largely supplies the specific legal language needed to extend performance-right coverage to terrestrial broadcasts, set royalty procedures and small-broadcaster exceptions, and adjust distribution rules. It demonstrates strong legal integration and mechanism specificity but provides limited explicit fiscal acknowledgment and only moderate detail on enforcement, audit, and broader edge-case management.

Contention72/100

Progressives emphasize artist compensation and parity

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesFederal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitLimits compliance costs for many small stations via $10/$100/$500 flat annual fees.
  • Potential benefitRequires consideration of radio's promotional value, potentially reducing royalty rates when promotion is demonstrated.
  • Federal agenciesExtends federal performance rights to terrestrial radio, creating parity with internet services.
Likely burdened
  • Potential burdenIntroduces new operating costs for broadcasters that could reduce station profitability and budgets.
  • Potential burdenMay increase financial pressure on mid-sized stations excluded from small-station thresholds.
  • Federal agenciesExpands federal copyright reach into traditional broadcasting, reducing de facto industry exemptions.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize artist compensation and parity
Progressive90%

Likely supportive overall: the bill extends pay-for-play to recording artists and creates parity between terrestrial and digital services.

Supporters will praise small-broadcaster fee caps and the explicit protection for songwriters, while watching distribution rules and judge rate-setting closely.

Leans supportive
Centrist60%

Cautiously favorable: the bill addresses longstanding artist compensation concerns while including small-broadcaster protections and periodic review.

Centrists will emphasize careful rate-setting, fiscal impacts on local stations, and clear implementation rules to avoid unintended consequences.

Split reaction
Conservative20%

Likely opposed: the bill expands federal copyright obligations to terrestrial radio, imposing new fees and regulatory requirements.

While small-broadcaster caps mitigate impact, conservatives will view this as government-driven cost increases and potential interference with local media markets.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Substantive redistribution of royalties is controversial; small-station concessions help but significant opposition from broadcasters and uncertain fiscal effects lower prospects.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • Final royalty rates set by Copyright Royalty Judges
  • Aggregate fiscal impact on large broadcast groups
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize artist compensation and parity

Substantive redistribution of royalties is controversial; small-station concessions help but significant opposition from broadcasters and u…

Unlocked analysis

Relative to its intended legislative type, this bill is a clearly targeted statutory rewrite that largely supplies the specific legal language needed to extend performance-right coverage to terrestrial broadcasts, set r…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis