Performance Rights Act

After doing extensive research about the Performance Rights Act, I decided to do my discussion on an article I found called “H.R. 848, The Performance Rights Act: The Recording Industry’s Saving Grace?” by author Nyasha Shani Foy from New York Law School. February 2009 Congressman John Conyers, Jr introduced H.R. 848, The Performance Rights Act in the U.S. House of Representatives. This law proposes to expand copyright protection for sound recordings and require Analog and AM, FM radio stations to pay for the use of sound recordings. If enforced H.R. 848 will deliver another source of revenue for copyright holders, musicians, and performers.

Nyasha’s position on the bill is of a neutral nature, Nyasha states in her conclusion that HR 848 is not a perfect solution. She goes on to say the legislation demonstrates the congress commitment to intellectual property issues. In addition she states that regardless of what happens the HR 848 will remain an important piece of legislation for all IP industry professionals. Nyasha’s position of the bill was well thought out and researched. Reading the bill you can see ripple effects that can happen if the bill is passed, thus showing just how imperfect the bill really is. As Nyasha said congress shows their dedication to IP issues in hopes of strengthening our country. A profound review and edit of this bill will make the HR848 become more realized. Regardless of the outcome, many parties will remember the IP HR848 bill.

The HR848 Presents many benefits and harms if the bill should come to pass. One major benefit would be another revenue stream for copyright holders, musicians, and performers for the use of their sound recordings on radio stations. On the down side radio stations would find it hard to pay out those extra fees on top of what they already pay. In addition the fee increase would make Indie artist have a income while not being on a major label but would make radio stations more cautious about trying out someone not mainstream on the radio.

I believe that the IP HR848 will be helpful for Indie artists and support record labels financially, but will come at a cost for some smaller radio stations with less advertising to support them. I say if the bill can be seen on equal grounds for us all then I support it. The industry is about innovation so if you can’t adapt then what was your worth in the first place.


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