The Word “If” is for Losers: Gene Simmons Nails It on American Music Fairness Act

Senator Marsha Blackburn and Gene Simmons testified today at the Senate Judiciary Committee on fixing artist pay for radio play with the American Music Fairness Act—both knocked it out of the park. As Senator Blackburn said very clearly, corporate radio wants to be treated as a special and protected class for no good reason. As she said, the creative community has waited a very long time for fair treatment.

Now Gene Simmons…lived up to his billing. Absolutely charming and emphatic about driving AMFA through the tape. Has to be seen to be believed and absolutely electrifying. As he said, artists need radio and radio needs artists. “Let’s get with it” NAB.

You can watch the entire hearing above or Gene’s written testimony and highlight reel below.

Gene Simmons and the American Music Fairness Act

Gene Simmons is receiving Kennedy Center Honors with KISS this Sunday, and is also bringing his voice to the fair pay for radio play campaign to pass the American Music Fairness Act (AMFA).

Gene will testify on AMFA next week before the Senate Judiciary Committee. He won’t just be speaking as a member of KISS or as one of the most recognizable performers in American music. He’ll be showing up as a witness to something far more universal: the decades-long exploitation of recording artists whose work powers an entire broadcast industry and that has never paid them a dime. Watch Gene’s hearing on December 9th at 3pm ET at this link, when Gene testifies alongside SoundExchange CEO Mike Huppe.

As Gene argued in his Washington Post op-ed, the AM/FM radio loophole is not a quirky relic, it is legalized taking. Everyone else pays for music: streaming services, satellite radio, social-media platforms, retail, fitness, gaming. Everyone except big broadcast radio, which generated more than $13 billion in advertising revenue last year while paying zero to the performers whose recordings attract those audiences.

Gene is testifying not just for legacy acts, but for the “thousands of present and future American recording artists” who, like KISS in the early days, were told to work hard, build a fan base, and just be grateful for airplay. As he might put it, artists were expected to “rock and roll all night” — but never expect to be paid for it on the radio.

And when artists asked for change, they were told to wait. They “keep on shoutin’,” decade after decade, but Congress never listened.

That’s why this hearing matters. It’s the first Senate-level engagement with the issue since 2009. The ground is shifting. Gene Simmons’ presence signals something bigger: artists are done pretending that “exposure” is a form of compensation.

AMFA would finally require AM/FM broadcasters to pay for the sound recordings they exploit, the same way every other democratic nation already does. It would give session musicians, backup vocalists, and countless independent artists a revenue stream they should have had all along. It would even unlock international royalties currently withheld from American performers because the U.S. refuses reciprocity.

And let’s be honest: Gene Simmons is an ideal messenger. He built KISS from nothing, understands the grind, and knows exactly how many hands touch a recording before it reaches the airwaves. His testimony exposes the truth: radio isn’t “free promotion” — it’s a commercial business built on someone else’s work.

Simmons once paraphrased the music economy as a game where artists are expected to give endlessly while massive corporations act like the only “god of thunder,” taking everything and returning nothing. AMFA is an overdue correction to that imbalance.

When Gene sits down before the Senate Judiciary Committee, he won’t be wearing the makeup. He won’t need to. He’ll be carrying something far more powerful: the voices of artists who’ve waited 80 years for Congress to finally turn the volume up on fairness.

A New Twist in the AM Radio Debate: Why Tying AM Mandates to AMFA Is a Game-Changer #IRespectMusic

The latest twist in the long-running AM radio saga comes from a new alliance: cars and music. Automaker trade groups Alliance for Automotive Innovation, Consumer Technology Association, and Zero Emission Transportation Association are shoulder to shoulder with the musicFIRST Coalition and SoundExchange in urging Congress to link the “AM Radio in Every Vehicle Act” with the American Music Fairness Act (AMFA). If we’re going to mandate AM radios be placed in new cars then music played on those radios should pay the people who made that music. It’s unfair and fundamentally inconsistent to require one without the other, so broadcasters should pay artists.

What Is the American Music Fairness Act?

If you haven’t run across it yet, AMFA is bipartisan legislation sponsored by our champion Senator Marsha Blackburn in the Senate and our long-time ally Rep. Darrell Issa in the House of Representatives that would finally require AM/FM radio stations to pay performance royalties to recording artists and performers when their recordings are played over the air. Currently, the U.S. remains the only democracy that allows terrestrial radio to make billions from music without compensating performers.

Why Artists Get Left Out

As incredible as it may seem, under U.S. copyright law, terrestrial radio must pay songwriters and publishers—but not performers or sound recording rights holders. That means backup singers, session musicians, and producers receive zero compensation, even when their work drives–literally–billions in broadcast revenue. This is what allows the National Association of Broadcasters shillery to claim “we pay for music” and then try to pit artists against songwriters. That dog won’t hunt, but that never stops them from trying.

The musicFIRST Coalition, including SoundExchange and tons of artists and creators, has been front and center pushing Congress to close this loophole for years and we have been right there with them along with our friend Blake Morgan and his #IRespectMusic campaign.

 

“Mandating AM radio without addressing the performance royalty issue would perpetuate an inequity that denies hundreds of millions of dollars in compensation to countless recording artists every year. Congress should not pass a mandate for radio without ensuring appropriate royalties for artists… They deserve to have their hard work respected and valued with fair compensation — like they receive in every other industrialized country.”
SoundExchange CEO Michael Huppe


The Math on AMFA

  • U.S. radio plays over 240 million songs annually without compensating performers
  • The music industry could gain an estimated $200–300 million annually if Americans were paid for domestic and foreign broadcast plays 
  • Aligns U.S. copyright with global norms—terrestrial radio already pays performers in virtually every other developed nation.

What is to be done

If Congress is going to mandate AM radio in every car, it can’t ignore the rights of the very artists who create the content. By demanding performance royalties through AMFA, we can preserve public safety benefits while ensuring creators are paid for their work. This is a rare chance for Congress to get it right—fairness and infrastructure can go hand-in-hand.

If you believe artists deserve fairness when their music plays on the radio, now is the time to act:

  1. Sign the letter to Congress. The musicFIRST Action Center has made it easy—just a few clicks to add your name. 
  2. Call your Senator and Representative and tell them to support both:
    • American Music Fairness Act (H.R. 861 / S. 326)
    • AM Radio in Every Vehicle Act—(S. 315 / H.R. 979–but only inclusive of performance royalties
  3. Spread the word on social media with tags like #PassAMFA#FairPayForArtists#IRespectMusic

@ArtistRights Institute Newsletter 2/17/25

The Artist Rights Institute’s news digest Newsletter

#FreeJImmyLai: Update on Chinese Communist Party Free Speech Enemy No. 1: Jimmy Lai, the Hong Kong publisher of Apple Daily

Why case of jailed Briton Jimmy Lai is major sticking point for [UK Prime Minister] Keir Starmer’s relations with China (Sky News/Alix Culbertson)

American Music Fairness Act

@MARSHABLACKBURN, @REPDARRELLISSA, COLLEAGUES REINTRODUCE AMERICAN MUSIC FAIRNESS ACT TO ENSURE ARTIST PAY FOR RADIO PLAY #IRESPECTMUSIC #AMFA (MusicTechPolicy/Editor Charlie)

Copyright Royalty Board

What Must be Done in CRB 5? (MusicTechSolutions/Chris Castle)

Copyright

The MTP Interview: Attorney Tim Kappel and Abby North Discuss Vetter v. Resnick with Chris Castle

First of Its Kind Decision Finds AI Training Is Not Fair Use (Copyright Alliance/Kevin Madigan)

‘Mass theft’: Thousands of artists call for AI art auction to be cancelled. (The Guardian/Dan Milmo)

Artificial Intelligence in China

Featured Translation:  China’s most humble profession is being squeezed out by Artificial Challenged Intelligence(ChinaAI/Jeffrey Ding)

Great Power Competition in AI

It’s Not Just Technology: What it Means to be a Global Leader in AI (Just Security/Kayla Blomquist and Keegan McBride)

AI, Great Power Competition & National Security (MIT Press/Daedalus/Eric Schmidt)

AI at a Geopolitical Crossroads: The Tension Between Acceleration and Regulation (US Institute for Peace/Andrew Cheatham)

Press Release: @RandyTravis and @MikeHuppe to Testify on Capitol Hill June 26th on Artist Pay for Radio Play #IRespectMusic

House IP Subcommittee slated to hold American Music Fairness Act hearing on Wednesday, June 26th, watch at this link.

WASHINGTON D.C. (June 20, 2024) – Country music icon Randy Travis and SoundExchange CEO and President Michael Huppe will testify before the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet, next Wednesday, June 26, for a hearing entitled, “Radio, Music, and Copyrights: 100 Years of Inequity for Recording Artists.” Travis and Huppe will take questions from lawmakers on the American Music Fairness Act (H.R. 791) – bipartisan, bicameral legislation that will close a century-old loophole and require AM/FM radio stations to pay artists royalties when their songs are played on the air. Travis will also be in Washington advocating for protecting music creators around the advancement of Artificial Intelligence (AI).

The two issues are especially relevant for Travis, who suffered a stroke in 2013 that has prevented him from continuing to keep up a rigorous touring schedule that had been a primary source of income for decades. Last month, Travis released his first new song since the stroke, “Where That Came From,” with the use of groundbreaking – and artist-sanctioned – AI tools.

“Royalties are critical for survival in today’s music industry, and that’s especially true for working class musicians and performers who are not able to tour,” said Travis. “The American Music Fairness Act will make a real difference in the lives of working musicians – not just big-name artists, but folks all around the country who play on albums or sing backup vocals on top of a nine-to-five job. I’m looking forward to this hearing and talking about the urgent need for Congress to pass this bill and level the playing field for creators.”

AM/FM radio remains the most popular music delivery platform in the U.S., reaching nearly 300 million people (88% of the country) each week while playing an estimated 967 million songs each year.

“I’m honored to testify alongside Randy Travis, a true legend in the history of American music,” added Huppe. “Randy has faced incredible challenges throughout his career, and his resilience in the face of adversity is a model to all of us. The American Music Fairness Act would end a 100 year era of unfair treatment to the creators of the music that feeds the most popular music delivery platform in our country.

The American Music Fairness Act was introduced in the U.S. House by U.S. Representatives Darrell Issa (R-CA) and Jerry Nadler (D-NY), and in the U.S. Senate by Senators Alex Padilla (D-CA) and Marsha Blackburn (R-TN). The legislation offers a balanced solution that ensures music creators are fairly compensated when their songs are played on AM/FM radio and that small, independent broadcasters are able to thrive. The legislation enjoys support from a diverse coalition of artists, broadcasters, labels, and music lovers:

• Broadcasters, such as the Alliance for Community Media, Common Frequency, Media Alliance, the National Federation of Community Broadcasters (NFCB), Prometheus Radio Project, and REC Networks – which represent a broad coalition of community broadcasters – also support AMFA.
• Artists from Gloria Estefan to Dionne Warwick to David Byrne to Common to Sammy Hagar – and thousands more – have voiced their support for AMFA.
• Every Democratic and Republican administration since President Carter has supported a performance right for sound recordings in the U.S.
• Americans support passing a law to give artists performance royalties for AM/FM radio plays by a 4:1 ratio.

In the fight for AI Justice, “The music industry is the tip of the spear” @MikeHuppe #IRespectMusic

Get smart about the NO AI Fraud Act with this MTP Mini Brief on the NO AI Fraud Act.

@mikehuppe on American Music Fairness Act #IRespectMusic

We’re still looking for the phalanx of industry leaders making this point about the irony of broadcasters enriching themselves at the expense of songwriters when they don’t pay artists–so far it’s just Mr. Huppe who has been here with us before. Complete Music Update has the story:  iHeartMedia confirms incoming $100 million pay day as a result of BMI sale

The boss of US record industry collecting society SoundExchange has used the news that iHeartMedia will make $100 million from the sale of BMI to again call for politicians to back the American Music Fairness Act.

SoundExchange CEO Michael Huppe wrote on Twitter: “The irony of a radio giant profiting millions while underpaying performers is yet another reason why the American Music Fairness Act is so vital for #MusicFairness”.

@MikeHuppe: Protecting the Creative Class

Guest post By Mike Huppe
President & CEO at SoundExchange

Creators – whether they be writers, actors, or musicians – are the heart of the entertainment industry. They inspire us with their words, move us with their performances, and get our blood pumping with their beats. 

Now two of the major unions representing creators – the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA) – have gone on strike to make the case for better pay and residuals, improved working conditions, fairer treatment in the age of streaming, and protections against the widespread use of artificial intelligence to replace creators. 

This is the first time that writers and actors have gone on strike at the same time since 1960, and it has brought the movie and TV industry to a virtual standstill. After cable increased content to fill a new crop of channels, streaming platforms fueled an explosion of new series and features to feed a new business model. Now, production has ground to a halt and the availability of new movies and shows will dwindle in the coming days, weeks, and months.

At its core, this dispute is about ensuring that, even as business models evolve and change, creators are treated fairly so they can continue to do the work that brings meaning to them and joy to us.

At SoundExchange, we love creators. We champion their work. We’ve seen the music industry go through technology-driven disruption (just as the motion picture industry is now), and we were created to ensure that streaming music business models enable creators to make a living doing what they do best. We’ve been fighting for 20 years to build a fairer, simpler, and more efficient music industry – by successfully increasing royalty rates across a variety of platforms; by holding accountable those who seek to cheat creators; by increasing the speed and transparency of payments, and by scoring a big win for music creators with the Music Modernization Act in 2018 (which provide comprehensive music licensing reform).

And we continue to fight these battles.

As streaming matures and new royalty models are debated, and as technology platforms evolve in Web3 and the metaverse, SoundExchange will remain a strong and vocal voice to ensure creators are fairly compensated. As artificial intelligence improves and matures at an astounding rate, SoundExchange became a founding member of the Human Artistry CampAIgn to demand that the rights of human creators are at the center of any copyright and intellectual property decisions, and we are proud that both SAG-AFTRA and the Writers Guild of America (WGA) are among the coalition’s members.

And it’s worth noting that music performers are still not compensated – at all — for their work when played on AM/FM broadcast radio. For this reason, SoundExchange is a driving force in the effort to convince Congress to act on the American Music Fairness Act, which would require multi-billion-dollar radio corporations to pay performance royalties like digital streaming platforms do.

So, to the creators out there on strike, we say this. We stand with you and hope that these disputes can be resolved quickly in a way that supports fair treatment, compensation, and protections for creators. And for those of you who are registered with SoundExchange, we will continue to work every day to make sure that you receive the digital royalties that you are due in a timely manner. 

We know this mission matters more now than ever.

[This post first appeared on LinkedIn]