Chris Cooke: SoundExchange boss says all EU countries must change copyright rules so European radio royalties flow to American performers #IRespectMusic

Ireland Leads the Way: A Step Toward Fair Radio Royalties for American Artists in Europe

For years, American artists have been told that the global royalty system is just “complicated”—a patchwork of treaties, local rules, and reciprocal deals that somehow always seem to leave U.S. performers on the short end of the stick. But as this new report highlighted by CMU makes clear, what’s really at issue isn’t complexity. It’s discrimination dressed up as policy.

At the center of the debate is a simple principle: national treatment—the idea that countries should pay foreign creators the same royalties they pay their own. That principle is already embedded in international law and reinforced by recent European court decisions. And yet, across much of Europe, American performers still don’t get paid when their recordings are played on terrestrial radio, even while European artists are paid at home and abroad.

Now, SoundExchange is turning up the pressure, arguing that every EU member state must finally align its laws with that principle and unlock hundreds of millions in unpaid royalties.

This is exactly what our friend Blake Morgan and the #IRespectMusic campaign have been fighting for over the past decade—fair pay for performers wherever their music is used. And it’s another reminder that we join with the MusicFirst Coalition in demanding that the U.S. should lead by example: passing the American Music Fairness Act would strengthen hand of America’s creators globally and help ensure U.S. artists are paid both at home and abroad.

This isn’t just a technical copyright dispute. It’s a global trade and fairness issue—one that goes directly to how countries value music as an export, and whether creators are treated as partners in that economy or just inputs to be exploited.

Read Chris Cooke’s excellent explainer in Complete Music Update

The boss of US collecting society SoundExchange has welcomed a change to Irish copyright law which means radio royalties collected in Ireland can now flow to American performers when their music gets airplay in the country. Even though no radio royalties flow in the other direction to European performers, because radio stations in the US don’t have to pay any money to any artists or labels. 

That change to Irish law was the result of a ruling in the European Union courts which, SoundExchange CEO Michael Huppe insists, also obligates other EU countries to implement similar changes, so that more radio royalties flow to the US. “Implementation isn’t optional – it’s a legal obligation”, Huppe says, adding, “creators everywhere deserve to be paid when their music is used, no matter their nationality”. 

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”.