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.

@ArtistRights Newsletter 8/18/25: From Jimmy Lai’s show trial in Hong Kong to the redesignation fight over the Mechanical Licensing Collective, this week’s stories spotlight artist rights, ticketing reform, AI scraping, and SoundExchange’s battle with SiriusXM.

Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!

Artist Rights

JIMMY LAI’S ORDEAL: A SHOW TRIAL THAT SHOULD SHAME THE WORLD (MusicTechPolicy/Chris Castle)

Redesignation of the Mechanical Licensing Collective

Ex Parte Review of the MLC by the Digital Licensee Coordinator

Ticketing

StubHub Updates IPO Filing Showing Growing Losses Despite Revenue Gain (MusicBusinessWorldwide/Mandy Dalugdug)

Lewis Capaldi Concert Becomes Latest Ground Zero for Ticket Scalpers (Digital Music News/Ashley King)

Who’s Really Fighting for Fans? Chris Castle’s Comment in the DOJ/FTC Ticketing Consultation (Artist Rights Watch)

Artificial Intelligence

MUSIC PUBLISHERS ALLEGE ANTHROPIC USED BITTORRENT TO PIRATE COPYRIGHTED LYRICS(MusicBusinessWorldwide/Daniel Tencer)

AI Weather Image Piracy Puts Storm Chasers, All Americans at Risk (Washington Times/Brandon Clemen)

TikTok After Xi’s Qiushi Article: Why China’s Security Laws Are the Whole Ballgame (MusicTechSolutions/Chris Castle)

Reddit Will Block the Internet Archive (to stop AI scraping) (The Verge/Jay Peters) 

SHILLING LIKE IT’S 1999: ARS, ANTHROPIC, AND THE INTERNET OF OTHER PEOPLE’S THINGS(MusicTechPolicy/Chris Castle)

SoundExchange v. SiriusXM

SOUNDEXCHANGE SLAMS JUDGE’S RULING IN SIRIUSXM CASE AS ‘ENTIRELY WRONG ON THE LAW’(MusicBusinessWorldwide/Mandy Dalugdug)

PINKERTONS REDUX: ANTI-LABOR NEW YORK COURT ATTEMPTS TO CUT OFF LITIGATION BY SOUNDEXCHANGE AGAINST SIRIUS/PANDORA (MusicTechPolicy/Chris Castle)

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

A Long-Overdue Win for Artists: CRB’s Web VI Rates Mark Major Step Toward Fairer @SoundExchange Streaming Royalties

In a landmark development for recording artists, the Copyright Royalty Board (CRB) has proposed new royalty rates under the “Web VI” proceeding, covering the period 2026 through 2030. These rates govern how much commercial broadcasters must pay for streaming sound recordings under the statutory licenses set forth in Sections 112 and 114 of the U.S. Copyright Act.

The new rates reflect the culmination of years of advocacy by SoundExchange and artist-rights groups and represent another meaningful upward adjustments in royalty rates. The Copyright Royalty Judges have adopted a meaningful schedule of increases—both in per-stream royalties and in the minimum annual fees webcasters must pay—designed to better align statutory streaming compensation with market realities. (Unlike streaming mechanical rates, webcasting royalties are a penny rate per play.)

A Clear Victory in Numbers

YearWeb V Per-Performance RateWeb VI Per-Performance Rate% Increase Over Web VWeb V Min. Annual FeeWeb VI Min. Annual Fee / % Increase
2026$0.0021$0.0028+33.33%$1,000$1,100 / +10.00%
2027$0.0021$0.0029+38.10%$1,000$1,150 / +15.00%
2028$0.0021$0.0030+42.86%$1,000$1,200 / +20.00%
2029$0.0021$0.0031+47.62%$1,000$1,250 / +25.00%
2030$0.0021$0.0032+52.38%$1,000$1,250 / +25.00%

These increases aren’t merely arithmetic; they represent a philosophical shift in how creators are valued in the digital economy.

Structural Adjustments

Beyond the rate hikes, the CRB has adopted operational changes proposed by SoundExchange to royalty reporting and distribution. For example:

– The late fee for audit-based underpayments is reduced from 1.5% to 1.0% per month, capped at 75% of the total underpayment.
– Starting in 2027, webcasters using third-party vendors must obtain transmission and usage data or contractually guarantee its delivery.
– If a commercial broadcaster fails to file a report of use, SoundExchange may now distribute royalties based on proxy data.

These tweaks aim to close loopholes and increase reliability in royalty tracking—critical steps toward a more transparent system.

The Road Ahead

While the Web VI proposal rule will be final after June 16, 2025, it is already being hailed as a pivotal win by artist advocates. For too long, streaming-era economics have undervalued creators in favor of platforms and intermediaries.

This ruling is a recognition—long overdue and hard-won. When finalized, the Web VI clear and easy to understand rates and terms will not only ensure a greater financial contribution for featured and nonfeatured recording artists and rights holders, but also reassert the foundational principle that creators should be paid fairly when their work fuels billion-dollar platforms.

For artists and musicians navigating a shifting industry, the law is catching up with the market it governs on the side of the creators who drive the business.

Of course, don’t forget that some of these same broadcasters who pay under the statutory license for streaming do not pay anything to artists for over the air broadcast of terrestrial radio for the exact same plays of the exact same records–another reason that Congress must finally pass the American Music Fairness Act. That’s why we support the #IRespectMusic campaign and the MusicFirst Coalition. Ask Congress to support musicians here.

Updates for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We are announcing the time schedule and speakers for the 4th annual Artist Rights Symposium on November 20. The symposium is supported by the Artist Rights Institute and was founded by Dr. David C. Lowery, Lecturer at the University of Georgia Terry College of Business.

This year the symposium is hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  We are also pleased to have a Kogod student presentation on speculative ticketing as part of the speaker lineup.

Admission is free, but please reserve a spot with Eventbrite, seating is limited!

The symposium starts at 8:30 am and ends with a reception at 4:30pm. The symposium will be recorded as an audiovisual presentation for distribution at a later date, but will not be live-streamed. If you attend, understand that you may be filmed in any audience shots, questions from the floor or still images. The symposium social media hashtag is #ArtistRightsKogod.

Schedule

8:30 — Doors open, networking coffee.

9:00-9:10 — Welcome remarks by David Marchick, Dean, Kogod School of Business

9:10-9:15 — Welcome remarks by Christian L. Castle, Esq., Director, Artist Rights Institute

9:15-10:15 — THE TROUBLE WITH TICKETS:  The Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

10:15-10:30: NIVA Speculative Ticketing Project Presentation by Kogod students

10:30-10:45: Coffee break

10:45-11:00: OVERVIEW OF CURRENT ISSUES IN ARTIFICIAL INTELLIGENCE LITIGATION: Kevin Madigan, Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

11:00-12 pm: SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

12:00-12:30: Lunch break

12:30-1:30: Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.

1:30-1:45: Coffee break

1:45-2:45: CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

2:45-3:15: Reconvene across street to International Service Founders Room for concluding speakers and reception

3:15-3:30: OVERVIEW OF INTERNATIONAL ARTIFICIAL INTELLIGENCE LEGISLATION: George York, Senior Vice President International Policy from RIAA.

3:30-4:30: NAME, IMAGE AND LIKENESS RIGHTS IN THE AGE OF AI:  Current initiatives to protect creator rights and attribution

Jeffrey Bennett, General Counsel, SAG-AFTRA, Washington, DC
Jen Jacobsen, Executive Director, Artist Rights Alliance, Washington DC
Jalyce E. Mangum, Attorney-Advisor, U.S. Copyright Office, Washington DC

Moderator
John Simson, Program Director Emeritus, Business & Entertainment, Kogod School of Business, American University

4:30-5:30: Concluding remarks by Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program and reception.

NAME, IMAGE AND LIKENESS RIGHTS: New Speaker Update for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We are announcing more topics and new speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business.

We’re pleased to add an overview of artificial intelligence litigation in the US by Kevin Madigan, Vice President, Legal Policy and Copyright Counsel from the Copyright Alliance and an overview of international artificial intelligence-related legislation by George York, Senior Vice President International Policy from RIAA. We’re also announcing our fourth panel and speaker line up:

NAME, IMAGE AND LIKENESS RIGHTS IN THE AGE OF AICurrent initiatives to protect creator rights and attribution

Jeffrey Bennett, General Counsel, SAG-AFTRA, Washington, DC
Jen Jacobson, Executive Director, Artist Rights Alliance, Washington DC
Jalyce E. Mangum, Attorney-Advisor, U.S. Copyright Office, Washington DC

Moderator
: John Simson, Program Director Emeritus, Business & Entertainment, Kogod School of Business, American University

Panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Previously confirmed panelists are:

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It: Speaker Update for Nov. 20 @ArtistRights Symposium at @AmericanU @KogodBiz in Washington DC

We’re pleased to announce additional speakers for the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall, 4400 Massachusetts Avenue, NW, Washington, DC 20016.  The symposium is also supported by the Artist Rights Institute and was founded by Dr. David Lowery, Lecturer at the University of Georgia Terry College of Business.

The Symposium has four panels and a lunchtime keynote. Panels will begin at 8:30 am and end by 5 pm, with lunch and refreshments. More details to follow. Contact the Artist Rights Institute for any questions.

Admission is free, but please reserve a spot with Eventbrite, seating is limited! (Eventbrite works best with Firefox)

Keynote: Graham Davies, President and CEO of the Digital Media Association, Washington DC.  Graham will speak around lunchtime.

We have confirmed speakers for another topic! 

CHICKEN AND EGG SANDWICH:  Bad Song Metadata, Unmatched Funds, KYC and What You Can Do About It

Richard James Burgess, MBE, President & CEO, American Association of Independent Music, New York
Helienne Lindvall, President, European Composer & Songwriter Alliance, London, England
Abby North, President, North Music Group, Los Angeles
Anjula Singh, Chief Financial Officer and Chief Operating Officer, SoundExchange, Washington DC

Moderator:  Christian L. Castle, Esq, Director, Artist Rights Institute, Austin, Texas

Previously confirmed panelists are:

SHOW ME THE CREATOR – Transparency Requirements for AI Technology:

Danielle Coffey, President & CEO, News Media Alliance, Arlington, Virginia
Dahvi Cohen, Legislative Assistant, U.S. Congressman Adam Schiff, Washington, DC
Ken Doroshow, Chief Legal Officer, Recording Industry Association of America, Washington DC 

Moderator: Linda Bloss-Baum, Director of the Kogod School of Business’s Business & Entertainment Program

THE TROUBLE WITH TICKETS:  The Economics and Challenges of Ticket Resellers and Legislative Solutions:

Kevin Erickson, Director, Future of Music Coalition, Washington DC
Dr. David C. Lowery, Co-founder of Cracker and Camper Van Beethoven, University of Georgia
  Terry College of Business, Athens, Georgia
Stephen Parker, Executive Director, National Independent Venue Association, Washington DC
Mala Sharma, President, Georgia Music Partners, Atlanta, Georgia

Moderator:  Christian L. Castle, Esq., Director, Artist Rights Institute, Austin, Texas

@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]