Congressionally-Mandated Performance Tax Puts Local Jobs at Risk

At the behest of the big record labels, legislation has been introduced in Congress to impose a new performance fee, or tax, on local radio stations, simply for airing music on the radio. Ironically, radio is the number-one promotional tool for record labels and performers. A performance tax could financially cripple local radio stations, putting jobs at risk, stifling new artists trying to break into the business and harming the millions of listeners who rely on local radio for news, emergency information, weather updates and entertainment every day. Moreover, a number of recent private deals between radio companies and record labels to compensate copyright owners and performers prove there is no need for government involvement.

Recognizing the promotional value of free radio airplay, Congress has repeatedly rejected the record labels' attempts to impose a harmful performance tax on local radio stations.

Broadcasters are firmly opposed to a congressionally-mandated performance fee, and have worked with bipartisan leaders in the House and Senate to introduce the Local Radio Freedom Act, which opposes any new tax, fee or royalty on local radio stations. The legislation - H. Con. Res. 17, led by Reps. Mike Conaway (TX-11) and Gene Green (TX-29) and its companion, S. Con. Res. 4, led by Sens. John Barrasso (WY) and Heidi Heitkamp (ND) - currently has more than 250 cosponsors, including a bipartisan majority of the House of Representatives.

Broadcasters demonstrated good faith in working with the record labels to try to resolve the performance tax issue in previous Congresses through private discussions. Yet musicFIRST, representing the big record labels and performers, rejected compromise and walked away from negotiations. Since that time, however, numerous radio companies and record labels have negotiated private deals of their own that compensate copyright owners and performers, demonstrating the ability of the marketplace to best address the issue.

Despite these marketplace advancements, Rep. Jerry Nadler (NY-10) introduced H.R. 1733, which would impose a new performance fee on local broadcasters. Broadcasters strongly oppose this legislation and stand ready to work with Congress on a balanced music licensing proposal that promotes innovation and recognizes the benefit of radio's free, locally-focused platform to artists and listeners.

NAB Position
For more than 80 years, record labels and performers have thrived from radio airplay - which is essentially free advertising - from radio broadcasters. Free, broadcast radio touches more than 265 million listeners a week, a number that dwarfs the reach of internet and satellite radio.

Local radio continues to be the top source for those seeking to learn about new music, far surpassing online and other sources. Free radio airplay provides the record industry increased popularity, visibility and record sales for both established and upcoming artists. The promotion by local radio goes beyond the music to include concert and festival promotion, on-air interviews and online social media marketing.

The fact is that big record labels find themselves struggling economically and are seeking to recoup revenues on the backs of local radio stations that are, ironically, their greatest promotional tool.

Action Needed
Congress should not mandate a performance tax on free, local radio broadcasters that would jeopardize local jobs, prevent new artists from breaking into the recording business and harm the more than 265 million Americans who rely on local radio. Broadcasters urge legislators to stand with their local radio stations by cosponsoring the Local Radio Freedom Act, which opposes a performance tax.


2015 Broadcasters' Policy Agenda