On Thursday, October 15, the Senate Judiciary Committee marked up S. 379, the Performance Rights Act. The bill passed on a voice vote. As expected, the committee adopted the Leahy-Hatch Manager's Amendment. Similar to what was offered during the House markup, this amendment creates tiers of royalty payments based on the gross annual revenues of the station.

A good debate on the issue transpired during the mark-up, with a considerable number of Senators expressing the need for further discussion and greater evaluation of the consequences of the proposed language. Additionally, there were several Senators who said the bill needed more work before advancement. Sens. Arlen Specter (PA) and John Cornyn (TX) were helpful with their remarks, as was Ranking Member Jeff Sessions (AL). Sen. Cornyn, in particular, was a strong voice for broadcasters. He introduced two supportive amendments and was an outspoken advocate on behalf of the industry.

The House version of the Performance Rights Act has been approved by the House Judiciary Committee, chaired by Rep. John Conyers (MI-14), who introduced the bill. To date, there are 26 cosponsors of S. Con. Res. 14, the pro-broadcaster resolution in the Senate.