What’s Wrong With U.S.?: Why the United States Should Have a Public Performance Right for Sound Recordings

What’s Wrong With U.S.?: Why the United States Should Have a Public Performance Right for Sound Recordings

William Henslee · 13 Vand. J. Ent. & Tech. 739

Abstract

This Article discusses the need for the United States to implement a public performance royalty for sound recordings. Under the current system, song writers are compensated for the use of their musical works, but performers on sound recordings do not receive any compensation. Radio and television stations currently pay the performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current royalty scheme while not reducing the current royalty paid to the songwriters. The Article argues for congressional adoption of a performance royalty.