Capitol Hill action on radio performance royalties looks unlikely this...

heated and largely philosophical debate over the rights of performers to be paid for play on radio. While performance royalty legislation was approved by the Judiciary committees in the House and Senate last year, nothing has been introduced this Congress. But some lawmakers have signed onto non-binding resolutions against performance royalties. A standalone bill has “no shot” in the 112th Congress, but the matter could find traction if added to a larger appropriations bill, said Brian Gantman, a counsel with the Educational Media Foundation. EMF operates non-commercial radio stations and opposes performance royalties. Performance royalties will probably only move forward if the two sides present Congress with a negotiated settlement, said John Simson, a consultant and former SoundExchange executive director who supports the royalties. Congress is quiet, but industry talks are likely to continue, said David Oxenford, an attorney with David Wright who represents broadcasting and digital media companies. There is recognition by some in Congress that performance royalties are fair, but broadcasters opposing royalties are powerful lobbyists, said Michael Petricone, senior vice president of CEA, which supports royalty legislation. Meanwhile, Alliance for Community Media Executive Director Sylvia Strobel called predicting Hill action on the issue “a crapshoot.” But while the climate may not be right for Hill action, don’t expect the issue to go away, Simson said. “It’s not gone away for 80 years,” he said. “It will be here until it gets passed [and] until fairness finally triumphs.”