Gene Simmons, the bassist and co-founder of KISS, testified before a Senate Judiciary subcommittee on Tuesday, emphasizing that paying recording artists for broadcast radio performances is not just about fairness, but also a matter of patriotism. He said, "If you are against this bill, you are un-American." This statement was unusual in Congressional hearing practice, as Simmons did not use notes to support his arguments.
Simmons appeared before the Senate Judiciary Subcommittee on Intellectual Property, where industry professionals discussed the American Music Fairness Act (AMFA), a bill that would require broadcast radio companies to pay for the performance of sound recordings. Radio stations currently pay royalties through performance rights organizations like ASCAP and BMI, but they do not pay record labels or performing artists when playing music over the air.
The 76-year-old rocker emphasized that he doesn't need radio royalties himself, having done well thanks to the "American dream." However, he stressed the importance of supporting young artists during their financially precarious early years. He said, "This is for our children and for our children's children. We can't just let them out in the cold and not have a way to get paid for their hard work."
In contrast, Henry Hinton, president and CEO of Inner Banks Media, a small broadcast radio company, took an opposing view. He argued that radio stations pay many fees, including FCC regulatory fees and copyright royalties, which makes it impossible for them to also pay artists. Streaming services, he claimed, are able to recoup costs through subscriptions and fees.
Simmons played a good-natured foil to Hinton's business case against the AMFA. He said, "I'm not here to demonize Mr. Hinton or the radio stations. We need each other. Performers need radio; radio needs performers. But for God's sake, equitable doesn't mean you get zero and radio makes $14 billion just this last year. That's not equitable."
The pros and cons voiced during Tuesday's AMFA hearing echoed those from an earlier hearing in 2024 before a House Judiciary subcommittee. During that hearing, chairman Darrell Issa suggested that lawmakers would be more painful than broadcasters if they didn't negotiate with record labels.
On Tuesday, some senators took a combative stance toward radio stations' financial state. Sen. Marsha Blackburn told Hinton that his station is "causing harm" to musicians by not paying a performance royalty. However, Sen. Adam Schiff acknowledged the concerns of radio stations and expressed a willingness to find a fair balance.
Michael Huppe, president and CEO of SoundExchange, urged senators not to pay heed to broadcasters' talking points about compensation for performances not being merited. He argued that a performance right is simply a matter of paying for content, just as businesses pay for other services. Huppe also pointed out that 72% of the music played on the radio is not current and therefore not promoting new music.
Overall, Simmons' testimony highlighted the importance of supporting young artists and ensuring that they receive fair compensation for their work. His statement that if you are against this bill, you are un-American underscored the need for lawmakers to take a stand on this issue.
Simmons appeared before the Senate Judiciary Subcommittee on Intellectual Property, where industry professionals discussed the American Music Fairness Act (AMFA), a bill that would require broadcast radio companies to pay for the performance of sound recordings. Radio stations currently pay royalties through performance rights organizations like ASCAP and BMI, but they do not pay record labels or performing artists when playing music over the air.
The 76-year-old rocker emphasized that he doesn't need radio royalties himself, having done well thanks to the "American dream." However, he stressed the importance of supporting young artists during their financially precarious early years. He said, "This is for our children and for our children's children. We can't just let them out in the cold and not have a way to get paid for their hard work."
In contrast, Henry Hinton, president and CEO of Inner Banks Media, a small broadcast radio company, took an opposing view. He argued that radio stations pay many fees, including FCC regulatory fees and copyright royalties, which makes it impossible for them to also pay artists. Streaming services, he claimed, are able to recoup costs through subscriptions and fees.
Simmons played a good-natured foil to Hinton's business case against the AMFA. He said, "I'm not here to demonize Mr. Hinton or the radio stations. We need each other. Performers need radio; radio needs performers. But for God's sake, equitable doesn't mean you get zero and radio makes $14 billion just this last year. That's not equitable."
The pros and cons voiced during Tuesday's AMFA hearing echoed those from an earlier hearing in 2024 before a House Judiciary subcommittee. During that hearing, chairman Darrell Issa suggested that lawmakers would be more painful than broadcasters if they didn't negotiate with record labels.
On Tuesday, some senators took a combative stance toward radio stations' financial state. Sen. Marsha Blackburn told Hinton that his station is "causing harm" to musicians by not paying a performance royalty. However, Sen. Adam Schiff acknowledged the concerns of radio stations and expressed a willingness to find a fair balance.
Michael Huppe, president and CEO of SoundExchange, urged senators not to pay heed to broadcasters' talking points about compensation for performances not being merited. He argued that a performance right is simply a matter of paying for content, just as businesses pay for other services. Huppe also pointed out that 72% of the music played on the radio is not current and therefore not promoting new music.
Overall, Simmons' testimony highlighted the importance of supporting young artists and ensuring that they receive fair compensation for their work. His statement that if you are against this bill, you are un-American underscored the need for lawmakers to take a stand on this issue.