The American Music Fairness Act (“AMFA”) has been re-introduced in the Senate for this Congress.  Sen. Padilla (D-CA) introduced the bill (S.253) earlier this month, along with Sens. Blackburn (R-TN), Tillis (R-NC), and Feinstein (D-CA).  The bill was referred to the Judiciary Committee, on which every cosponsor serves.  Further, Sen. Tillis serves as Ranking Member of the Subcommittee on Intellectual Property, which oversees copyright issues. 

AMFA would amend the Copyright Act to provide public performance rights for terrestrial transmissions of sound recordings.  Specifically, the bill would amend Section 106(6) of the Copyright Act, which provides copyright owners with the exclusive right to publicly perform sound recordings via “digital audio transmission,” by deleting the word “digital.”  AMFA also attempts to address some criticisms that faced similar predecessor bills.  For example, AMFA proposes flat fees for certain nonsubscription broadcast transmissions by public or smaller commercial stations, and provides that other fees would be set in rate-setting proceedings before the Copyright Royalty Board.  Such rate-setting proceedings would take account of economic, competitive, and programming information, as well as whether transmissions substitute for or promote record sales, and whether they interfere with or enhance other revenue streams for sound recording owners. 

While last Congress the House Judiciary Committee approved this legislation by a voice vote, no companion legislation has been introduced in the House yet.  Notably, however, co-sponsors of that prior House bill included Rep. Issa (R-CA), who recently became the Chair of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, as well as Rep. Nadler (D-NY), who is now Ranking Member of the full Committee.  With bipartisan support of members on the relevant Committees of jurisdiction, AMFA is potentially one of the few pieces of legislation that could move in a divided Congress.

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Phillip Hill

Phillip Hill is an attorney with deep experience in media, entertainment, sports, and technology. Phillip’s practice focuses on litigation, counseling, transactions, and regulatory matters in the fields of copyright, trademark, right of publicity, art, and cyber law. Phillip represents and advises clients in…

Phillip Hill is an attorney with deep experience in media, entertainment, sports, and technology. Phillip’s practice focuses on litigation, counseling, transactions, and regulatory matters in the fields of copyright, trademark, right of publicity, art, and cyber law. Phillip represents and advises clients in a wide range of industries, including music, media and entertainment, technology, metaverse, NFTs, video games, sports, live event production, film/television, theater, fashion, print publishing, visual art, consumer products, financial services, private equity, real estate, and healthcare.

Phillip is an active member of the American Bar Association, where he is the Chair of the Music and Performing Arts Committee. He also represents and advises non-profit corporations and individuals in a variety of pro bono matters, including songwriters and recording artists, music venues, orchestras, museums, comic book artists, micro-entrepreneurs, asylum applicants, and civil rights organizations. He also is active in educational efforts, including courses on “The Law of Music” at the New England Conservatory and Carnegie Hall, and Harvard Law School’s “CopyrightX” course.

Photo of Nicholas Xenakis Nicholas Xenakis

Nick Xenakis draws on his Capitol Hill experience to provide regulatory and legislative advice to clients in a range of industries, including technology. He has particular expertise in matters involving the Judiciary Committees, such as intellectual property, antitrust, national security, immigration, and criminal…

Nick Xenakis draws on his Capitol Hill experience to provide regulatory and legislative advice to clients in a range of industries, including technology. He has particular expertise in matters involving the Judiciary Committees, such as intellectual property, antitrust, national security, immigration, and criminal justice.

Nick joined the firm’s Public Policy practice after serving most recently as Chief Counsel for Senator Dianne Feinstein (C-DA) and Staff Director of the Senate Judiciary Committee’s Human Rights and the Law Subcommittee, where he was responsible for managing the subcommittee and Senator Feinstein’s Judiciary staff. He also advised the Senator on all nominations, legislation, and oversight matters before the committee.

Previously, Nick was the General Counsel for the Senate Judiciary Committee, where he managed committee staff and directed legislative and policy efforts on all issues in the Committee’s jurisdiction. He also participated in key judicial and Cabinet confirmations, including of an Attorney General and two Supreme Court Justices. Nick was also responsible for managing a broad range of committee equities in larger legislation, including appropriations, COVID-relief packages, and the National Defense Authorization Act.

Before his time on Capitol Hill, Nick served as an attorney with the Federal Public Defender’s Office for the Eastern District of Virginia. There he represented indigent clients charged with misdemeanor, felony, and capital offenses in federal court throughout all stages of litigation, including trial and appeal. He also coordinated district-wide habeas litigation following the Supreme Court’s decision in Johnson v. United States (invalidating the residual clause of the Armed Career Criminal Act).