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  For Immediate Release  
September 27, 2007
Contact: Gene Smith (202) 225-4695
 
A Performance Right For Over The Air Radio
Berman Sets Record Straight -- Plans Special Accommodations
For Small and Religious Broadcasters
 
Washington, D.C. - As broadcasters discuss a range of issues at the National Radio Show in Charlotte this week, Rep. Howard Berman (CA) today made clear to the industry his pledge to include special accommodations for small and religious broadcasters in legislation he will soon introduce to grant artists and record labels a long overdue “performance right” for music played by terrestrial radio stations.
Berman, Chairman of the House Judiciary Subcommittee on Intellectual Property, the Courts and the Internet,  convened a hearing in July -- Ensuring Artists Fair Compensation:  Updating the Performance Right and Platform Parity for the 21st Century -- where legendary artists Judy Collins and Sam Moore testified that a performance right for terrestrial radio was a matter of fairness and equity.
 
Berman said today that performance rights legislation will be introduced in October and that it will include provisions providing specific and significant discounts and other accommodations for small and religious broadcasters.  “I recognize that granting artists and sound recording copyright owners the right to be compensated for music played on the radio presents a change,” said Berman.  “But current law presents an inequity that is neither fair nor right.  Artists deserve compensation for the use of their music and this gap in the law must be addressed.”
“I am confident that we can do this in a way that is sensitive to the legitimate concerns and economic realities of broadcasters,” added Berman.  “My intention is to ensure that small and religious stations – and, indeed, all stations – will not be unduly burdened and that any new payment requirement will not be excessive.  In fact, under the legislation that we are crafting, a large majority of all radio stations will receive special accommodations.  This is the right thing to do."
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