Vanderbilt Journal of Entertainment & Technology Law

First Page



In the sound recording performance rights debate, positions advocated by broadcasters are the polar opposite of those taken by recording artists and labels. Considering all the factors, it is likely that neither claim is entirely meritorious. Both are too extreme to be supported by available evidence. Radio broadcasters ignore what would amount to at least some international harmonization and added foreign royalties, as well as the potential creation of new works that would not be economically viable without a performance royalty. Furthermore, broadcasters fail to adequately account for the possible inequity of granting performance royalties to those who compose music but not to the artists and record labels who help bring that music to life. Lastly, claims of an inability to afford any new performance royalty seem hollow considering the strength of the newly consolidated American radio industry.