By: Finn Kuechenmeister

Every time you turn on the radio, you’re listening to the work of countless musicians and recording artists. However, the artists performing those songs aren’t receiving a separate royalty when their music is aired on AM/FM radio. That’s the issue behind the American Music Fairness Act (AMFA), a bipartisan bill reintroduced in Congress in January 2025. The legislation aims to change how recording artists are compensated by creating a performance right for songs played on terrestrial radio.

Radio stations technically do pay artists, but it’s a little complicated. Traditional stations purchase blanket licenses through organizations like the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). These organizations are known as performing rights organizations, or PROs, and they collect licensing fees for the public performance of recorded material. These fees apply to businesses beyond radio stations. Bars, restaurants, hotels, colleges, stores, and other places that play music publicly also need licenses from PROs to comply with U.S. copyright law.

The musicFIRST Coalition, an organization advocating for the AMFA, argues that broadcasters exploit the legal loophole to avoid paying royalties. Supporters of this bill see this as an outdated part of U.S. copyright law that has failed to keep pace with changes in music distribution.

The issue extends beyond the United States. Many countries recognize performance rights for recording artists when their music is aired. However, because the U.S. lacks equal protections, American artists risk losing nearly $300 million annually. The EU is considering a “material reciprocity” policy to block American artists from collecting those same royalties in Europe.

The U.S. is one of the few countries, alongside North Korea, Iran, and Cuba, that doesn’t provide a comparable terrestrial radio performance right. As L.A. music producer and Forbes contributor Bobby Owsinski puts it, this is “not exactly a group you’d like to be part of when it comes to human rights.” Although international royalty rules are ever-changing, it remains a major argument behind the legislation.

The AMFA has received support from hundreds of musicians. In February 2025, more than 300 recording artists signed a letter to congressional leaders calling for the legislation’s passage. Among them were ABBA, Billy Idol, Lin-Manuel Miranda, Weezer, and Athens’ very own R.E.M. and The B-52’s. Supporters argue that radio corporations shouldn’t be able to generate advertising revenue from recorded music without also compensating the performers. They also emphasize that a new right could benefit musicians who may not benefit from songwriter royalties, including session musicians and background vocalists.

As expected, not everyone in the radio industry is on board. The National Association of Broadcasters (NAB) opposes the legislation, arguing that additional royalty obligations could create financial difficulties for local radio stations. The organization also emphasizes radio’s promotional value: airplay can introduce listeners to new artists and potentially lead to more streams and sales. But, does the exposure that musicians receive from radio airplay replace the need for a performance royalty?

Unlike commercial radio corporations, college stations typically operate with limited budgets and aren’t focused on generating advertising revenue. Indie stations serve as important platforms for emerging and local musicians who might not otherwise receive airplay on mainstream stations.

Fortunately, the proposed legislation recognizes this distinction. Rather than subjecting every station to the same market-based royalty rates, the AMFA includes special provisions for smaller AM/FM stations. Small commercial stations would pay a flat annual fee of $500 for unlimited music performance rights, while qualifying public, college, and other noncommercial stations would pay just $10 annually.

One of my favorite things about college radio is the opportunity to discover new music and share it with other people. As a DJ, I have the freedom to introduce listeners to smaller, independent artists they may not have otherwise come across. Especially in a city like Athens, where the local music scene is such an important part of the community, radio plays an invaluable role in connecting musicians with new audiences.

At the same time, learning more about AMFA has made me realize that the issue is more complicated than simply saying, “Artists don’t get paid when their songs are on the radio.” Many artists are also songwriters and can already receive royalties through PROs like ASCAP and BMI. The bigger question is whether the people who contributed to the actual recording should also receive compensation when it is broadcast. That distinction is important. Selecting a specific recording means honoring the collaborative efforts of its musicians, producers, engineers, background vocalists, and contributors.

While hearing your song on the radio might encourage someone to buy your album or attend your next show, these opportunities aren’t guaranteed. Exposure alone doesn’t pay the bills. This legislation offers vital protections by balancing fair compensation for artists with affordable music access for college radio. As DJs, we rely on musicians to create the music that makes our shows possible. Recognizing the value of their work, even through a relatively small annual fee, seems like a worthwhile step.

As Congress continues to consider the American Music Fairness Act, we need to remember that behind every track are artists whose work makes our sets possible, and behind every station is a community of people dedicated to sharing that music. Whether you’re a musician, a DJ, or someone who just loves tuning into 90.5 FM, the debate over the AMFA is worth paying attention to as radio adapts to the ever-changing music industry.

 

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