Mark Souder: “Mr. Chairman, I am a cosponsor of H.R. 789, the Fairness in Music Licensing Act, which has bipartisan support of over…”

“Mr. Chairman, I am a cosponsor of H.R. 789, the Fairness in Music Licensing Act, which has bipartisan support of over 157 Members of Congress. While I wish that it were what he was offering today on the floor, I believe this compromised amendment by Mr. Sensenbrenner is fair and balanced. The Sensenbrenner amendment is balanced because it does several key things. One, it levels the playing field for businesses that use music. These business owners will now have a way to settle their disputes with music licensing societies without having to go to rate court in New York City. We have heard about different options under this but that is an important change. Two, it will allow businesses of a certain size, 3,500 square feet or less where the speakers are located, and that is important, because it isn't just a question of where the diners are sitting, it is a question of your storage, your kitchens, and receiving areas as well are located to be exempt from copyright royalties when they play TVs and radios, which is important to remember it is TV and radio music. If a business is over 3,500 square feet, it may be exempt if it plays only two TVs and has no more than six speakers. The Sensenbrenner amendment is fair because it does not change the law with respect to other kinds of music that a business may use. For example, a restaurant that has live music or plays CDs will not be covered by this Sensenbrenner exemption.”