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Gene Simmons testified before a U.S. Senate Judiciary subcommittee on December 9, 2025, in support of the American Music Fairness Act, a proposal to make terrestrial AM/FM radio pay royalties for playing sound recordings. The Senate version is S. 326; its House counterpart is H.R. 861. The proposal concerns performers and other owners of recordings—not a new payment for the underlying song composition.
What Gene Simmons told Congress
At the hearing, “Balancing the Interests of Local Radio, Songwriters, and Performers in the Digital Age,” Simmons appeared as a KISS founder, bassist, and singer in support of the American Music Fairness Act. SoundExchange reported the hearing and reproduced excerpts from his written testimony.
Simmons argued that radio earns money from music while artists whose recordings are played should receive a share. In his written testimony, he said: “The American Music Fairness Act is the answer to this injustice. It’s not complicated. It simply says that when radio makes money playing our music, the people who created that music should get a fair cut. That’s capitalism. That’s the American way.” SoundExchange’s December 10, 2025 account also quotes Simmons saying radio made $14 billion “this year,” meaning 2025. That figure is his claim in advocacy testimony, not an independently verified amount established by the cited bill records.
What the American Music Fairness Act would change
The bill addresses a specific distinction in copyright: a recorded performance and the musical composition heard in that recording are separate works. The proposal would establish a public performance right for sound recordings played on U.S. terrestrial radio, requiring AM/FM broadcasters to pay royalties for that use. It is not a bill whose central purpose is to pay songwriters for the composition itself.
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The Recording Academy describes terrestrial radio as an exception to the treatment of sound recordings on digital, satellite, internet radio, and streaming services, which it says pay recording royalties. That is the Academy’s policy framing. It does not, by itself, settle how the proposed costs or compliance duties would affect local broadcasters.
Senate and House versions
| Bill | Sponsor | Introduced | Cosponsors listed in the official record | Recorded action |
|---|---|---|---|---|
| S. 326, American Music Fairness Act | Sen. Marsha Blackburn | January 30, 2025 | Sens. Alex Padilla, Thom Tillis, and Cory Booker | Referred to the Senate Committee on the Judiciary |
| H.R. 861, American Music Fairness Act of 2025 | Rep. Darrell Issa | January 31, 2025 | Reps. Jerrold Nadler, Mark Green, Tom McClintock, and Ted Lieu | Referred to the House Committee on the Judiciary |
The bill identifiers and actions above are from the official Senate bill record and House bill record. Those records establish introduction and referral; they do not establish later legislative action. No conclusion about enactment or subsequent progress follows from those dated actions alone.
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What supporters say—and what remains disputed
The Recording Academy supports creating a terrestrial performance right for sound recordings. It says the proposal includes protections for qualifying small and community stations, and that some qualifying broadcasters could pay as little as $10 a year. That is the Academy’s description; the figure should not be treated as a universal rate, and eligibility and payment obligations depend on the bill’s terms.
The Academy also estimates that the absence of a U.S. terrestrial performance right costs American artists more than $200 million annually in overseas royalties alone. This is an advocacy estimate, not a figure independently confirmed by the official bill records. Its policy page explains the organization’s position on the American Music Fairness Act.
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Broadcasters’ interests are part of the issue, as the hearing’s title makes clear. The available sources do not provide a neutral, independently verified accounting of the bill’s likely effects on station finances, especially for local and small broadcasters. A careful assessment would need to compare the proposed royalty structure and exemptions with the costs of administration and the expected payments, rather than assume either that stations can easily absorb them or that the bill would threaten them.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is established about the bill’s status
The official records cited here show S. 326 and H.R. 861 were introduced in January 2025 and referred to their respective Judiciary committees. They do not document what happened after referral. To establish the bills’ current status, consult their live official history pages: S. 326 on Congress.gov and H.R. 861 on Congress.gov.
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