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Congress should uniformly apply the performance copyright for sound recordings to all broadcasts.

Congress should uniformly apply the performance copyright for sound recordings to all broadcasts. The current system discriminates against non-terrestrial music services by imposing a performance copyright on sound recordings for all non-terrestrial radio broadcasts. Congress should promote technology-neutral policies to ensure a fair and competitive market for all forms of radio. Not only does this exemption for terrestrial radio disadvantage competing technologies, it also results in unfair compensation to the copyright holders. Congress should take an all-or-nothing approach so that terrestrial radio, Internet radio, satellite radio and other digital music services can compete fairly. In other words, everybody should pay (ideally), or nobody should pay, but the discrepancy should be eliminated. Terrestrial radio should not be the only technology platform exempt from paying royalties for performances of sound recordings.