Representatives Darrell Issa and Eshoo Elevate Defense of Intellectual Property in Resolution Lauding Creativity and Innovation

Press Release

Rep. Darrell Issa (R-CA), a member of the House Judiciary Committee, and Rep. Anna Eshoo (D-CA), a member of the House Committee on Energy & Commerce, today announced the introduction of the Creativity and Innovation Resolution (H. Con. Res. 42) which advances the case for strengthening protections for America's artists, creators, and innovators.

"America is synonymous with out-of-the-box thinking and creative entrepreneurialism. Case in point, our recording industry," Congressman Issa stated. "Talented artists and performers create original work here and we've seen, time-and-again, that their investment yields returns in the form of economic activity and jobs for thousands. Intellectual property creators should not have to fear the threat of government mandates becoming an additional hurdle to their success."

"Consumers deserve to enjoy the technology that's most appropriate to them," Congresswoman Anna Eshoo said. "The Creativity and Innovation Resolution simply says the government will not mandate specific technology that limits the way consumers listen to local news, information, and music."

The Creativity and Innovation Resolution states that Congress should:

1. Protect all Americans who create intellectual property and foster an economic environment that encourages American performers, creators, and innovators to take the artistic risks necessary in their careers to make quality work and spur the economy; and
2. Oppose any mandate for the inclusion of terrestrial broadcast radio tuners in the manufacture or sale of mobile devices.

For over 70 years, Congress has opted to exempt terrestrial radio broadcasters from paying the musicians and vocal artists who perform songs played on the radio. Webcasters, satellite radio providers, foreign over-the-air (terrestrial) stations, and cable companies are each required to pay for the music they broadcast -- an inequity that disadvantages these multimedia platforms and propagates the continued uncompensated use of performers' art through terrestrial broadcasts.

"The marketplace fosters product refinement and elevates technology and talent," Issa continued. "Congress' imposition of needless technology mandates on the wireless market would hurt consumers by creating tremendous harm to the innovation and creativity that continues to spring forward from this industry."

Representative Issa, himself a holder of 37 registered U.S. patents, is a longstanding champion of intellectual property rights. In the 111th Congress he was an original cosponsor of the Congressional Performance Rights Act, legislation that would have amended the error in American copyright law that exempts over-the-air broadcasters from paying performers for their music when it is played on AM and FM radio stations.

The United States Congress's failure to correct this disparity has set a troubling precedent abroad. Radio stations in other countries have seen the American example of exempting over-air stations and have decided not to pay for their use of American artists' work as well.

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