Knowledge Base • Mechanical & Performanceconcept

Neighboring Rights & The Terrestrial radio Gap

Sound recording performance rights collected globally, hampered in the U.S. by a terrestrial radio exemption.

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Reader answer checklist

This guide is structured to answer the practical questions a reader should resolve before relying on the topic.

Direct answer
Neighboring or related rights can generate sound-recording performance income in many territories, while United States terrestrial AM/FM radio generally does not pay a comparable master performance royalty.
Who this is for
Recording artists, master owners, managers, and producers tracking digital and international sound-recording performance income.
Practical example
A recording may earn composition performance royalties from U.S. broadcast while its master earns digital non-interactive royalties through SoundExchange and potentially related-rights income abroad.
Limits and exceptions
Rights, reciprocity, collection mandates, territories, service types, and local law vary; international claims should not be inferred from U.S. rules.
What to do next
Identify the master owner and performers, register with the relevant organizations, and verify each territory and service before making a claim.

Evidence records

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Source records identify the evidence to review; they do not replace a claim-by-claim legal review. See the source index for the audit trail.

Editorial record

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Last edited
2026-07-17
Reviewed
2026-08-07
Reviewer
Michael Ruiz

Reviewed by Michael Ruiz on 2026-08-07. Recheck date-sensitive rules and contract terms for a specific matter. See the editorial policy for the review process.

Sound Recording Performance Rights

While performance royalties for compositions are paid globally, performance royalties for Sound Recordings (Masters) are called Neighboring Rights internationally because they "neighbor" the author's copyright.

The United States AM/FM Radio Gap

Unlike almost every other developed nation, the United States does not recognize a public performance right for sound recordings on analog terrestrial broadcast media. Under 17 U.S.C. § 114, terrestrial AM/FM radio stations pay zero performance royalties to recording artists or record labels; they only pay performance royalties to songwriters and music publishers.

The Digital Solution: SoundExchange

In 1995, Congress passed the Digital Performance Right in Sound Recordings Act, creating a digital public performance right. Under 17 U.S.C. § 114(d)(1), digital, non-interactive services (satellite radio like SiriusXM, digital cable TV, webcasters like Pandora) must pay sound recording performance royalties. These are collected and distributed by SoundExchange.

Diagram showing sound recording performance rights split by broadcast type. AM/FM terrestrial radio is exempt under Section 114 and pays zero royalties to artists or labels, though songwriters and publishers are still paid via a PRO. Digital non-interactive services like SiriusXM and webcasters pay sound recording royalties, collected by SoundExchange and distributed 50 percent to the record label, 45 percent to the featured artist, and 5 percent to a non-featured artist fund.Diagram showing sound recording performance rights split by broadcast type. AM/FM terrestrial radio is exempt under Section 114 and pays zero royalties to artists or labels, though songwriters and publishers are still paid via a PRO. Digital non-interactive services like SiriusXM and webcasters pay sound recording royalties, collected by SoundExchange and distributed 50 percent to the record label, 45 percent to the featured artist, and 5 percent to a non-featured artist fund.Sound Recording Publicly PerformedAM/FM Terrestrial RadioDigital Non-Interactive (SiriusXM, Webcasters)0% to Artists / Labels (Sec. 114 Exemption)Songwriters / Publishers Still Paid via PROCollected by SoundExchange50% Record Label45% Featured Artist5% Non-Featured Artist Fund
The same performance is treated two different ways depending on the medium — AM/FM radio pays artists and labels nothing, while satellite radio and webcasters pay through SoundExchange's fixed statutory split.

SoundExchange Payout Structure

SoundExchange distributions are set by a statutory split: - 50% to the Sound Recording copyright owner (the record label). - 45% directly to the Featured Artist. - 5% to a non-featured artist royalty fund (session musicians and backing vocalists, administered by SAG-AFTRA & AFM).

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Educational Disclaimer: This document is provided for educational and informational purposes only and does not constitute legal or financial advice.