Protect Working Musicians Act of 2026
- Bill Number
- H.R. 8994
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2026-05-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T19:53:10Z
AI-Generated Summary
Summary of H.R. 8994: Protect Working Musicians Act of 2026
Purpose
This legislation aims to address imbalances in the online music distribution market by allowing small-scale music creators to work together when negotiating licensing deals with large online platforms or companies developing generative artificial intelligence systems. It seeks to counter situations where platforms can use music without fair compensation due to existing copyright enforcement challenges.
Key Provisions
- Findings: The bill outlines that music supports jobs and the economy but notes that dominant online platforms exploit systems like notice-and-takedown rules to profit from unlicensed music, leaving independent creators with little bargaining power.
- Definitions:
- Dominant Online Music Distribution Platform: An online service for listening to sound recordings with over $100 million in annual music-related revenue that does not qualify for certain statutory licenses.
- Individual Music Creator Owner: A musician, group, producer, mixer, or sound engineer who owns copyrights to their sound recordings and either earned under $1 million in licensing revenue the prior year or qualifies as a small business under relevant industry classification codes.
- Generative artificial intelligence: Systems that create new text, audio, images, or other media from user prompts.
- Safe Harbor from Antitrust Laws: Independent music creator owners may collectively negotiate licensing terms or refuse to license with dominant platforms or AI developers without facing liability under antitrust rules, provided:
- Negotiations cover more than just price and treat similar creators equally.
- Any coordination is directly tied to and necessary for those negotiations.
- Only qualifying independent creators and the targeted platforms or AI entities participate.
- Rule of Construction: The act does not otherwise alter antitrust laws.
Significant Changes to Existing Law
This bill introduces a limited exemption from federal and state antitrust laws (including aspects of the Clayton Act and Federal Trade Commission Act) specifically for collective actions by independent music creators. It represents a targeted adjustment to rules that normally prohibit competitors from coordinating on terms, allowing such activity only in negotiations with large platforms or AI firms under defined conditions. It does not modify copyright laws like the Digital Millennium Copyright Act but provides an alternative path for creators to address market power issues.
Potential Impacts
- On Government Agencies: Enforcement bodies such as the Department of Justice and Federal Trade Commission may see fewer antitrust cases involving small music creators negotiating together, but they would still oversee compliance with the safe harbor conditions.
- On Citizens: Independent musicians and creators could gain more leverage in licensing, potentially leading to better compensation and sustainability for their work; consumers might experience indirect effects through changes in platform offerings or pricing.
- On International Relations: No direct provisions address foreign entities or treaties, though the rules could influence how U.S.-based platforms handle global music licensing if negotiations extend to international creators.
Main Stakeholders Affected
- Independent music creator owners, including solo artists, small groups, producers, and sound engineers who self-market their work.
- Dominant online music distribution platforms meeting the revenue and operational thresholds.
- Companies involved in developing or using generative artificial intelligence for music-related purposes.
- Broader music industry participants, such as trade associations representing labels, though the focus remains on independents rather than major corporations.
Notable Legal, Constitutional, or Political Implications
The act creates a specific antitrust safe harbor, which aligns with Congress's authority to define exceptions to competition laws when they conflict with other policy goals like supporting creative markets. It does not raise explicit constitutional issues in the text but operates under the framework of interstate commerce regulation. Politically, the provisions emphasize protecting smaller creators from large platform influence while maintaining that general antitrust principles remain unchanged outside this context.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Ross, Deborah K. [D-NC-2]
Cosponsors (3)
Rep. Cohen, Steve [D-TN-9], Rep. Doggett, Lloyd [D-TX-37], Rep. Goldman, Daniel S. [D-NY-10]
Recent Actions
- 2026-05-21: Referred to the House Committee on the Judiciary.
- 2026-05-21: Introduced in House
- 2026-05-21: Introduced in House
Bill Versions
- Protect Working Musicians Act of 2026 — issued 2026-05-21 — PDF (7 pages)