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Bill

HR 9253

Protect Working Musicians Act of 2026

119th Congress Introduced by Steve Cohen and 3 co-sponsors

The bill creates an antitrust safe harbor allowing independent music creator owners to collectively negotiate licensing terms with dominant online music platforms and AI developers

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9253

Overview

  • Bill: HR 9253, Protect Working Musicians Act of 2026
  • Purpose: Create a safe harbor to allow Independent Music Creator Owners to collectively negotiate licensing terms with Dominant Online Music Distribution Platforms (DOMPs) and related AI developers, without violating antitrust laws.
  • Status: Introduced in the House (June 10, 2026) and referred to the House Judiciary Committee.
  • Primary sponsors: Rep. Debra Ross (as introduced) with co-sponsors Rep. Lloyd Doggett, Rep. Steve Cohen, and Rep. Dan Goldman.

Main purpose and intent

  • The bill aims to empower independent music creators to band together to negotiate fair licensing terms for their music with large online platforms that distribute music online.
  • It acknowledges a power imbalance between independent creators and dominant platforms and seeks to remedy it by providing a targeted antitrust safe harbor for these collective activities.

Key provisions and changes

  • Safe Harbor for Collective Negotiations (Section 3)
    • Definitions:
    • Dominant Online Music Distribution Platform: a platform with >$100 million in annual music distribution revenues, operating an app/website used to listen to sound recordings, not eligible for certain US license exemptions.
    • Individual Music Creator Owner: an individual musician or group (or related entity) that owns the copyrights to sound recordings or musical works and meets either a revenue threshold (<$1,000,000 in licensing revenues in the prior year) or qualifies as a small business under NAICS codes 512250 (sound recording studios) or 512230 (music publishers/other music businesses).
    • Musical work: underlying composition and lyrics.
    • Sound recording: as defined in 17 U.S.C. §101.
    • Songwriter: as defined by 17 U.S.C. §115(e)(32).
    • Generative artificial intelligence: AI capable of generating novel text, video, images, or audio from prompts/data.
    • Safe harbor protections:
    • An Individual Music Creator Owner shall not be liable under antitrust laws for:
      • Agreeing with other Individual Music Creator Owners to collectively negotiate licensing terms with a DOMP or with a company developing/deploying generative AI.
      • Agreements to collectively refuse to license music to a DOMP or AI developer, under certain conditions.
    • Conditions for safe harbor: 1) Negotiations are not limited to price and are nondiscriminatory among similarly situated independent creator/owners. 2) Coordination among Independent Music Creator Owners is directly related to and reasonably necessary for negotiations with a DOMP, in a way consistent with antitrust laws. 3) Negotiations involve only Independent Music Creator Owners and/or DOMPs (no third-party non-owners or non-DOMP entities).
  • Rule of Construction (Section 3(c))
    • The act does not modify, impair, or supersede other antitrust laws outside the safe harbor provisions.
  • Findings (Section 2)
    • Emphasizes music as a cultural and economic driver and describes the online distribution market as distorted by platform power.
    • Critiques the DMCA-based notice-and-takedown regime as a “gigabit-speed” whack-a-mole that places responsibility on creators to police unlicensed use.
    • Notes perceived inefficacy of antitrust exemptions currently in play and the need to balance protection of online platforms with fair licensing for creators.

Who would be affected

  • Eligible participants:
    • Individual Music Creator Owners: independent musicians, groups, producers, engineers, and related entities that own copyrights to sound recordings or musical works and meet the revenue/NAICS criteria.
  • Beneficiaries:
    • Independent creators who would gain a legal pathway to collectively negotiate licensing terms.
  • Licensed platforms:
    • Dominant Online Music Distribution Platforms that would be subject to collective negotiating terms under the safe harbor (as long as negotiations meet the criteria).
  • AI developers:
    • Companies developing generative AI used to create or manipulate music would be relevant if negotiations involve terms related to their use of music, subject to the safe harbor provisions.

Procedural and timeline aspects

  • Introductory event/date: June 10, 2026
  • Referral: House Committee on the Judiciary
  • The bill lays out definitions and a safe harbor framework but does not specify enforcement timelines, funding, or regulatory agencies beyond the antitrust framework. If enacted, it would require interpretation by courts and potentially rulemaking or guidance to define “nondiscriminatory” practices and the precise scope of collective activities.

Potential impacts and considerations

  • Positive potential:
    • Could improve bargaining power for independent creators.
    • May lead to more favorable licensing terms and revenue shares for small and mid-sized music creators.
    • Could address perceived imbalance in online music markets and reduce reliance on ineffective notice-and-takedown regimes for independent owners.
  • Risks and considerations:
    • Scope and boundaries of safe harbor could invite legal debates over what constitutes “similarly situated” creators and what is adequately “related to negotiations.”
    • Interaction with existing antitrust law and potential for litigation if a party challenges the scope or effect of the safe harbor.
    • Impact on DOMPs’ business models and licensing practices, including potential shifts in pricing or exclusive arrangements.

If you’d like, I can provide a comparative analysis with similar safe-harbor proposals or draft a one-page briefing for policymakers or stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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