The "Protect Working Musicians Act of 2026" seeks to rectify a significant power imbalance in the digital music market, where dominant online platforms dictate terms to independent music creators. Congress finds that these platforms exploit their market power and the "notice and takedown" system of the Digital Millennium Copyright Act, making it nearly impossible for individual creators to negotiate fair licensing rates. This imbalance has led to diminished careers and economic hardship for many musicians. To address this, the bill establishes a safe harbor under antitrust laws, allowing Independent Music Creator Owners (IMCOs) to collectively negotiate or refuse to license their music. An IMCO is defined as a copyright owner of sound recordings or musical works who earns less than $1 million in annual licensing revenues or qualifies as a small business. The safe harbor applies to negotiations with Dominant Online Music Distribution Platforms , which are entities with over $100 million in annual music distribution revenue, and companies involved in generative artificial intelligence . For the safe harbor to apply, these collective negotiations must not be limited to price, must be non-discriminatory, and must be directly related and reasonably necessary for negotiations consistent with antitrust principles. This legislation aims to empower smaller creators by enabling them to collectively bargain for more equitable terms, thereby fostering a healthier and more competitive music ecosystem.
The "Protect Working Musicians Act of 2026" seeks to rectify a significant power imbalance in the digital music market, where dominant online platforms dictate terms to independent music creators. Congress finds that these platforms exploit their market power and the "notice and takedown" system of the Digital Millennium Copyright Act, making it nearly impossible for individual creators to negotiate fair licensing rates. This imbalance has led to diminished careers and economic hardship for many musicians. To address this, the bill establishes a safe harbor under antitrust laws, allowing Independent Music Creator Owners (IMCOs) to collectively negotiate or refuse to license their music. An IMCO is defined as a copyright owner of sound recordings or musical works who earns less than $1 million in annual licensing revenues or qualifies as a small business. The safe harbor applies to negotiations with Dominant Online Music Distribution Platforms , which are entities with over $100 million in annual music distribution revenue, and companies involved in generative artificial intelligence . For the safe harbor to apply, these collective negotiations must not be limited to price, must be non-discriminatory, and must be directly related and reasonably necessary for negotiations consistent with antitrust principles. This legislation aims to empower smaller creators by enabling them to collectively bargain for more equitable terms, thereby fostering a healthier and more competitive music ecosystem.