Revised Protect Working Musicians Act Aims to Help Artists Negotiate With Streaming Platforms

With streaming giants doing record business and generative AI rolling out (mostly) unregulated, lawmakers in Congress have re-introduced the Protect Working Musicians Act. Call it an attempt to give working-class musicians power in numbers. 

What is it? First proposed in the House of Representatives in October of 2021, the original bill was aimed at helping indie and DIY musicians “negotiate fairer rates and terms for the use of their music online,” namely by allowing collective negotiations with streaming platforms. 

The bill accused platforms of “dictating” deals, forcing creators to accept less than their work is worth on the open market. If they refused, the platforms would still profit, because someone would just upload the song illegally. The new version adds the potential for mischief with generative-AI to the mix.

Who's bringing it back? The new bill was developed and endorsed by the American Association of Independent Music (A2IM) and the Artist Rights Alliance (ARA), and has been introduced by Representative Deborah Ross (D-NC). 

What's new? Basically, the bill would allow indie creators or rights holders to negotiate collectively with both streaming platforms and producers of generative-AI services, without being subject to anti-trust laws. Those rights holders would have to earn “less than $1,000,000 in licensing revenues” during the prior year, or qualify “as a small business under the Office of Management and Budget North American Industry Classification System (NAICS) code 512250.”

What they’re saying: “Artists, songwriters, and independent labels have never needed each other more, and this legislation will ensure our voices are heard and we receive fair pay for our work,” said singer-songwriter Tift Merritt, Co-Chair of the Artist Rights Alliance.

“The Protect Working Musicians Act is a necessary tool for independent artists and labels to compete in today’s marketplace and receive fair compensation for their work from streaming platforms and AI companies,” added John McCrea, Co-Founder of the ARA and a founding member of the band Cake. “It is amazing that it even needs to be said, but people who make things have a fundamental right to negotiate with the giants who use and distribute their work.”