Protect Working Musicians Act of 2023

Limits liability under antitrust laws for Individual Music Creator Owners who collectively negotiate or refuse licensing to Dominant Online Music Distribution Platforms or generative AI companies. Specifies conditions for collective negotiations, ensuring consistency with antitrust operations.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

This document has minimal coverage of AI risk domains, with only subdomain 6.3 (Economic and cultural devaluation of human effort) receiving a coverage score of 2. The document primarily addresses antitrust and market power issues in music licensing rather than AI-specific risks. While generative AI is mentioned as a potential licensing target, the document does not substantively address AI risks or harms.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Arts, Entertainment & Recreation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Scientific Research & Development Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (online music distribution platforms) and the Arts, Entertainment, and Recreation sector (musicians and music creators). It also extends to the Scientific Research and Development Services sector through its coverage of generative AI companies.

Legislative Status

Hard Law

Legislative Status Summary

This is a proposed federal statute (Act of Congress) that would create binding legal obligations with explicit antitrust law exemptions and limitations of liability. The document uses mandatory legal language and would have the force of federal law if enacted.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress
  • Summary: The document is titled 'Protect Working Musicians Act of 2023' and lists 'United States Congress' as the authority. Congress is the legislative body proposing this Act.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Entities: Dominant Online Music Distribution Platforms; companies engaged in development or deployment of generative artificial intelligence; Individual Music Creator Owners
  • Summary: The Act applies to and regulates the relationship between Individual Music Creator Owners and two types of entities: Dominant Online Music Distribution Platforms and companies developing or deploying generative AI. These entities are the targets of the collective negotiation provisions.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Federal courts; Federal Trade Commission (implied); Department of Justice Antitrust Division (implied)
  • Summary: The Act creates a safe harbor from antitrust liability, which would be enforced through the existing federal antitrust enforcement framework involving courts, the FTC, and DOJ. The document references the Clayton Act and Federal Trade Commission Act, indicating these existing enforcement bodies would apply the safe harbor provisions.

Monitor

  • Summary: The document does not specify any monitoring body, oversight agency, or evaluation entity. The Act creates a safe harbor from liability but does not establish monitoring or reporting requirements.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

No lifecycle stages identified.

AI Lifecycle Summary

The document does not substantively address AI lifecycle stages. While it mentions generative AI as a potential licensing target, it does not govern AI development, deployment, or operational processes. The focus is on antitrust exemptions for collective licensing negotiations rather than AI system governance.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Generative AI

Technical Scope Summary

The document mentions generative AI only in the context of defining entities with whom musicians can collectively negotiate licensing terms. It provides a basic definition of generative AI but does not address AI models, systems, or technical specifications beyond this definitional purpose. No compute thresholds, model types, or technical AI governance measures are discussed.

https://www.congress.gov/bill/118th-congress/house-bill/5576
https://agora.eto.tech/instrument/568
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Document data from AGORA, CSET Emerging Technology Observatory.