Living Wage for Musicians Act of 2025 · Introduced in House (2025-09-30)

SEC. 2. Artist Compensation Royalty Fund

(a) Establishment

(1) In general
- The Register, with the approval of the Librarian of Congress, shall designate an eligible entity to establish and administer a fund to be known as the Artist Compensation Royalty Fund.
(2) Notice of designation in Federal Register
- Not later than 30 days after the eligible entity is designated under paragraph (1), the Register shall publish a notice in the Federal Register that—
  - includes the contact information for the eligible entity; and
  - the reason for why the Register designated the eligible entity under such paragraph.

(b) Deposit of amounts into Fund

(1) Deposit
- The Fund Administrator shall deposit into the Fund any amounts received by the Fund Administrator under paragraph (2) or (3).
(2) Amounts from service providers
- Not later than the last day of the first calendar quarter after the calendar quarter in which the Fund Administrator is designated, and each calendar quarter thereafter, a service provider shall provide to the Fund Administrator, for deposit into the Fund—
  - the amounts collected by the service provider in the prior calendar quarter from the living wage royalty fee; and
  - 10 percent of any non-subscription revenue received by the service provider in the prior calendar quarter.
(3) Amounts from sources other than service providers
- The Fund Administrator may receive amounts for deposit into the Fund from any source, including from a Federal, State, or local government.

Amounts in the Fund shall be made available in accordance with section 3.

SEC. 3. Payments to musical artists from Artist Compensation Royalty Fund

(a) In general

(1) Allocation of payments
- Amounts in the Fund shall be allocated as follows:
  - 90 percent of such amounts shall be allocated for payments to eligible featured artists.
  - 10 percent of such amounts shall be allocated for payments to eligible non-featured artists.
(2) Payments from Fund
- Not later than the last day of the calendar quarter in which amounts are first deposited into the Fund under section 2(b)(2), and once each calendar quarter thereafter, the Fund Administrator shall promptly provide—
  - a percentage of the amount allocated under paragraph (1)(A) of this subsection to each eligible featured artist, that is equal to the percentage of qualifying streams accrued by the eligible featured artist in the prior calendar quarter out of all qualifying streams accrued by all eligible featured artists in the prior calendar quarter; and
  - payment from the amount allocated under paragraph (1)(B) of this subsection to the American Federation of Musicians and Screen Actors Guild and the American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund (or any successor Fund) for distribution to each eligible non-featured artist.
(3) Unclaimed funds
- If the Fund Administrator attempts to the best of the ability of the Fund Administrator to identify an eligible featured artist to provide payment to such artist under paragraph (2)(A), and is unable to identify such artist at such time, the Fund shall—
  - retain the required payment in a segregated trust account; and
  - if the Fund Administrator is not able to identify such artist after a period determined reasonable by the Fund Administrator, deposit the payment back into the Fund.

(b) Retention of records

The Fund Administrator shall—
- keep books and records relating to—
  - amounts provided to the Fund Administrator under section 2(b)(2); and
  - amounts distributed from the Fund under subsection (a) of this section; and
- retain any such book or record for a period of not less than 3 calendar years after the date on which such book or record is created.

SEC. 4. Service Provider Obligations

(a) Living wage royalty fee

Beginning on a date determined appropriate by the Fund Administrator, the service provider shall charge each person charged a subscription fee by the service provider an additional fee in an amount equal to 50 percent of the subscription fee charged by the service provider, except that such additional fee shall not be an amount less than $4 or more than $10.

(b) Notice of additional fee

In each statement or receipt a service provider provides for the charge of a subscription fee and the additional fee required by subsection (a), the service provider shall include a line item describing such additional fee.

A service provider may not include the amounts collected by the service provider from the living wage royalty fee in any calculation by the service provider of the total costs or revenue of content for the service provider.

(d) Records

(1) Retention
- Beginning on the date on which the Fund Administrator is designated—
  - each service provider shall keep books and records relating to activities carried out by the service provider under this Act; and
  - retain such book and records for a period of not less than 3 calendar years after the date on which such book or record is created.
(2) Regulations
- The Fund Administrator may—
  - require, by regulation, that service providers provide the Fund Administrator information on—
    - (i) non-subscription revenue received by the service provider;
    - (ii) revenue received by the service provider from subscription fee;
    - (iii) the collection of the living wage royalty fee by the service provider; and
    - (iv) data of the service provider with respect to the number streams accrued by artists through such service provider; and
  - audit the books and records of a service provider to verify any information provided by that service provider under subparagraph (A).

SEC. 6. Definitions

In this Act:

The term — artist
The term eligible entity means—
The term eligible featured artist means a featured artist who—
In this paragraph, the term eligible non-featured artist means a non-featured artist that provides the American Federation of Musicians and Screen Actors Guild and the American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund (or any successor Fund) with the information determined necessary by such Fund—
The term end user means a unique person that receives an offering from the service provider, including the following:
The term featured artist means an artist who is prominently featured on a sound recording made available through an offering.
The term Fund means the Artist Compensation Royalty Fund established by the Fund Administrator under section 2(a).
The term Fund Administrator means the eligible entity designated under section 2(a)(1).
The term living wage royalty fee means the additional free required to be charged under section 4(a).
The term master recording means the original sound recording of a song.
The term — non-featured artist
The term non-subscription revenue means any revenue received from music streaming (including revenue received from advertising with respect to such music streaming), other than revenue from a subscription fee.
The term offering means the provision of a stream by a service provider.
The term qualifying stream means with respect to a master recording and a calendar month, the lesser of—
The term Register means the Register of Copyrights.
The term service provider means an entity, that—
The term — stream
The term subscription fee means a monthly fee that a person pays to the service provider to access an offering of the service provider, whether or not the person pays the fee on a standalone basis or as part of a single transaction that includes such fee and another fee for one or more product or services having more than token value.

H.R. 5664

Table of contents

SEC. 1. Short title

SEC. 2. Artist Compensation Royalty Fund

SEC. 3. Payments to musical artists from Artist Compensation Royalty Fund

SEC. 4. Service Provider Obligations

SEC. 5. Enforcement

SEC. 6. Definitions