,i #aaith ,,congress #ast ,session ,h4 ,r4 #effd ,,in ,,the ,,house ,,of ,,representatives ,september #cj1 #bjbe,ms4 ,tlaib 7for herself1 ,mrs4 ,mc,iver1 ,ms4 ,ocasio-,cortez1 ,ms4 ,omar1 ,mrs4 ,ramirez1 and ,mr4 ,thompson of ,mississippi7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,artist ,compensation ,royalty ,fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,living ,wage for ,musicians ,act of #bjbe4 #b4 ,artist ,compensation ,royalty ,fund 7a7 ,establishment 7#a7 ,in general ,the ,register1 with the approval of the ,librarian of ,congress1 shall designate an eligible entity to establish and administer a fund to be known as the ,artist ,compensation ,royalty ,fund4 7#b7 ,notice of designation in ,federal ,register ,not later than #cj days after the eligible entity is designated under paragraph 7#a71 the ,register shall publish a notice in the ,federal ,register that-- 7,a7 includes the contact information for the eligible entity2 and 7,b7 the reason for why the ,register designated the eligible entity under such paragraph4 7b7 ,deposit of amounts into ,fund 7#a7 ,deposit ,the ,fund ,administrator shall deposit into the ,fund any amounts received by the ,fund ,administrator under paragraph 7#b7 or 7#c74 7#b7 ,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 designated1 and each calendar quarter thereafter1 a service provider shall provide to the ,fund ,administrator1 for deposit into the ,fund-- 7,a7 the amounts collected by the service provider in the prior calendar quarter from the living wage royalty fee2 and 7,b7 #aj percent of any non-subscription revenue received by the service provider in the prior calendar quarter4 7#c7 ,amounts from sources other than service providers ,the ,fund ,administrator may receive amounts for deposit into the ,fund from any source1 including from a ,federal1 ,state1 or local government4 7c7 ,use of ,fund ,amounts in the ,fund shall be made available in accordance with section #c4 #c4 ,payments to musical artists from ,artist ,compensation ,royalty ,fund 7a7 ,in general 7#a7 ,allocation of payments ,amounts in the ,fund shall be allocated as follows3 7,a7 #ij percent of such amounts shall be allocated for payments to eligible featured artists4 7,b7 #aj percent of such amounts shall be allocated for payments to eligible non-featured artists4 7#b7 ,payments from ,fund ,not later than the last day of the calendar quarter in which amounts are first deposited into the ,fund under section #b7;b77#b71 and once each calendar quarter thereafter1 the ,fund ,administrator shall promptly provide-- 7,a7 a percentage of the amount allocated under paragraph 7#a77;,a7 of this subsection to each eligible featured artist1 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 quarter2 and 7,b7 payment from the amount allocated under paragraph 7#a77;,b7 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 7or any successor ,fund7 for distribution to each eligible non-featured artist4 7#c7 ,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 7#b77;,a71 and is unable to identify such artist at such time1 the ,fund shall-- 7,a7 retain the required payment in a segregated trust account2 and 7,b7 if the ,fund ,administrator is not able to identify such artist after a period determined reasonable by the ,fund ,administrator1 deposit the payment back into the ,fund4 7b7 ,retention of records ,the ,fund ,administrator shall-- 7#a7 keep books and records relating to-- 7,a7 amounts provided to the ,fund ,administrator under section #b7;b77#b72 and 7,b7 amounts distributed from the ,fund under subsection 7a7 of this section2 and 7#b7 retain any such book or record for a period of not less than #c calendar years after the date on which such book or record is created4 #d4 ,service ,provider ,obligations 7a7 ,living wage royalty fee ,beginning on a date determined appropriate by the ,fund ,administrator1 the service provider shall charge each person charged a subscription fee by the service provider an additional fee in an amount equal to #ej percent of the subscription fee charged by the service provider1 except that such additional fee shall not be an amount less than #d or more than #aj4 7b7 ,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 7a71 the service provider shall include a line item describing such additional fee4 7c7 ,treatment of royalty ,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 provider4 7d7 ,records 7#a7 ,retention ,beginning on the date on which the ,fund ,administrator is designated-- 7,a7 each service provider shall keep books and records relating to activities carried out by the service provider under this ,act2 and 7,b7 retain such book and records for a period of not less than #c calendar years after the date on which such book or record is created4 7#b7 ,regulations ,the ,fund ,administrator may-- 7,a7 require1 by regulation1 that service providers provide the ,fund ,administrator information on-- 7i7 non-subscription revenue received by the service provider2 7ii7 revenue received by the service provider from subscription fee2 7iii7 the collection of the living wage royalty fee by the service provider2 and 7iv7 data of the service provider with respect to the number streams accrued by artists through such service provider2 and 7,b7 audit the books and records of a service provider to verify any information provided by that service provider under subparagraph 7,a74 #e4 ,enforcement ,the ,fund ,administrator may establish1 by regulation1 penalties for-- 7#a7 a violation of a prohibition under this ,act by a service provider2 or 7#b7 a failure to comply with a requirement under this ,act by a service provider4 #f4 ,definitions ,in this ,act3 7#a7 ,artist ,the term artist-- 7,a7 means a human creator2 and 7,b7 does not include-- 7i7 corporate entities2 or 7ii7 fully generative artificial intelligence4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a single non-profit entity that is-- 7i7 established solely for the purpose of establishing and administering the ,fund2 7ii7 governed by a ,board of ,directors that includes-- 7,i7 committees that are composed of a mix of voting and nonvoting members2 and 7,,ii7 artist representatives as members of the ,board2 and 7iii7 able to demonstrate to the ,register that1 by the date described under section #c7;a77#b7 the entity will have the administrative and technological capabilities to establish and administer the ,fund in accordance with this ,act2 and 7,b7 if no entity meets the criteria under subparagraph 7,a71 an entity determined by the ,register to most nearly fit such criteria4 7#c7 ,eligible featured artist ,the term eligible featured artist means a featured artist who-- 7,a7 registers with the ,fund2 and 7,b7 provides the ,fund ,administrator with the information determined necessary by the ,fund ,administrator-- 7i7 identify or locate such featured artist2 and 7ii7 provide payment to such featured artist 7or a person designated by such artist to receive such payment on behalf of such artist74 7#d7 ,eligible non-featured artist defined ,in this paragraph1 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 7or any successor ,fund7 with the information determined necessary by such ,fund-- 7,a7 to identify or locate such non-featured artist2 and 7,b7 provide payment to the non-featured artist 7or a person designated by such artist to receive such payment on behalf of such artist74 7#e7 ,end user ,the term end user means a unique person that receives an offering from the service provider1 including the following3 7,a7 ,a person who pays no fee for receiving the offering4 7,b7 ,a person who pays a subscription fee for receiving the offering4 7#f7 ,featured artist ,the term featured artist means an artist who is prominently featured on a sound recording made available through an offering4 7#g7 ,fund ,the term ,fund means the ,artist ,compensation ,royalty ,fund established by the ,fund ,administrator under section #b7;a74 7#h7 ,fund ,administrator ,the term ,fund ,administrator means the eligible entity designated under section #b7;a77#a74 7#i7 ,living wage royalty fee ,the term living wage royalty fee means the additional free required to be charged under section #d7;a74 7#aj7 ,master recording ,the term master recording means the original sound recording of a song4 7#aa7 ,non-featured artist ,the term non-featured artist-- 7,a7 means an artist who is not prominently featured on a sound recording made available through an offering2 and 7,b7 includes the following3 7i7 ,a session musician4 7ii7 ,a back-up vocalist4 7#ab7 ,non-subscription revenue ,the term non-subscription revenue means any revenue received from music streaming 7including revenue received from advertising with respect to such music streaming71 other than revenue from a subscription fee4 7#ac7 ,offering ,the term offering means the provision of a stream by a service provider4 7#ad7 ,qualifying stream ,the term qualifying stream means with respect to a master recording and a calendar month1 the lesser of-- 7,a7 the number of streams of the master recording accrued by the eligible featured artist in that calendar month2 and 7,b7 #a1jjj1jjj streams4 7#ae7 ,register ,the term ,register means the ,register of ,copyrights4 7#af7 ,service provider ,the term service provider means an entity1 that-- 7,a7 provides a stream to an end user2 7,b7 contracts with or has a direct relationship with an end user to provide such streams2 and 7,c7 controls which such streams are made available to such end users4 7#ag7 ,stream ,the term stream-- 7,a7 means an interactive1 encrypted digital transmission that embodies a master recording that allows a person to receive and listen to such master recording upon request at a time chosen by the person2 7,b7 does not include a temporary copy of such master recording-- 7i7 generated by a service provider in the course of providing the transmission2 and 7ii7 used solely for the purpose of caching or buffering4 7#ah7 ,subscription fee ,the term subscription fee means a monthly fee that a person pays to the service provider to access an offering of the service provider1 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 value4