Important Update: The Group III, Phase A Distribution commenced at the end of December 2013.

Group III and IV Overview

On November 10, 2009, the National Music Publishers’ Association (“NMPA”) and The Harry Fox Agency, Inc. (“HFA”) entered into a Memorandum of Understanding (the “MOU”) with the Recording Industry Association of America. In April 2012, the parties to the MOU agreed to extend similar arrangements through at least 2017 (“MOU 2”). MOU 2 creates a comprehensive program (“NMPA Late Fee Program” or “Late Fee Program”), whereby the Record Companies and music publishers will work together to improve mechanical licensing practices and encourage prompt dispute resolution. In exchange for waivers of certain late fees, the Record Companies must comply with the provisions of MOU 2, including paying participating music publishers and foreign societies their respective market shares of accrued pending and unmatched royalties (“P&U Royalties”).

Distribution of the initial installments of P&U royalties accrued for products released on or before December 31, 2008 (“Groups I and II”) has ended. Under MOU 2, P&U Royalties will be distributed in four phases as follows:

Group III, Phase A—P&U royalties accrued for products released in 2009 and 2010;

Group III, Phase B—P&U royalties accrued for products released in 2011 and 2012;

Group IV, Phase A—P&U royalties accrued for products released in 2013 and 2014; and

Group IV, Phase B—P&U royalties accrued for products released in 2015 through 2017.

Registration for distributions of P&U Royalties under MOU 2 commenced in late summer 2012. Registration for Group III ended on October 31, 2012.

For more details, please consult the NMPA Late Fee Program Overview or the Frequently Asked Questions on this website.

Who Is Eligible to Participate in Group III
and Group IV of the Late Fee Program?

Group III and Group IV of the Late Fee Program are open to music publishers and foreign societies with musical compositions initially distributed by one or more Record Companies in the United States during the years 2009 through 2017. Publishers and societies that opted into Group I and/or Group II of the Late Fee Program must opt in again to participate in Group III and Group IV. Publishers who did not participate in Group I or Group II could have participated in Group III by opting into the Late Fee Program for Groups III and IV. A Participating Music Publisher (but not a foreign society) must have been or become a member of the NMPA on or before the date of the submission of the MOU 2 NMPA Late Fee Program Opt-In Form.

What Did I Need to Do to Participate in Group III
and Group IV of the Late Fee Program?

Publishers had to take the following steps to participate in Group III and Group IV of the Late Fee Program:

  1. The Publisher (unless it is a foreign society) must have been or become a member of NMPA at the time it submitted its MOU 2 Opt-In Form. If a Publisher is not a member of NMPA, it may join by completing the NMPA membership application form.
  2. An authorized representative of the Publisher must have completed and submitted the MOU 2 NMPA Late Fee Program Opt-In Form (“MOU 2 Opt-In Form”) to the Administrator. Unless the Publisher returned a valid MOU 2 Opt-In Form that was timely received, it will not participate in the Program for Group III, Phase A and cannot receive Group III, Phase A funds distributed under the Program.
  3. The Publisher must have submitted a completed Late Fee Program Catalog Registration Form (“Catalog Registration Form”) or, if the Publisher participated in Group I and Group II of the Late Fee Program, a Catalog Confirmation Form (“Catalog Confirmation Form”) to the Administrator.

The deadline to submit the MOU 2 NMPA Late Fee Program Opt-In Form to the Administrator passed on October 31, 2012.

Please Note the Following Important Dates:
DateEvent
October 31, 2012
[Expired]
Deadline to submit Opt-In Form and Catalog Registration/Confirmation Form
December 2013 Group III, Phase A Distribution Commenced