Important Update: The Group III, Phase A Distribution commenced at the end of December 2013. Publishers who did not opt into the Late Fee Program before the deadline for Group III, Phase A may register for Group III, Phase B and Group IV.

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, distribution of P&U Royalties accrued for products released in 2009 and 2010 has commenced, and further P&U Royalties for products released between 2011 and 2017 will be distributed in three phases as follows:

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.

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?

Registration for Group III, Phase A of the Late Fee Program ended on October 31, 2012. Group III-B 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 who did not opt into the Late Fee Program before the deadline for Group III, Phase A. Publishers and societies that opted into Group I and/or Group II of the Late Fee Program but did not opt into Group III, Phase A must opt in again to participate in Group III, Phase B and Group IV. Publishers who did not participate in Group I or Group II can participate in Group III, Phase B by opting into the Late Fee Program for Group III, Phase B and Group IV. A Participating Music Publisher (but not a foreign society) must be a member of the NMPA on or before the date of the submission of the Group III-B Opt-In Form.

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

Publishers may register for Group III, Phase B and Group IV of the Late Fee Program by following the steps below:

  1. The Publisher (unless it is a foreign society) must be a member of NMPA at the time it submits its MOU 2 NMPA Late Fee Group Group III-B Opt-In Form ("MOU 2 Opt-In Form"). If a Publisher is not a member of NMPA, it may join by contacting the NMPA as indicated on the NMPA website at www.NMPA.org.
  2. An authorized representative of the Publisher must complete and submit the MOU 2 Opt-In Form to the Administrator. Unless the Publisher returns a valid MOU 2 Opt-In Form that is timely received, it will not participate in the Program for Group III, Phase B and cannot receive Group III, Phase B funds distributed under the Program.
  3. The Publisher must submit a completed Catalog Registration Form, or, if the Publisher participated in Group I and Group II of the Late Fee Program, a Catalog Confirmation Form to the Administrator.

The deadline to submit the MOU 2 NMPA Group III-B Late Fee Program Opt-In Form to the Administrator is November 1, 2014.

Please Note the Following Important Dates:
DateEvent
October 31, 2012
[Expired]
Registration Deadline for Group III, Phase A
December 2013 Group III, Phase A Distribution Commenced
November 1, 2014
[Expired]
Registration Deadline for Group III, Phase B