MOU 2 NMPA Late Fee Program
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, 2012 (“Groups I, II and III”) has ended. P&U Royalties for products released between 2013 and 2017 will be distributed in two phases as follows:
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.
Who Is Eligible to Participate in the MOU 2 NMPA Late Fee Program?
Registration for Group III, of the MOU 2 NMPA Late Fee Program has ended. Group IV of the Late Fee Program is 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 2013 through 2017. Publishers who opted into Group III, Phase A or Phase B do not need to opt in again but will be asked to review the information submitted during Group III to verify that this is accurate. 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 or Phase B will need to opt in again to participate in Group IV. Publishers who did not participate in Group I, Group II or Group III may participate in Group IV by opting into the Late Fee Program for 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 MOU 2 Opt-In Form.
What Do I Need to Do to Participate in Group IV of the Late Fee Program?
Publishers will be able to register for Group IV of the Late Fee Program by following the steps below:
- The Publisher (unless it is a foreign society) must be a member of NMPA at the time it submits its 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.
- An authorized representative of the Publisher must complete and submit the MOU 2 Opt-In Form to the Administrator so that it is received no later than November 30, 2016. Unless the Publisher returns a valid MOU 2 Opt-In Form that is timely received, it will not participate in the Program for Group IV, Phase A and will not receive Group IV, Phase A funds distributed under the Program.
- The Publisher must submit a completed Catalog Registration Form, or, if the Publisher participated in Group III of the Late Fee Program, a Catalog Confirmation Form to the Administrator.
November 30, 2016
Registration Deadline for Group IV, Phase A