SPECIAL MESSAGE TO PUBLISHERS

How Will Songwriters Get Paid?

By definition, the funds that are the subject of this settlement are not categorized by song title. Instead, this settlement involves an agreement by all who choose to participate to distribute these funds using a market share analysis conducted by Program Administrator Kenneth Feinberg (using payment data provided by the Record Labels). It is anticipated that many publishers will distribute these funds to their songwriter partners using a distribution formula these publishers develop that takes into account each publisher's unique issues involving songwriters who did not get paid properly during the relevant period of the settlement. The market share analysis used by the Program Administrator to divide the settlement proceeds is not intended to be a formula used by any particular publisher to allocate such funds with its songwriter partners. Songwriters whose songs were not properly licensed would not be recognized in any market share analysis.

NMPA and HFA will not dictate or provide guidance as to how publishers should distribute the settlement proceeds allocated to each publisher. Furthermore, the Program Administrator has not been authorized to address, nor will he respond to, questions relating to how songwriters get paid. We suggest songwriters contact their publishers directly for guidance.

Explanation and Instructions Concerning Mail You May Have Received

If you are a publisher in the United States, you may have received numerous envelopes from the NMPA Late Fee Program Administrator with enclosed registration materials. The envelopes may have been addressed to your company or perhaps another company. In some instances you may have received an envelope addressed to the name of an unaffiliated publisher or administrator.

First of all, do not be concerned. This was expected because the Program Administrator was required to mail registration materials to every name and address supplied to the Program Administrator by the four major record labels. To maintain the integrity of the Late Fee Program it was essential to mail the registration packets to all of the names and addresses on the major record label mailing address lists. The goal was to inform the entire publishing community about the launch of the Late Fee Program, and it was determined that being over-inclusive is better than being under-inclusive.

Of key importance is that you do not file a registration for every registration envelope you receive in the mail. You should only file once, but you should pay particular attention that you fully answer Question 2 on the Registration Form, requesting identification of all your entities. This is very important. Please carefully read the Registration Form for the definition of "entity."

Receipt of the registration form does not necessarily mean that you are eligible to participate in the Late Fee Program. If you are represented by a publisher or administrator (other than The Harry Fox Agency, Inc.), that entity may be the appropriate registering party. If you are not sure, you should contact your publisher or administrator. Please read the instructions and overview materials carefully before you take any action.

If you continue to have questions, please call the hotline number - 1-866-249-8110 for more detail. If you want to talk to someone, please leave a message and someone will get back to you.