FOR IMMEDIATE RELEASE
October 2, 2008
NMPA Hails Copyright Board's Rate Decision
Positive Result for Songwriters and Music Publishers
WASHINGTON - October 2, 2008 - The Copyright Royalty Board announced today,
new mechanical rate terms for physical products (such as CDs), permanent
downloads (such as iTunes) and ringtones. Songwriters and music publishers
will be paid a rate of 9.1 cents for digital downloads. The CRB judges also
ruled that the rate for physical products will remain at 9.1 cents. Each
will be subject to an overtime rate. The CRB judges also established for the
first time a rate of 24 cents for each ringtone subject to the Section 115
mechanical license. Furthermore, music publishers will have the right to
seek a 1.5 percent late fee, calculated monthly.
David Israelite, President and CEO of the National Music Publishers'
Association - which represented songwriters and music publishers before the
Board - hailed the decision as a positive development for all songwriters
and music publishers.
"We are happy that the judges recognize the importance of songwriters and
music publishers to the music industry," said Israelite. "Coupled with the
historic agreement announced two weeks ago, this decision represents an
important milestone for the music industry. These events will bring clarity
and order to an environment that for the past decade has been hampered by
litigation and uncertainty on all sides. In the end, songwriters and music
publishers will have incentive to create and market music, and music fans
will reap the rewards."
The announcement is the culmination of a trial that began in January, and
marks the first time the Board has established mechanical royalty rates for
songs distributed digitally.
The Board also adopted the terms of an historic industry settlement on rates
for two other types of services - interactive streaming (such as some
Napster services) and limited downloads (such as Rhapsody To Go). Details of
that agreement between NMPA, the Nashville Songwriters Association
International (NSAI), the Songwriters Guild of America (SGA). the Recording
Industry Association of America (RIAA) and the Digital Media Association
(DIMA) were announced last week.
The music publishers and songwriters were represented in the trial by the
NMPA, along with NSAI and SGA.
Steve Bogard, NSAI President, said, "The Nashville Songwriters Association
International (with the California and Texas Songwriters Associations, ) is
pleased that the Copyright Royalty Board has chosen to recognize the
personal investment and contribution of songwriters to the American music
industry. The United States, the source of so much of the world's great
popular music must lead the way in compensating creators for their work and
making it possible for our publishing partners to continue to invest in the
nurturing and development of great young songwriting talent. NSAI believes
that in the long run this decision is in the very best interests of
consumers, digital media content providers, and the entire music industry."
Rick Carnes, President of SGA, said, "The CRB has confirmed the proposal of
rates for interactive streaming and limited downloads formulated
cooperatively by songwriters, music publishers, the recording industry and
the digital media groups, which will clarify the licensing of this growing
area of digital commerce and provide needed royalty payments to songwriters.
The Songwriters Guild of America is gratified that the CRB has adopted these
rates, which will assist music creators in their quest to make a living from
their profession.
Carnes added, "Today, the CRB also faithfully implemented U.S. copyright law
by giving songwriters the ability to earn a fair return on their works. As
so many songwriters testified during this process, our community has been
struggling to keep our profession alive, and the CRB's decision could not
have come at a more important time."
"Today's announcement is the culmination of months and months of tireless
work by staff and outside counsel on behalf of music publishers and
songwriters, and I want to acknowledge and thank them for their commitment,"
Israelite said.
About the NMPA
Founded in 1917, the National Music Publishers' Association (NMPA) is a
trade association representing American music publishers. The NMPA's mandate
is to protect and advance the interests of music publishers and their
songwriter partners in matters relating to the domestic and global
protection of music copyrights.
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