Member Alert
| NMPA Announces Settlement of XM Satellite Radio Class Action Lawsuit |
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***CONFIDENTIAL*** NMPA is pleased to announce that the association and its members Warner/Chappell and Sony/ATV have reached a settlement in their music publisher class action lawsuit against XM Satellite Radio, Inc. - a settlement that will benefit music publishers and their songwriters. This settlement comes after hard work from the NMPA team. NMPA recognized the need for action on behalf of music publishers and songwriters when XM launched its XM+MP3 service along with the sale of devices that could record, store and replay music from that service. NMPA believed the service and devices, similar to iTunesŪ and iPodsŪ, constituted the equivalent of a digital music download service. However, prior to the lawsuit, XM had refused to license songs for such use. NMPA, through its member representatives, brought the class action lawsuit to make clear to another unauthorized digital service that it must pay music publishers and songwriters for the songs it exploits. As a result of NMPA's efforts, HFA publisher-principals now have the opportunity to opt-in to the same settlement as Warner/Chappell and Sony/ATV. HFA publisher-principals who opt in will receive a lump-sum payment for XM's past use of their songs. Moreover, HFA publisher-principals who opt in will, on a going forward basis, receive the gross revenues collected on their behalf by HFA so that they may continue to be compensated for XM's reproduction and distribution of their songs. The terms of the agreement are confidential and must not be discussed publicly in any fashion. HFA publisher-principals will be receiving an opt-in notice by U.S. mail in the next few days and can also access information regarding the settlement opt-in process that will run through September 30, 2009, at www.harryfox.com. |
