Press Release

Songwriters and Music Publishers ask the Copyright Office to reject music giveaway.
The National Music Publishers' Association (NMPA) and The Songwriters Guild of America (SGA) today urged the United States Copyright Office to reject calls by record companies to impose a moratorium on the payment of certain royalties to songwriters and music publishers for use of their works over the Internet. NMPA and SGA instead urged the Copyright Office to proceed to convene a Copyright Arbitration Royalty Panel, or "CARP", to determine rates and terms that should apply to new online music services.

NMPA President and CEO Edward P. Murphy said, "The record companies and their allies are seeking to minimize their obligation to pay - or to pay nothing at all - for the right to reproduce and distribute copyrighted musical works over the Internet. Our comments urge the Copyright Office to reject this unfair proposal and to follow current law to resolve this commercial dispute through either voluntary negotiations or arbitration."

SGA President George David Weiss agreed. "America's songwriters create the works that are the very backbone of the music business, and we are proud of our role. But we cannot and will not stand to see our works reproduced and distributed without payment while the record industry continues to dabble, dawdle and delay in their efforts to enter the online music market. It is simply unfair for America's songwriters to be asked to give a permanent subsidy -- or even a temporary float -- to multinational entertainment companies."

The NMPA/SGA reply comments were filed in connection with an ongoing Copyright Office inquiry to determine whether the Office should institute a formal rulemaking proceeding to categorize business models for online music delivery. The Recording Industry Association of America (RIAA) petitioned the Office in November 2000 and asked that the agency initiate such a rulemaking.

In their filing, NMPA/SGA argued that the Copyright Office does not have the authority to alter the existing statutory licensing system or suspend royalty payments, as requested by the RIAA. The songwriters and publishers further cautioned that any attempt to draft rules that apply in the future is doomed to failure due to rapid technological advances and constantly changing business models in the online world. The two groups instead urged the Office to adhere to Congress' intent and convene a CARP so that royalty rates and terms can be decided in a fair arbitration process based on the specific services that presently seek to make copyrighted music available over the Internet.

The National Music Publishers' Association, Inc., founded in 1917, works to protect and advance the interests of the music publishing industry. With over 800 members, NMPA represents the most important and influential music publishing firms throughout the United States. Established in 1927, The Harry Fox Agency, Inc., the licensing subsidiary of NMPA, provides an information source, clearing house and monitoring service for a large percentage of music manufactured, distributed, and transmitted electronically in the United States and around the world. HFA represents more than 27,000 music publisher principals, which in turn represent the interests of more than 150,000 songwriters.

The Songwriters' Guild of America is the nation's oldest and largest organization run exclusively by and for songwriters. SGA is an unincorporated, voluntary association representing approximately 5,000 songwriters throughout the United States and the estates of deceased SGA members. SGA is governed by a board composed entirely of songwriters. Among other functions, SGA provides music licensing, royalty collection and audit services for its writer members.

The Harry Fox Agency, Inc. provides an information source, clearing house and monitoring service for licensing musical copyrights, and acts as licensing agent for more than 26,000 music publisher principals, who in turn represent the interests of more than 150,000 songwriters.


Reply comments of The National Music Publishers' Association to Copyright Office in the matter of Mechanical And Digital Phonorecord Delivery Compulsory License