Court Upholds Ringtone Rate and Late Fee Provision of Copyright Royalty Board in Publishers’ Favor

June 25, 2010

June 25, 2010

WASHINGTON – A U.S. appeals court this week upheld the ringtone rate and late fee due music publishers from record labels as set by the Copyright Royalty Board (CRB) in 2008.

The CRB in October 2008 issued a decision setting rates and terms for the Section 115 mechanical license, including a mechanical royalty rate for ringtones of 24 cents per ringtone and a late fee of 1.5 percent. The CRB’s ringtone and late fee determinations were appealed by the Recording Industry Association of America before the U.S. Court of Appeals for the District of Columbia Circuit.

“This is an important victory for songwriters and music publishers in what has been a long but successful rate-setting process,” said NMPA President and CEO David Israelite. “The efforts of the last three and a half years have brought more clarity to the digital marketplace, and affirmation by the Copyright Royalty judges of the important role of songwriters and music publishers to the creation of music.”

PDF DOWNLOAD: DC Circuit Court Opinion

About the NMPA
Founded in 1917, the National Music Publishers’ Association (NMPA) is the trade association representing American music publishers and their songwriting partners. The NMPA’s mandate is to protect and advance the interests of music publishers and songwriters in matters relating to the domestic and global protection of music copyrights.