Independent Music Publishers Can Opt Into Key YouTube License Agreement, Via NMPA & HFA

Licensing for online media saw an important evolution this past August when the National Music Publishers Association (NMPA) and YouTube’s parent company, Google, settled an NMPA lawsuit. The resulting settlement paved the way for increased efficiencies for UGC (User Generated Content) to use and legally license copyrighted music on videos that are posted on YouTube.

Music publishers have a limited window to share in royalties of synch licenses for YouTube content.

As a result, the NMPA and The Harry Fox Agency, Inc. (HFA) have announced a time-sensitive development: It offers to all independent music publishers, whether or not they are affiliated with HFA, the opportunity to opt into a direct license agreement with YouTube by going to http://www.youtubelicenseoffer.com.

Publishers can opt in to the agreement between November 17, 2011 and January 16, 2012. The link at http://www.youtubelicenseoffer.com provides a significant amount of additional detail and is worth a read for all publishers and artists.

In its announcement, HFA explained that earlier this year the NMPA, HFA and YouTube concluded a landmark agreement whereby independent music publishers may grant the rights necessary for the synchronization of their musical works with certain videos posted by YouTube users.

HFA will administer these direct license agreements between YouTube and publishers. Royalties will be based on advertising revenue collected worldwide by YouTube from ads placed alongside user-generated videos.

Independent publishers who have opted into the License Agreement and the YouTube Licensing Offer (“HFA Participating Publishers”) using HFA as the License Administrator will receive a share of an up to $4,000,000 recoupable advance pool that has been created.

HFA will apply its relationships with the publishing community and deep licensing experience to administer the direct YouTube license agreements.  Participation is available to all independent publishers in the U.S.

Publishers must sign up for the YouTube direct licensing agreement at http://www.youtubelicenseoffer.com from November 17, 2011 through January 16, 2012 to be eligible for an advance.

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