By Gwendolyn Seale
Information broke earlier this week that the Nationwide Music Publishers Affiliation (NMPA) and Spotify struck a deal that provides unbiased publishers the chance to license their track catalogs for audiovisual makes use of on the platform. Materials particulars of this opt-in deal haven’t been publicized, and as Chris Fortress just lately opined, we’re all flying blind till the deal phrases are literally launched: .
The timing of the announcement is considerably shocking notably contemplating the backdrop of the infamous bundling fiasco, whereby Spotify started bundling audiobooks with music, leading to a decrease mechanical royalty “fee” for songwriters in spring 2024. The lawsuit filed by the Mechanical Licensing Collective in opposition to Spotify for this conduct is ongoing, the NMPA filed an FTC criticism on the matter, and songwriters and publishers are gearing up for Phonorecords V which is able to begin the approaching months. Nonetheless, Spotify has been participating in sync makes use of for years with out the correct licenses and clearly wanted agreements in place earlier than rolling out its new video options to rival TikTok and YouTube (which I don’t foresee being a profitable pivot).
It’s important that the phrases of this new direct license are disclosed and quick. The longer the wait, the extra justifiably suspicious the general public turns into. Significantly after we are speaking about Spotify – the corporate that constructed its wealth on the willful infringement of songwriters and artists worldwide, that fought to pay the bottom doable mechanical royalty charges for years, that enshrined a coverage to demonetize sound recordings with out 1,000 streams per yr and diminished mechanical royalty funds by participating in a bundling scheme.
This quote from the joint Spotify / NMPA press launch encapsulates the shortage of readability right here:
This deal, a minimum of, probably creates a pathway for any alleged unlicensed movies on Spotify to turn out to be licensed.
Whereas the phrases of the deal are unknown to the general public, what instantly got here to thoughts had been the doable implications for unbiased songwriters. I work with many self-published songwriters who use the assorted publishing aggregator companies like Tunecore or Songtrust to gather their worldwide mechanical royalties and nanopennies from UGC and A/V makes use of of their songs. So on a whim, I made a decision to revisit the Phrases of Service for each platforms to see whether or not or not they might opt-into a deal like this new Spotify/ NMPA direct license. Based mostly on the language of every’s Phrases of Service, the reply seems to be sure.
Part 7.2 of Tunecore’s Supplemental Phrases and Situations – Publishing Administration (https://www.tunecore.com/phrases#publishing-administration – final visited 11/14/2025):
However something on the contrary contained herein, Writer shall have the fitting, however not the duty, to decide its catalog of administered compositions (together with the Compositions) into licensing preparations and industry-wide settlements for the restoration of royalties offered and endorsed by advocacy teams such because the Nationwide Music Publishers Affiliation with out your prior consent.
Part 11 of Songtrust’s Phrases of Service (https://app.songtrust.com/terms-of-service – final visited 11/14/2025):
The correct, however not the duty, to enter into blanket, group or class fits and settlements (e.g., NMPA settlements) for the restoration of royalties offered and endorsed by advocacy teams in your behalf and in reference to the Compositions, with out your prior consent. Financial recoveries from such settlements shall be allotted by Songtrust in its sole, affordable enterprise discretion, after first deducting Songtrust’s associated {industry} dues and any out-of-pocket bills incurred by Songtrust of acquiring stated monies, together with affordable authorized charges and bills.
In fact, questions stay relating to whether or not Songtrust (itself or by its mum or dad, Downtown) or Tunecore (itself or by its mum or dad, Consider) are NMPA members or may in any other case be capable to opt-in to the Spotify/NMPA direct audiovisual license. Regardless, it’s important that the phrases of each aggregator companies present a proper for every to opt-in to NMPA preparations with out the songwriter’s consent – and go as far as to particularly title the NMPA. This amplifies the necessity for full transparency concerning the phrases of this Spotify / NMPA deal. Keep in mind, many unbiased songwriters wouldn’t have a alternative in addition to utilizing a publishing aggregator service in the event that they need to acquire all of the worldwide income from the usage of their songs (e.g., worldwide mechanicals and publishing income from UGC).
Daylight is alleged to be the perfect disinfectant. If that is such an excellent alternative and there’s nothing to cover, then present us the phrases.
