Industry update

Phonorecords V Settlement Drew Comments and Remains Open

Reviewed August 25, 2026: comments on the proposed physical and download mechanical-rate settlement closed August 10, and the Copyright Royalty Board docket remains open.

Bradley J Simons
Bradley J Simons
Updated August 25, 2026

Short answer

Reviewed August 25, 2026: the Phonorecords V comment window closed August 10 and the docket remains open. Filings include support, comments, and an objection; the judges have not adopted the proposal. The partial settlement would extend the physical, download, ringtone, and bundle mechanical-rate structure through 2032, not set interactive-streaming rates.

What happened?

The Copyright Royalty Board is running Phonorecords V, the US proceeding that sets statutory mechanical royalty rates for 2028 through 2032. On June 29, 2026, major record company participants, NMPA, NSAI, Music Artists Coalition, A2IM, and Copyright Owners filed a joint motion asking the judges to adopt a settlement for Subpart B configurations.

On July 10, 2026, the Copyright Royalty Board published that proposed settlement in the Federal Register. The August 10 comment window is now closed, and the docket contains supporting filings, comments, and an objection. As of August 25, the proceeding remains open and the judges have not adopted the proposal. Subpart B covers physical phonorecords, permanent downloads, ringtones, and music bundles, not interactive-streaming formulas.

What Phonorecords V Subpart B covers
LaneFormatWhat gets paid
Physical recordsVinyl, CDs, tapes, and other physical phonorecordsComposition mechanical royalty on each copy
Permanent downloadsPaid downloads that create a permanent copyComposition mechanical royalty on each download
RingtonesA separate statutory configurationCovered in the same Subpart B settlement lane

What the proposed rate does

The settlement asks the judges to keep the existing rate structure and continue inflation adjustments through the next five-year period. The Federal Register notice says the 2026 rate is 13.1 cents per work or 2.52 cents per minute of playing time, whichever is larger. It also says the judges are asking whether they should adopt the proposal as statutory rates and terms for making and distributing physical or digital phonorecords.

2028

First year covered by Phonorecords V

2032

Last year covered by this rate period

13.1c

2026 statutory rate per work, before later adjustments

2.52c

2026 rate per minute or fraction, if that is larger

Open

Docket status after the August 10 comment deadline

Do not mix the lanes

The word mechanical covers more than one use. A vinyl pressing, a paid MP3 download, and an interactive stream are all composition royalty questions, but they are not all priced by this settlement.

Why independent songwriters should care

If you write your own songs and sell vinyl, CDs, tapes, downloads, ringtones, or bundles, this rate can touch the publishing side of those sales. It is easy to think physical sales are only a master-owner issue because the money often arrives through a label, distributor, Bandcamp account, or merch store. The composition still has a mechanical royalty lane.

Who should pay attention
Pay close attentionLower immediate impact
Catalog shapeYou sell physical copies, downloads, ringtones, or bundles in the USYour income is almost entirely interactive streaming
Rights positionYou control or administer the compositionA publisher or administrator handles every composition claim for you
ActionCheck who is accounting for composition mechanicals, then decide whether the comment window mattersTrack it as context for future streaming-rate decisions
The boring question is the important one: who is collecting the composition mechanical on each physical copy or download you sell?
Velveteen

What to do now

Check your publishing admin setup

If you press vinyl, sell CDs, or offer permanent downloads, confirm who is handling mechanical accounting for the composition. That may be your publisher, publishing administrator, label, distributor, or your own back-office process.

Watch the comment window

The window is open now. Comments and objections are due by August 10, 2026. If you think the proposal affects your catalog, talk to your publisher, administrator, lawyer, songwriter organization, or trade group before trying to file alone. Federal docket comments are public, and this is not a casual contact form.

What is still unclear?

The judges have not adopted it yet

This is a proposed settlement, not a final rule. The judges can adopt it, or decline to adopt it for non-settling participants if an objection shows it is not a reasonable basis for statutory rates or terms. It is also not the whole Phonorecords V story. Streaming mechanical rates and other configurations can still move separately.

Sources

Frequently asked questions

What is Phonorecords V?

Phonorecords V is the US Copyright Royalty Board proceeding that will set statutory mechanical royalty rates and terms for 2028 through 2032.

Which music formats are covered by this settlement?

The partial settlement covers physical phonorecords such as vinyl, CDs, and tapes, plus permanent digital downloads, ringtones, and music bundles.

Does the Phonorecords V settlement set streaming mechanical rates?

No. This partial settlement concerns Subpart B configurations. Interactive-streaming mechanical rates are handled separately in the broader Phonorecords V proceeding.

What happened after the Phonorecords V comment deadline?

The August 10 comment window closed with multiple filings, including support, comments, and an objection. As of August 25, the Copyright Royalty Board docket remains open and the judges have not adopted the proposed settlement.

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