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Digital Licensing
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The HFA website provides answers to commonly asked questions about mechanical licensing and other related inquiries
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What type of license is required for full permanent downloads of music?
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For audio-only permanent digital downloads, a mechanical license is required. If you expect to deliver less than 2,500 permanent
downloads, you can obtain the license through
HFA Songfile. If you have an established HFA Licensing Account, you can also obtain the
licenses through eMechanical, or if you need to obtain licenses in bulk (over 1000 titles) please submit
HFA's PDD Application.
Depending on your use, you may need to obtain other kinds of licenses that HFA does not provide. Click
here for more information.
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I previously obtained a mechanical license to distribute a song on a CD. Will a new license be required for a digital
configuration, such as a download or a ringtone?
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Yes. Each format you distribute requires its own license. Go here to obtain information on how to request each type of license. |
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Does HFA license ringtones?
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Yes. For more information please click on this
link for HFA's Ringtone FAQs.
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What is the rate for digital formats? Will certain songs be more expensive or have more restrictions?
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Permanent digital downloads, ringtones, interactive streams and limited downloads can be licensed at a
statutory mechanical rate under U.S. Copyright Law. All songs can be licensed
under the same terms, but note that HFA may not be authorized by a publisher to license a song for all of these formats.
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How do I pay? When do I pay? How long do I have to pay?
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If you obtained your license through HFA’s Songfile, you do not need to pay anything more (unless you exceed the quantity of
downloads on the license and need to apply for more). If you obtained your license through eMechanical or our bulk process,
you will need to report your royalties on a quarterly basis as per the terms of your license. You are required to pay for
usage for as long as you offer that song as a permanent digital download. Note that HFA’s licenses incorporate the statutory late fee of 1.5% a month, or 18% a year for all royalty payments due on or after March 1, 2009.
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If I receive a mechanical license for a digital configuration from HFA, is that all I need?
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HFA licenses cover the rights to make and distribute recordings of musical compositions. HFA licenses do NOT cover the use of
existing sound recordings. Such "master rights" in existing sound recordings must be directly cleared with the appropriate
copyright owner, usually a record company (label).
Additionally, please note that HFA may not represent all of the publishers on a given song. Therefore, the license you receive
from HFA will only cover the percentage that is HFA-represented. You will need to obtain a mechanical license directly from
any additional publishers that are not represented by HFA.
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I am not charging anyone to access these songs on my website. Do they still have to be licensed?
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Yes, it is required under U.S. Copyright Law. This is how the publisher - and ultimately the songwriter - gets compensated for
the use of their song.
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I would like to obtain licenses to offer on-demand streams of a cover song on a third-party’s website (for example, my band’s
profile page on a social networking website). How can I do this?
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The statutory rates for on-demand or interactive streams and limited downloads require that you be able to report information
such as number of subscribers, service revenue, and content costs on the compositions you have licensed on a monthly basis.
Unfortunately, you will probably not have access to this information from a third-party website. To obtain licenses for this
use, you will need to obtain such information from the third-party website, negotiate a non-statutory licensing arrangement with the publisher directly, or request that the website
obtain the statutory licenses on your behalf.
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Does HFA license streams?
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HFA licenses
interactive streams (sometimes called on-demand streams). For more information on
licensing an interactive streaming service, go
here.
HFA does not license programmed streaming (online radio). You should refer to the performing rights society websites for more
information on this type of licensing (
www.ascap.com,
www.bmi.com, and
www.sesac.com).
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What is the difference between Limited Downloads and Interactive Streams?
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A limited download is a digital file that is delivered electronically to a computer to reside there on a limited basis. There
are two types of limited downloads: time-limited download (for example, the song resides on the computer for 30 days) and
use-limited download (for example, the song can be heard 12 times before it can no longer be played). Limited downloads are
sometimes called tethered downloads.
Interactive streaming is when a digital file is transmitted electronically to a computer or other device at the specific
request of the end user in order to allow the end user to listen to a recording or a playlist contemporaneously with the
user’s request. Interactive streams are sometimes referred to as on-demand streams.
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Does HFA license digital jukeboxes/background music/other "new media" products?
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Yes. Please send an email to
Newmedia@harryfox.com describing your proposed use. A representative of HFA will
then contact you.
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I am an artist or label who is not located in the U.S., but would like to distribute my music through a U.S. online music
distribution site. Am I able to obtain a digital license through HFA?
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Please contact Newmedia@harryfox.com.
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My digital distribution service is not located within the United States. Am I still able to obtain a digital license through
HFA?
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Please contact Newmedia@harryfox.com.
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