| |
Digital Licensing |
|
| |
|
|
| |
The HFA website provides answers to commonly asked questions about mechanical licensing and other related inquiries
|
|
| |
|
|
| |
What type of license is required for full permanent downloads of music? |
|
| |
For audio-only full permanent downloads, a mechanical license is required. If you expect to deliver less than 2,500 DPD's, 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 100 titles) please submit HFA's DPD Application.
Depending on your use, you may need to obtain other kinds of licenses that HFA does not provide. Click here for more information.
|
|
| |
|
|
| |
I previously obtained a mechanical license a license for a CD (album or single). Will a new license be required for the Full Download configuration? |
|
| |
Yes. Full, permanent downloads (DPD's) require a separate mechanical license. If you expect to deliver less than 2,500 DPD's, 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 100 titles) please submit HFA's DPD Application. |
|
| |
|
|
| |
Do HFA DPD Licenses Cover Ringtones? |
|
| |
No. HFA DPD licenses issued under Section 115 of the Copyright Act do not extend to the making or distribution of Phonic Ringtones or Pre-Recorded Ringtones. You need to obtain a specialized ringtone license for these uses. |
|
| |
|
|
| |
Does HFA license ringtones? |
|
| |
Yes. For more information please click on this link for HFA's Ringtone FAQs. |
|
| |
|
|
| |
What is the rate for a full permanent download? Will certain songs be more expensive or have more restrictions? |
|
| |
A full permanent download is licensed is at the statutory mechanical rate, just like a license for a CD. Please note that HFA may not be authorized by a publisher to license a song for all formats. |
|
| |
|
|
| |
How do I pay? When do I pay? How long do I have to pay? |
|
| |
If you obtained your license through HFA 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 full permanent download. |
|
| |
|
|
| |
If I receive a mechanical license for a digital configuration from HFA, is that all I need? |
|
| |
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). |
|
| |
|
|
| |
I am not charging anyone for the full permanent downloads on my website. Do they still have to be licensed? |
|
| |
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. |
|
| |
|
|
| |
Oh no! I offered a download of me performing a cover on my website. Is it too late for me to pay now? |
|
| |
You should immediately remove the file until it is properly licensed. Once it is, you can make retroactive payments for the limited time that it was up illegally. |
|
| |
|
|
| |
Does HFA license any of the music subscription services? |
|
| |
Yes, HFA handles licensing for MusicNet, Napster, Rhapsody, MusicNow (formerly FullAudio), many label sites, eMusic and others. We license full permanent digital downloads, on-demand streams and limited downloads. |
|
| |
|
|
| |
Does HFA license streams? |
|
| |
HFA licenses on-demand streams, but it requires a proposed rate provided by the potential licensee. To begin, complete HFA's New Media Licensing Application.
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).
|
|
| |
|
|
| |
What is the difference between Limited/Tethered Downloads and On-Demand Streams? |
|
| |
Tethered (a.k.a. limited) download is a transmission of time or use-limited download to a local storage device (i.e. hard drive of a PC or portable device), however the technology only allows the downloaded file to be available for a limited time period or limited number of plays. With on-demand streams, the technology does not allow a substantially complete reproduction of a sound recording to be made on a local storage device so that the reporduciton is available for listening only at the time of the transmission. |
|
| |
|
|
| |
Does HFA license digital jukeboxes/background music/other "new media" products? |
|
| |
Yes, the first step would be to fill out HFA's New Media Licensing Application. HFA reviews every New Media Application to determine whether or not it can be licensed through us. A representative of HFA will then contact you and guide you through the licensing procedure. |
|
| |
|
|
| |
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?
|
|
| |
No. Licensee must have either a U.S. presence (office) or affiliate itself with a U.S. distributor who can obtain the licenses on their behalf. |
|
| |
|
|
| |
My digital distribution service is not located within the United States. Am I still able to obtain a digital license through HFA? |
|
| |
No. HFA handles U.S. licensing only, so we can only license digital music services that have their central servers located within the United States, including its territories and possessions and the Commonwealth of Puerto Rico. |
|
