NEW YORK — The Harry Fox Agency Inc. (HFA) is developing a program to pre-license its repertoire to companies that record and manufacture CDs of live concert performances on-site, according to HFA senior VP/general counsel Jacqueline Charlesworth.
HFA says a few companies have approached it requesting compulsory mechanical licenses, but would not reveal the names. The technology is an “exciting new development,” says Charlesworth, and HFA is developing the “flexible” program in an attempt to meet the licensing demands for new technology.
At this point, HFA requests a list of the “entire range” of songs the artists may perform at the concert in advance because, as only an agent of its member publishers, HFA isn’t authorized to license the songs after the recording without specific permission from the publisher involved.
In addition, the agency “can’t bless in advance” any possible derivation of the songs, such as a medley or change in the song since such recording wouldn’t fall under the compulsory license provisions of the Copyright Act.
Charlesworth expects the program to be fully functional by this fall.
Immiediatek Inc. (parent of DiscLive) and Clear Channel Entertainment are among companies that have been manufacturing and selling on-site concert recordings.