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DiscLive And HFA Take Express Live To Concert Halls

(CelebrityAccess MediaWire) — DiscLive, a unit of Immediatek, has entered into Harry Fox Agency's (HFA) "Express Live" mechanical licensing arrangement for CDs and permanent digital downloads (DPDs) which is targeted at companies that enable music fans to purchase recordings or downloads of concerts almost immediately after the last note is played, either at the venue or from a web site after the concert.

"HFA's Express Live licensing program makes a real impact on what our clients can offer music fans after their shows, and helps to streamline the licensing process considerably," said Zach Bair, CEO of DiscLive. "HFA's licensing solution is flexible and practical, allowing us the quick turn-around necessary to either capture the attention of the fan before they leave the show, or share the experience of that live performance with a wider audience with through post-concert online sales."

"We're pleased to add DiscLive to our growing list of HFA Express Live licensees," said Michael Simon, senior vice president of Licensing and the Chief of Strategic Development and Marketing for HFA. "DiscLive is a pioneer in the new space of recording live concerts and making content available immediately afterwards, and fans are really responding to this new product. We hope that the 'Express Live' concept will transform the pirate bootleg market into a healthy new area of revenue for our publishers and the songwriters they represent."

HFA began to offer Express Live mechanical licensing in December 2004. There are several differences between an Express Live and a standard mechanical license. For a standard license, the licensee must obtain a separate mechanical license for each individual recording of the song by the same recording artist. Distinct from the standard mechanical license, Express Live licenses are limited to product recorded at live concerns and sold to consumers either at the concert venue or through mail delivery (if the licensee also wishes to distribute Express Live CDs or DPDs via a regular third-party retail channel, it must obtain a standard mechanical license before distribution). The license is "reusable," in that one license will cover all recordings of the same song by a particular artist in the Express Live context, though the individual recordings will be differentiated when the licensee submits its regular quarterly licensing reports and payments.

Express Live licenses are offered at the same statutory royalty rate as a standard compulsory mechanical license, which is currently 8.5¢ for recordings five minutes or less, or 1.65¢ per minute of playing time for songs over five minutes, rounded up to the nearest minute. First use, reduced rate, and other song restrictions will require publisher approval prior to the issuance of licenses by HFA. Others who have entered into HFA Express Live licensing agreements include Clear Channel's Instant Live, Gov't Mule, Hyburn, Encore Distribution and Widespread Records. –Bob Grossweiner and Jane Cohen