1. What is the current statutory mechanical rate? How is it calculated?

The current statutory mechanical royalty rate is $.091 (9.1 cents) per song per unit for recordings of compositions up to five minutes (5:00) in length.

For example, if one were to make a recording of a song that is less than five minutes in length (e.g. 4:07) and then manufacture and distribute 500 units of the recording, the total amount of royalties due would be $45.50. ($0.091 X 500 (units) = $45.50).

For songs over five minutes in length, the rate is based upon $.0175 (1.75 cents) per minute or fraction thereof as demonstrated below:
5:01 to 6:00 = $0.105 (6 X $.0175)
6:01 to 7:00 = $0.1225 (7 X $.0175)
7:01 to 8:00 = $0.14 (8 X $.0175)

For example, if one were to make a recording of a song that is six minutes and thirty-eight seconds in length (6:38) and then manufacture and distribute 500 units, the total amount of royalties due is $61.25. ($0.1225 X 500 (units) = $61.25).

The current statutory rate for ringtones is $0.24 (24 cents) per song per unit.

The royalty rate for Interactive Streams through Songfile is $0.01 per stream.
For example, the royalty rate for 500 interactive streams is $5.00.
The royalty rate for 5000 interactive streams is $50.00.

You cannot obtain a reduced rate mechanical license through Songfile. Information about reduced rates can be found here.

2. What is HFA Songfile's processing fee?

The processing fee is $15 per licensed composition for the first five licenses in a transaction; any additional licenses in the same transaction have an $13 processing fee.

For example:

5 songs licensed as one transaction (album or downloads) = 5 x $15 = $75

7 songs licensed as one transaction = (5 x $15) + (2 x $13) = $75 + $26 = $101

3. What can be licensed through HFA Songfile?

Songfile is a simple and fast way to obtain mechanical licenses for a limited number of physical recordings (CDs, cassettes and vinyl ) made and distributed in the U.S., as well as Ringtones, Permanent Digital Downloads ("PDDs") of singles, and Interactive Streams (often referred to as "on demand streams").

Songfile may only be used to license up to 2,500 units (copies) of a song, for physical recordings, Ringtones, and Permanent Digital Downloads. If you are distributing more than 2,500 units of physical product or downloads please set up an HFA Licensing Account.

Songfile may also be used to license up to 10,000 individual interactive streams. However you must not be distributing interactive streams in a manner that falls under one of the service offerings defined in 37 CFR §385 of the Regulations implementing the compulsory license of Section 115 of the Copyright Act. These are:

Standalone Non-Portable Streaming Only
Standalone Non-Portable Mixed Use
Standalone Portable Mixed Use
Bundled Services
Free and Ad-Supported Services

If you are distributing more than 10,000 units for interactive streams, or fall under one of the above service offerings, please set up an HFA Licensing Account.

The following uses cannot be licensed through Songfile:

Recordings with samples
New arrangements of copyright-protected songs
Karaoke or CD+G
DVD-A, SACD, DualDisc
Full album permanent downloads
Express Live CDs & PDDs
Ringbacks
Podcasts
Tethered or limited downloads
Digital jukeboxes, digital background music
Internet radio
Medleys
Imports
Sound recording or master use rights
The right to print or display lyrics or sheet music (print rights)
VHS, DVD, streaming video, movies, TV shows, commercials (Synchronization licensing)
Public Performance
Licenses for more than 2,500 units of physical products or full downloads
Songs longer than 30 minutes

4. The HFA licensing percentage is not 100%. Why? What does that mean?

This means that HFA does not represent 100% of the rights to this song. HFA may not represent one of the publishers that has partial ownership, or HFA may not be authorized to license this format.

If HFA licenses part of the song, you can complete your licensing transaction through Songfile for the percentage of the song that HFA represents. To obtain a license for the remaining percentage, or for a song that is not represented by HFA for this format, you will need to contact the publisher directly. It is your responsibility to obtain licenses from each publisher that owns part of the song so that you are licensed for 100% of the song. If you are not licensed for 100% of the song, you could be liable for infringement.

You can use the Songfile Public Search to find information on this publisher, or use the databases at the following websites:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov/

5. What are HFA's Songfile Licensing Terms?

View the terms of a standard license for CDs, cassettes or vinyl.
View the terms of a license for permanent digital downloads (PDDs).
View the terms of a license for ringtones.
View the terms of a license for interactive streams.

6. How do I obtain synchronization rights?

A synchronization license is a written authorization to use recorded music in combination with visual images such as film, television, video, websites, and the like.

HFA discontinued synchronization licensing services in 2002. However, you may secure synchronization rights by contacting the publisher directly. You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov/

7. How do I obtain print rights for sheet music?

HFA does not offer print rights; however, you may secure print rights by contacting the publisher directly. You can use the following databases to locate publisher contact information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov/

8. How do I obtain public performance rights?

HFA does not handle public performance rights requests. However, a publisher may assign its public performance rights to one of the three following societies, in which case you may secure performance rights from that society:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com

9. How do I obtain sound recording or "master use" rights?

Master use rights are required for previously recorded material that you do not own or control. HFA does not process licenses for master use rights. They can only be obtained from the owner of the master recording, usually a record company.

You should obtain the master use license from the owner prior to requesting a mechanical license from HFA.

10. How do I license a recording with samples?

Sampling is the use of a portion of a musical composition that you don't own or control within another recording, which requires permission from the owner.

HFA does not process licenses for master use rights or licenses for the use of a portion of a composition. They can only be obtained, respectively, from the owner of the master recording, usually a record company and the publisher directly.

11. How do I license at a reduced rate?

HFA is not involved in negotiating royalty rates reduced from the statutory rate. A gratis license (no royalties paid) is also considered a reduced rate. Any reduced rates must be negotiated directly between you and the copyright owner, publisher, or administrator prior to obtaining the mechanical license. Reduced rate licenses are not available through Songfile. Once you obtain written permission for the reduced rate, you can obtain a license through HFA by submitting the original copy of that written permission with a standard mechanical license request.

Learn more about a mechanical license request.

12. Do I need a license for less than 25 CDs, ringtones or PDDs?

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. HFA licenses for a minimum of 25 units of physical products (CDs, cassettes, and vinyl), or 25 ringtones or permanent digital downloads (PDDs). You can apply for these licenses quickly and easily using Songfile and pay with a credit card (MasterCard, Visa, or American Express) or from your checking account.

13. Do I need a license for less than 100 interactive streams?

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. HFA licenses for a minimum of 100 interactive streams. You can apply for these licenses quickly and easily using Songfile and pay with a credit card (MasterCard, Visa, or American Express) or from your checking account. A license for fewer interactive streams must be obtained directly from the publisher.

14. Do I still need a license for recordings if I'm not selling them?

Unless you are creating recordings that are covered under the fair use section of the U.S. Copyright Act, you need to obtain licenses for your recordings regardless of whether or not you are selling them.

15. What is "Fair Use"?

Some unlicensed uses of copyrighted material may be considered "fair use" under Section 107 of the U.S. Copyright Act, which outlines factors to consider in determining fair uses of a copyrighted work. (http://www.copyright.gov/title17/92chap1.html#107). Generally, this includes uses for educational purposes and for criticism or commentary (reviews in newspapers, for example.) "Fair use" does not include small quantity recordings or charity or religious organizations; nor does it exempt recordings that you are distributing without charge.

Unless you are sure that your usage falls under Section 107, you should obtain proper licenses for your recording.

16. How do I license for digital uses other than single PDDs (permanent digital downloads), ringtones, or interactive streams?

HFA licenses full album downloads, limited downloads, mastertones and ringbacks, digital jukeboxes and digital background music services; however, you cannot obtain these licenses through HFA Songfile. Learn more about or obtain a digital license.

17. How do I pay my mechanical royalties to HFA?

If you have obtained a limited quantity license through HFA Songfile, you have already paid the mechanical royalties, and you need make no further payment. If you wish to make additional copies beyond the number of units specified in your initial license, or your license has expired, you need to re-apply for another license. Licenses for physical goods have an indefinite term, PDD, ringtone and interactive streaming licenses are valid for one year.

18. How do I license a new arrangement of a copyright-protected song, or a medley?

A new version or arrangement of an existing song that alters the melody or character of the song, or a medley of existing songs, is called a derivative work. You need to obtain permission from the publisher directly to create a derivative work, and include that permission when you apply for a mechanical license with HFA.

You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov

19. Does HFA license karaoke?

No, HFA does not currently license karaoke recordings or downloads. You need to obtain permission from the publisher directly. You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov

20. Does HFA license multi-session recordings (DVD-A, SACD, DualDisc)?

HFA does license multi-session recordings; however, you cannot obtain these licenses through HFA's Songfile. Please contact the HFA Licensing Department for more information.

21. Does HFA license recordings imported from other countries?

Yes, HFA does license recordings imported into the U.S. for sale; however, you cannot obtain these licenses through HFA Songfile. Learn more about import licensing. You can obtain the forms for import licensing here.

Please note that you may also be responsible for mechanical licenses in the country in which the recording was initially made.

22. What is a UPC code and how can I obtain one?

The UPC (Universal Product Code or bar code) is issued by the Uniform Code Council (UCC). This is not required to complete the Songfile transaction, but a UPC code is required in most point of sale and retail environments. If you would like to obtain a UPC code, visit the Uniform Code Council website.

23. What is an ISRC and how can I obtain one?

The ISRC (International Standard Recording Code) is the international identification system for sound recordings and music videorecordings. Each ISRC is a unique and permanent identifier for a specific recording which can be permanently encoded into a product as its digital fingerprint. Learn more about ISRC.

24. How can I license more than 2,500 units of physical or digital product?

HFA Songfile is designed to facilitate limited quantity mechanical licensing. To license more than 2,500 units, please set up an HFA Licensing Account.

25. How can I license more than 10,000 interactive streams?

HFA Songfile is designed to facilitate limited quantity mechanical licensing. To license more than 10,000 interactive streams, please set up an HFA Licensing Account.

26. Does HFA license internet radio?

HFA does not license "internet radio" - streaming audio that is pre-programmed.

27. Can I license Express Live CDs and PDDs through HFA Songfile?

HFA offers mechanical licensing for "Express Live" CDs and PDDs, targeted at companies that enable music fans to purchase recordings or downloads of concerts right after the concert, either at the venue or from a web site. Express Live licensing is not available through HFA Songfile. To obtain this type of license email HFA’s Licensing Department.

28. Why can I license a song for some formats, but not others?

Publishers may not always give HFA permission to license their catalogs for all formats. It is possible that although the song is not available for licensing through Songfile, HFA may be able to obtain that permission for you. Contact HFA’s Licensing Department for more details.

29. How can I license a song longer than 30 minutes?

Songs longer than 30 minutes cannot be licensed through HFA Songfile. Please set up an HFA Licensing Account and complete the appropriate request form.

30. How do I use the License Reorder Option?

Songfile's License Reorder option lets you create a new license request from a previous license that was issued to you. You can use this option to quickly obtain licenses for additional copies of the same recording; to obtain licenses for the same recording but for a different format; or to build a new license request using those songs for a different recording (such as a "greatest hits" or a live album).

To use the License Reorder option, log in to your Songfile account and click on the "View My Licenses" button. You will see a list of the Songfile licenses issued to you. Select which license you wish to reorder by clicking the "reorder" link in the column on the far right.

You will then see the details of your previous order, which will be auto-populated into your new license request. You will have the opportunity to change your Songfile order information throughout the re-order process. Verify the type of license configuration (for example, CD’s, ringtones or PDDs), online distribution information and the quantity for your new license.

The Songfile system will then verify HFA's current representation of the song. Over time, HFA's representation of a song may change. It is also possible that HFA may not represent the song for an alternate format. If there are any changes, the "Song Licensing Status" screen will appear. Any changes to HFA's song representation since the time of your original license transaction are highlighted in the "% Licensable" column. If HFA now represents more of a song, the licensable percentage is highlighted in green. If HFA now represents less of a song, the licensable percentage is highlighted in yellow. If at this time HFA does not represent the song for the desired configuration, the song is highlighted in red. If a song is not represented by HFA, Songfile will not place it in your shopping cart.

Once the status is verified, you will see the Songfile Cart. If you wish, you can then remove songs from the cart, or you can add additional songs by clicking the "search again" button. Once you have entered all the songs you would like for this licensing transaction, click "license request/check out." The fields on the check out screens will be auto-populated with the licensee and artist information from the original transaction. Make any necessary changes and complete any additional fields. Please note that HFA does not retain your payment information, so you will need to enter a credit card or bank account number, depending on your payment choice.

Note: You are responsible for obtaining license authority from each publisher (including non-HFA represented) that owns part of the above song, or you could be liable for infringement. If HFA represents only part of the song, you can complete your licensing transaction through Songfile for the percentage of the song that HFA represents; your royalty rate will be pro-rated accordingly. To obtain a license for the remaining percentage, or for a song that is not represented by HFA, you must contact the publisher directly. For more information on this process, contact Publisher Services.

31. What is an HFA Song Code?

The HFA Song Code is a 6-character unique identifier for a song in HFA's database. You can find the song code on a previously issued HFA mechanical license. It can also be seen when you search for a song in Songfile. It appears next to the song.

32. How do I add multiple songs to one cart?

Search for your first song and click "Add to Cart" on your Songfile search results page. Next, click on "Search Again" to repeat this process and add additional songs to your cart. Once all desired songs have been added to your cart, click on "License Request/Check Out" to complete your order.

33. How do I save a cart?

To save your cart, please click on "Save Cart" at the bottom of your Songfile page. Then click on "Confirm Save and Continue Order". This will save your order for 90 days. Please note that if you do not click on "Confirm Save and Continue Order", your Songfile order will not be saved.

34. When I click on "View My Cart", my order is missing.

If you do not choose "Confirm Save and Continue Order" in the Songfile Cart - Confirm Save screen, your Songfile order will not be saved.

35. Can I add songs to a completed order?

No. When you complete an order, your Saved Cart is emptied and is no longer available through the "View My Cart" option. You must begin a new license search or if you are licensing more songs for the same physical recording, you can use the "reorder" option and remove previous songs from the order. This will save you some steps in the check-out process.

36. Does a Songfile license apply outside the U.S.?

No. A Songfile mechanical license is only valid for CDs, cassettes, LPs, ringtones, interactive streams and permanent digital downloads manufactured and distributed in the U.S. and its territories. If you would like to distribute your release outside of the U.S., you will need to follow the mechanical licensing laws of that country. Note that if you produce your release outside of the U.S., you may also need to obtain licenses in the country of manufacture. You are responsible for securing any rights and obtaining any additional license or authority that may be required with respect to any other third parties.