The Mechanical License

For an artist to record and distribute a song that the original songwriter has already recorded and distributed, often called a “cover”, first the artist should obtain permission or a mechanical license. Similarly, a digital music service that wants to provide downloads of the song needs either the permission or the license. But the mechanical license is rarely used perhaps because of the cumbersome procedures it sets up and the Harry Fox Agency (HFA) has emerged as a collective agent that offers licenses which operate in the shadow of the mechanical license. While licensing for covers through the HFA may have worked well in the analog world, digital music services and record labels agree that neither the license nor the HFA are suited for digital delivery of music. While the license sets up extremely cumbersome procedures that digital services find almost impossible to follow, the HFA is unable to license rights on a scale that digital music services need in order to be viable. Hence, these services have led the charge –along with artists, fans, labels and consumer advocacy groups– in calling for reform to streamline the mechanical licensing process.