THE ORCHARD ANNOUNCES PRE-RELEASE OF

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The Peter Bernstein Trio’s Monk Available Exclusively on eMusic Two Weeks Early

NEW YORK, Dec. 29, 2008 -- The Orchard(NASDAQ: ORCD), a global leader in music and video entertainment, announced today the exclusive pre-release of Monk (Xanadu), by thePeter Bernstein Trio, oneMusic, the world’s largest retailer of independent music. The much anticipated jazz title, which is the first new release on Xanadu in several years, will be available starting December 30 along with five newly-remastered Xanadu catalog albums. The music will be released on digital retailers worldwide on January 13.

“eMusic’s enthusiasm about jazz as a genre, the Monk record, and the Xanadu catalogue makes them a great partner for a pre-release exclusive program,” said Greg Scholl, president and chief executive of The Orchard. “Also, eMusic’s large and eclectic customer base is a great fit with the music.”

“eMusic jazz fans recognize the significance of labels like Xanadu and we’re excited to re-introduce to them these classic titles and especially Peter Bernstein’s new record,” said Rob Wetstone, eMusic Vice President of Label Relations. “Jazz is one of our top-selling genres and our pre-release exclusive with The Orchard demonstrates our commitment to working with labels to provide the best quality experience for our customers.”

On the Monk record, his first new album in four years, Bernstein, a critical favorite and prominent side-man leads a trio backed by Doug Weiss (bass) and Bill Stewart (drums) through twelve Thelonious Monk tunes including “Let’s Cool One,” “Ruby, My Dear” and “Well You Needn’t.” Monk’s music is daunting for any instrument but poses particular challenges for the guitar; Nate Chinen of The New York Times wrote recently, “Peter Bernstein finds ingenious ways to adapt Thelonious Monk’s language for modern jazz guitar.”

In addition to the new offering from Bernstein, five newly-remastered Xanadu catalog albums will be available in advance on eMusic, featuring recordings by Dexter Gordon, Fats Navarro, Charlie Parker, Clifford Brown, Billie Holiday, Jack Teagarden, Art Tatum, Thelonious Monk, Earl Hines, Roy Eldridge, Bud Powell, Johnny Griffin, Kenny Clarke and others. You can find Monk and the others atwww.emusic.comas of December 30.

About eMusic

eMusic(www.emusic.com)is a specialty digital entertainment retailer that has been at the forefront of offeringMP3 downloadsand customer-friendly prices since its inception in 1998. The company is focused on serving customers aged 25 and older by offering independent music andaudio booksin a universally compatible format at a great value. It is the world's largest retailer of independent music and the world's second-largest digital music service after iTunes, with more than four million tracks from 40,000 of the world's leading independent labels and thousands of titles from top audio book publishers. To super-serve its more than 400,000 customers, eMusic provides award-winning editorial content, a vibrant online community and unrivaled music discovery tools. eMusic's subscription-based service offersfree music downloadsor one free audio book at sign-up, giving consumers an inexpensive, low-risk way to explore great new music and books they wouldn't find otherwise. The company's music download promotions help world-class brands reward and engage with their customers. Based in New York with an office in London, eMusic is available in the U.S., Canada and 26 E.U. nations. eMusic.com Inc. is wholly owned by Dimensional Associates, Inc., the private equity arm of JDS Capital Management, Inc.

About The Orchard®

The Orchard (NASDAQ: ORCD) controls and globally distributes more than 1.3 million songs and over 5,000 video titles through hundreds of digital stores (e.g. iTunes, eMusic, Google, Netflix, V CAST) and mobile carriers (e.g. Verizon Wireless, Vodafone, Bell Canada, 3). With operations in 29 regions around the world, The Orchard drives sales for its label, retailer, brand, and agency clients through innovative marketing and promotional campaigns; brand entertainment programs; and film, advertising, gaming and television licensing. A pioneer in digital music and media services, The Orchard fosters creativity and independence.

About Xanadu

Xanadu is the legendary jazz label founded by veteran producer Don Schlitten who was also associated with such groundbreaking imprints as Signal, Prestige, Cobblestone, Muse and Onyx. During its initial run in the 1970s and 1980s, Xanadu was actively involved in issuing new recordings by such artists as Barry Harris, Dexter Gordon, Art Pepper, Red Garland, Terry Gibbs, Sonny Criss, Kenny Drew, Jimmy Raney, Ted Dunbar and others. The label’s “Gold Series” focused on reissuing classic bebop works that included historic performances by Art Pepper, Shorty Rogers, Bud Powell, Coleman Hawkins, Earl Hines, Roy Eldridge, Jimmy Heath, Billie Holliday, Clifford Brown, Jack Teagarden, Art Tatum and many more. The Xanadu catalog, including thousands of sides, was acquired by The Orchard, and has been reactivated in an ambitious reissue program. At the same time, The Orchard will be investing in new Xanadu recordings that remain true to the pure bebop jazz ethos of Xanadu. The first Xanadu title issued in almost two decades is Monk, by the Peter Bernstein Trio, which streets on January 13, 2009.

NOTE: eMusic is a registered trademark and eMusic.com is a trademark of eMusic.com Inc. All other trademarks are the property of their respective owners. The Orchard is a registered trademark and The Orchard logo is a service mark of Orchard Enterprises NY, Inc. All Rights Reserved.

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