I tried to do this before...back in 1999 or so...even went so far as to do it for an acoustic act where I'd announce "sally at table 28 bought a CD!" and have it burned onto the disc for sally to pick up at the end of the show...a lounge/dinner type venue.
Having filed several patents, I can say that a "utility patent" can protect a process or item of manufacture, but not a "marketing concept." Since patents run out after 17 years, my guess is that either the patent will expire, or ClearChannel will *truly* develop the art and create a de-facto standard, just as Sony, Panasonic, etc. have tried to do...in this case it will be a "process..." because it will be proprietary. But an artist devising "his/her OWN way" of duplicating the CD, and selling it, is good PR and merchandising, but the technical details are quite amorphous.
In all, it is an exciting opportunity for musicians to merchandise...and not a bad example of "just in time manufacturing," which has replaced inventories (which used to be considered an asset but now are shifting towards the liability side). To my knowledge, no one holds the patent on "just in time manufacturing." I would have to laugh if they did... and I think CC would have a heck of a time fighting the Boeing Corporation, General Motors, and most every manufacturing company in the world.
I have not read the CC patent, but if anyone can find the link to it, I'd be interested to read it over...
MW