Welcome to the Frequently Asked Questions (FAQ) page for Entertainment Industry Terms on MusixBlvd! Whether you’re a budding artist, seasoned producer, or industry enthusiast, navigating the complex world of entertainment lingo can be daunting. Fear not! This page is your go-to resource for unraveling the mysteries of industry jargon. From understanding music licensing and royalties to deciphering production terminology, we’ve compiled a comprehensive list of frequently asked questions to demystify the language of entertainment. Whether you’re here to expand your knowledge or clarify concepts, our goal is to empower you with the information you need to navigate the entertainment industry with confidence. Dive in and unlock the secrets of entertainment terminology with MusixBlvd!
A Certificate of Creation is a verified document issued by MusixBlvd that serves as irrefutable proof of the date of creation and all contributors involved in the creation of a musical work. It provides transparent documentation of the origin of the content, offering legal validation of the creative process.
A legal agreement between the copyright owner and an entity to administrate an individual song(s), or an entire catalogue for a negotiated period of time; filing documentation, copyright registrations, collecting royalties, and negotiating third party licenses (e.g. synchronization licenses). The administrator can be a publisher, or a qualified professional (lawyer, accountant). Fees are a percentage of income from 10% -20%. Consult attorney before signing an administration deal.
When used in publishing, an advance refers to a payment made to the copyright owner or writerbefore royalties have been earned. Advances can be made by publishers or PROs (Perfomance Rights Organization) and are recouped from future royalties. Advances are usually non-refundable.
The unconditional transfer of all rights contained in a copyright from the owner to another person or entity. This assignment generally concerns only the publisher’s side of the copyright though it is possible
to assign the writer’s rights as well. To be legal this must be in writing and should be reviewed by an attorney.
This is a term used in many types of agreements. In publishing contracts, it gives the songwriter access to the publisher’s or record company’s books and records (usually once a year), so that the copyright owner can determine the accuracy of the publisher’s accounting practices.
A digital pulse or signal used to help musicians stay in time with an exact beat/tempo while they record.
Canadian Music Publishers Association
Works originally copyrighted between 1964 and 1977 are granted an automatic renewal term (See Extended Renewal Term) by the Copyright Act, without the necessity of the writer having to file a renewal registration form in order to preserve copyright protection, as was the case for earlier copyrights. However, filing a Form RE (along with payment of the appropriate fee) for automatically renewed works is recommended in order to obtain certain statutory benefits.
A custom composition by a composer created for a TV show or film. A score could also be a group of songs used as a background score for an audio/visual work.
A type of license allowing a music user, typically a TV network, or radio station, to play or perform all compositions covered under the license without a limit on use for one (usually annual) payment. PROs and Production Libraries often use blanket licenses with television, Film, and radio stations.
The term catalogue is usually used to reference a collection of songs owned by a publisher or songwriter.
A legal agreement between a songwriter(s) and another publisher(s) wherein the publishing rights are co-owned. The control of the song is determined by which publishing company(s) controls the administration. In the case of a co-published /co-administrated song, a licensee would need to contact each of the respective publishers to obtain a license.
A license for a musical work that has legally been previously recorded and can be obtained without having to obtain the copyright holder’s permission (hence “compulsory”) but still requires the payment of a licensing fee. This fee is set by the Copyright Arbitration Royalty Panel and as of Oct. 2008 the statutory mechanical royalty rate is 9.1¢ per song for each track on a CD or download, or 1.75¢ each minute of playing time, whichever is greater.
The Administrating Publisher has the sole right to authorize the grant of licenses, for mechanical, print and synch rights on behalf of itself and the writer and receives the writer’s share of income for all income streams except the writer’s share of performance income which is collected by the Performing Rights Societies (BMI, ASCAP, SESAC, etc.) and paid directly to the writer.
Contracts can contain a controlled composition clause that applies to musical works written and “controlled” by the artist. The record company considers these songs a controlled composition and per the clause pays the publisher of the artist’s work a reduced rate which is normally 75% of the Statutory Rate. The record company can also stipulate a maximum number of musical compositions on which it will pay mechanical royalties.
The exclusive right is set forth in the 1976 Copyright Act Section 106. A copyright protects the author of a work for a stated period. The right usually lasts until 70 years after the death of the surviving author of the work, to make, dispose of, and otherwise control copies of literary, musical, dramatic, pictorial and other copyrightable works.
The U.S. system of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the
United States Copyright Office of the Library of Congress. The Copyright Tribunal Board is entrusted with setting rates for Compulsory licenses.
A term used in contracts allowing a party to collect royalties from a composition (or contract) and apply the income against the un-recouped advance balance of another song (or contract). For example, a record company who owned the publishing rights to an artist’s songs could use income from the artist’s publishing income against the un-recouped advance from a recording contract.
An individual musical fragment intended to be used in a motion picture or TV/radio show episode. The musical fragment may be part of a sequence of cues intended to segue without interruption between them. Cues used for underscoring can be used behind dialog, or to score visual action.
A document containing a detailed listing of each piece of music used in a film or television production. The cue sheet lists the music by title, composer, publisher, timing and type of usage, and is usually
prepared by the producer of the TV program or film. The document must be filed with the performing rights societies.
A new version of an existing work. Only the owner of a copyright has the exclusive right to prepare derivative works based on that copyrighted item under 17 U.S.C. § 106(2). This includes the right to prepare, or to authorize someone else to create, a new version of that work. Thus, one who creates an unauthorized derivative work violates the derivative work right.
The DMCA passed in 1998 is a bill designed to bring copyright law up to date with digital media. Among other things, it outlaws the manufacture of, or “trafficking” in, technologies capable of circumventing “technical protection measures” used to restrict access to copyrighted works and creates limits of the liability for copyright infringement of Internet service providers (ISPs) under certain conditions, as well
as addresses other matters.
A license obtained directly from the copyright owner or publisher where the Performing Rights are paid directly to the copyright owner by the Licensee. With a Direct License, no royalties are collected by, or
paid to, the Performing Rights Organizations (BMI, ASCAP, SECAC, etc.).
Digital Phonorecord Delivery. Delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a
phonorecord of that sound recording. A download from iTunes would be considered a DPD.
Digital Rights Management. A term referring to methods used to control or restrict the use of digital media content on electronic devices, such as CDs, DVDs etc. It is also referred to as copy protection.
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This term describes a use of music which can be used in media without a license. It can occur in live TV when the program will probably not air in future broadcasts. It allows music to be used one time in that context without a payment to the publisher or master rights holder. Ephemeral Uses are still logged as if they were licensed and filed with the respective PROs but there is no payment generated.
This agreement is a legal contract in which a songwriter assigns to a publisher a controlling interest to his or her songs written during the term of the contract for a fee. Issues such as the term of the agreement, other songs to be included (back-catalogue), reversion rights, the amount of the advance, and what percentage of royalty income the songwriter will receive are all negotiable points.
The term of copyright for works registered under the 1909 Copyright Act was extended, under the 1976 Copyright Act and subsequent amendments, so that copyrights, if renewed, will be protected for 95 years—an additional 39 years from the time of the original copyright. Under the prior copyright law of 1909, the term of copyright was two 28-year terms, or a total of 56 years.
Fair Use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from or payment to the rights holders. Even if a work is found to be an
unauthorized derivative, an alleged infringer can escape liability via the defense of fair use
In publishing, a Favored Nations Clause / Most Favored Nations Clause provides that an offer given to one party in an agreement is at least equal to the best offer negotiated with the other parties. An MFN clause might be used in negotiations for Royalty rates (other than Statutory) for a Greatest Hits CD. The clause would insure that all publishers receive the same Royalty Rate equal to the highest rate negotiated.
A musical work used in an audio/visual use of music that constitutes the main focus of audience attention at the time of the performance. This term, usually used in connection with TV, is used when the vocalists and/or instrumentalists are on camera or where the music is used as part of a dance routine that is the main focus of attention.
Also known as Dramatic Rights or Dramatic Performance, it is the term used in connection with Musicals, Operas, Ballets, and other dramatic performances where the use of a musical composition is used to tell a story or as part of a story or plot. The copyright owner has the exclusive right to issue licenses and collect fees for grand rights.
A company that represents music publishers in the negotiation of mechanical licenses, synchronization licenses and foreign licenses, and the collection of music royalty income.
In Perpetuity means that the rights to a song remain with the rights holder for the full life of the copyright.
Copyright infringement occurs when a person copies someone else’s copyrighted items without permission.
A one-way audio transmission over a data network which the user can identify and play at will a unique recording they wish to listen to. As with simple Streaming the audio data is not stored on the destination computer.
The ISRC (International Standard Recording Code) is a unique international identifier for tracks on sound and music-video recordings. It consists of a 12 character alpha-numeric code, the ISRC functions as a digital “fingerprint” for each track. In addition, the ISRC remains allocated to a track regardless of changes in ownership. It is an extremely powerful tool for royalty collection, administration, and anti-piracy safeguards in the digital arena.
A collection of musical compositions that are licensed by the publisher or administrator for use as background, theme, or score music, on radio, broadcast and cable television, films, or video productions. The library is usually offered under a Blanket License.
A grant to a “user” permitting use of a copyright for any of the following: 1. Mechanical 2. Non-dramatic performance (public performance of a song). 3. Grand Rights 4. Synchronization (the use of a musical composition on the soundtrack of an audio/visual work for theatrical exhibition or television). 5. Print (The grant is usually made for a specified period of time and for a designated territory). 6. Commercial (the use of a musical composition as part of an advertisement).
A potential licensor may use a Clearing House to obtain the legal rights necessary to use the composition. The Clearing House is responsible for getting all the necessary legal rights for a licensor (e.g. a TV show or film) to use the music.
A master recording is a completed original recording from which copies may be made.
A Master Tone or True Tone is a ringtone using audio versus Midi information to reproduce the song. Since it is considered a master, there are payments to both the publisher and master rights holder.
A license from the owner of the master recordings allowing for the reproduction and distribution of the master recordings. In audio/visual productions, media companies must obtain a Master Use license for the sound recording and a Publishing license for the composition.
Mechanical Copyright Protection Society and PRS are not-for-profit UK collecting societies that ensure composers, songwriters and publishers are paid royalties when their music is used, from live performance to TV and radio, CDs to DVDs, downloads, streams and everything in between. MCPS and PRS entered into an operational alliance in 1997.
A Mechanical license is the licensing of copyrighted musical compositions for use on CDs, records, tapes, and certain digital configurations.
A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD’s and tapes.
A license for multiple types of media such as Computer Games, CD-ROM, and Karaoke.
The process of obtaining legal permission, licenses, or clearances for the use of copyrighted music in various forms of media, such as films, television shows, commercials, video games, and other audiovisual productions. This typically involves securing permission from both the copyright owner of the musical composition (usually the songwriter or music publisher) and the copyright owner of the sound recording (often the record label). Clearance may also involve negotiating fees and terms.
Nielsen Broadcast Data Systems collects and detects song airplay data. This data informs many Billboard charts.
An information system that tracks point-of-purchase sales of music and music videos. Its data is the source for many Billboard chart
A notice of Copyright indicates that a musical work has been copyrighted. The notice consists of the symbol “©” or the word copyright, the year of publication and the name of the copyright owner. However, if a copyrighted work is listed without a notice it still maintains its copyright protection.
The Neighboring Rights Collective of Canada. A non-profit collective created in 1997 to administer the rights of artists and makers of sound recordings (owners of master recordings). The NRCC collects and distributes to its members payments due from broadcasters for equitable remuneration. In addition, as a CPCC member, it acts as an intermediary, transferring to its five member organizations amounts collected by CPCC under the private copying regime.
The right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher when a business uses music in a public performance. When music is performed by a business they must obtain a license to use that music and compensate the author (composer and lyricist) and publisher. Income from these licenses are collected in the U.S. by one of three performing rights organizations: BMI, ASCAP and SESAC.
Performing rights organizations issue licenses to users of publicly performed, non-dramatic music for a fee, and then pay performing rights royalties to the publishers and songwriters. There are more than 200 PRO’s throughout the world. ASCAP, BMI, and SESAC are the dominant PROs in America. The PROs utilize blanket licenses. The number of times a song is played is tracked and the pool of blanket license money is divvied up according to the number of plays and the value of plays.
Phonorecord (as set forth in U.S. Copyright Act): Material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device (as set forth in the US Copyright Act)
The illegal duplication and distribution of sound recordings. This includes unauthorized uploading of a copyrighted sound recording and making it available to the public, mix tapes, CD copying and selling material without authorization.
A print license authorizes the sale of a composition in printed or digital form and is issued to a company that manufactures and distributes printed music. The manufacturer then pays a royalty to the songwriter or to his music publisher for each unit of sheet music and each folio that is sold.
The Performing Right Society, founded in 1914, is the collecting society for UK songwriters, composers and music publishers. Its role is to act as an agent for its members in order to collect performing royalties whenever their musical works are performed in public, broadcast or transmitted.
A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. Permission and/or payment are not required for use. Once a work falls into the public domain (“PD”), it can never be recaptured by the owner. All works published in the U.S. prior to 1923 are in the Public Domain. Before 1978, a copyright lasted 28 years and could be extended another 47 years for a total of 75 years. After 1978, a copyright lasts the lifetime of the author plus 70
A person or company taking responsibility for administering, exploiting and protecting songs, scores, or compositions that they own, or control, or on behalf of others. If a writer controls their own publishing the term “self-published” is often used.
The income for a composition is divided equally between a publisher and the songwriter(s). In the case of a single publisher, the publisher’s share would be 100%. In the case of multiple publishers the publisher’s share generally refers to the ownership interest of each respective publisher. If there is just one publisher, that publisher has administrative control.
Society of European Stage Authors and Composers. A performing rights organization designed to represent songwriters and publishers and their right to royalties for having their music performed in public. SESAC, BMI, and ASCAP are the three Performing Rights Societies in the United States
A songplugger is the person that promotes songs to recording artists or for use in Film and Television. The terms of agreement between songwriter and songplugger are negotiated. A songplugger’s reward for results can be a fee, ownership rights in the copyright, or interest in the revenue from royalties.
A piece of music (or a song) being used in the background of a film or TV show. It generally refers to music the actor(s) can hear coming from a radio, jukebox or party. In today’s market this can describe
music that is really used as Score Music but is licensed as source music (with a sync license) in cases where there is no budget for a Score.
In performing rights, a license granted by the copyright owner to the person, producer or organization being licensed to record or distribute the work, (e.g., in a taped program) so that the performance of the recorded work needs no further license.
This is a legal term to describe monetary damages a copyright owner can sue for in the case of infringement of his or her work. Statutory damages are distinguished from actual damages. The amount is at the discretion of the court.
The statute places a ceiling on the royalty a copyright owner can obtain from the sale of a composition contained on a CD or a download. This fee is set by the Copyright Arbitration Royalty Panel and as of Oct. 2008 the statutory mechanical royalty rate is set at 9.1¢ per song for each track on a CD or download, or 1.75¢ each minute of playing time, whichever is greater. This rate pertains to any release
from 2006 and will extend until 2013.
An agreement between the original publisher of a song (or catalogue) and a foreign publisher to license, exploit, and collect royalties for the song (catalogue) in the foreign publisher’s territory. Among other things, the agreement stipulates the term of the contract, the area or territory in which it applies and the percentage of royalties the sub-publisher is authorized to retain for its services.
A synchronization license authorizes the recording of an author’s musical work onto the soundtrack of an audio/visual work with visual images. Synchronization fees are negotiated and vary according to the popularity of the song and the importance of the song in the production. The fee is often equal to the fee paid for the Master Use License for the sound recording.
This refers to a piece of music that is placed in a film, television show, etc. for which the rights have not been acquired. The temporary music is either licensed or replaced. Quite often publishers and library owners receive requests to replace the temp music with something that is more within budget.
Refers to music normally received from a subscription service that cannot be burned onto a CD or transferred to a portable device. The file will be stored on your computer’s hard drive, but it is encoded so that it will no longer play once the subscription service is terminated.
A video buyout is a negotiated right included in a synchronization license. A video buyout entitles the buyer (Licensee) to pay the publisher (licensor) a flat fee for the use of a song verses a royalty paid per unit sold.
As defined by the 1976 Copyright Act, a work for hire describes a composition that is prepared by an employee within the scope of his employment. The employer is considered the author and owner of the
work. Even though the employee creates the copyrightable work they do not own it. Under this type of arrangement the writer will receive a fee for creating the work.
