Copyright Law, Music Industry, and Entertainment Contracts Flashcards

Vocabulary practice cards defining key terms, laws, doctrines, and agreements referenced across copyright law, music industry operations, theater, and entertainment law lectures.

Copyright

A form of intellectual property law that grants the author of an original, creative work exclusive rights to their work.

US Copyright Act of 1976

Federal statute providing the basic framework for Copyright law; it went into effect on January 1, 1978, and repealed and superseded the 1909 Act.

Copyright Act of 1790

The first federal copyright statute passed by Congress, which granted protection specifically to maps, charts, and books.

Copyright Act of 1831

Federal law that updated copyright statutory protections to include musical compositions and extended the copyright term from 14 to 28 years.

Copyright Act of 1870

Federal legislation that centralized copyright registration in the Library of Congress and expanded protections to fine arts such as paintings and statues.

Copyright Act of 1909

Legislation that applied federal statutory copyright protection to original works only when published and carrying an affixed notice of copyright, establishing a 28-year term with a 28-year renewal.

Public Domain

The status of a work that is not under copyright protection and is free for anyone to use, resulting from term expiration, publication without required notice, or failure to timely renew when renewal was mandatory.

Fixed in a Tangible Medium

The legal requirement that a creative work must be captured in writing, photo, picture, or painting, or recorded as an audio, audiovisual, or computer file.

Indemnification

A contract provision that holds another party liable or requires them to pay back lost funds resulting from their conduct or breach.

Poor Man's Copyright

The practice of mailing a creative work to oneself in a stamped envelope, which provides no legal protection under copyright law.

Works Made for Hire Doctrine

A legal principle stating that if a work is created by an employee within the scope of employment or commissioned under statutory criteria with a signed agreement, copyright ownership vests initially in the employer or commissioning party.

Joint Work

A copyrightable work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unilateral whole.

Fair Use Doctrine

A First Amendment defense to copyright infringement allowing unauthorized use of copyrighted work for criticism, comment, news reporting, teaching, scholarship, and research.

ASCAP

American Society of Composers, Authors, and Publishers; an unincorporated performance rights association founded in 1914 that operates under a consent decree.

BMI

Broadcast Music, Inc.; a for-profit performance rights organization founded in 1939.

SESAC

Society of European State Authors and Composers; a U.S.-based, invite-only, for-profit performance rights entity founded in 1930.

GMR

Global Music Rights; a for-profit performance rights entity founded in 2013.

Blanket Licensing

The most expensive type of performance license, which grants unlimited access to all copyrighted works in a performing rights organization's catalog for a single fee.

Direct Licensing

A performance rights license granted directly from an independent composer or music library to a licensee without using an intermediary.

Source Licenses

A license structure that uses the producer of a television program as a middleman between the music copyright owner and the television station.

Per-Program Licenses (PPL)

Performance licenses obtained from PROs by a television station on a individual program basis for remaining broadcasts.

Grandrights

Performance rights for dramatic stage works (such as operas, musical theatre, and ballet) that are licensed directly by music publishers rather than performing rights societies.

Commercial Webcaster

An internet radio station that provides streams of musical works in a non-interactive, non-subscription digital audio transmission service.

Interactive or On-Demand Streaming

Streaming services that allow users to select songs, control playlist order, and pause tracks, requiring a mechanical license in addition to public performance clearance.

Mechanical License

An agreement granting permission to reproduce and distribute a copyrighted musical composition in audio-only formats, including digital downloads, interactive streams, CDs, and vinyl.

Sync License

A license granting permission to pair a copyrighted musical composition with visual media such as films, television shows, commercials, and video games.

Master License

An agreement granting permission to use a specific pre-recorded audio recording in visual media, audio projects, film, or as a sample in a new sound recording.

Compulsory License

A provision under Section 115 of the Copyright Act allowing anyone to record and distribute a cover version of a previously distributed non-dramatic song without direct permission, provided statutory royalty rates are paid.

Print License

A license granting permission to rearrange, print, or display sheet music notes or lyrics.

Theatrical License

An agreement allowing the use of a song in a dramatic stage performance, such as a play, musical, opera, dance, or narration.

Producer Agreement

A contract detailing the obligations, compensation, credits, and rights of a music producer, typically defining their work as a work made for hire specially ordered or commissioned.

Songwriter Collaboration Agreement

An agreement outlining the percentages of ownership, publishing splits, administration rights, and credits among two or more writers of a musical composition.

Band Partnership Agreement

A contract between band members governing group business, ownership of the group name, split of profits and losses, voting power, and rules for departing or new members.

Side Artist Agreement

An agreement securing rights to exploit a guest or featured artist's vocal or instrumental performance on a main artist's recording.

Label Waiver Clearance

Official permission granted by a featured artist's exclusive record label allowing a main artist to exploit that featured artist's audio and video performance.

Digital Performance Right Sound Recording Act of 1995 (DPRA)

An amendment to the U.S. Copyright Act granting sound recording copyright owners the exclusive right to perform the work publicly via digital audio transmission.

SoundExchange

A nonprofit organization formed in 2000 that collects and distributes digital performance royalties for non-interactive streams on behalf of copyright owners and featured artists.

Letter of Direction

A document executed by a performing artist instructing SoundExchange to pay a music producer generated digital performance royalties.

360 Deals

Recording contracts that grant a record company a percentage share of an artist's non-recording ancillary revenue streams, including live touring, endorsements, merchandise, and acting.

Published Price to Dealer (PPD)

The wholesale unit price paid by a retailer to a distributor or producer before retail markups, discounts, or promotions.

Recording Fund

Money allocated by a record label to cover actual production expenses, including studio time, engineering, session musicians, mixing, and mastering.

Recoupable Advances

Upfront payments against future royalties from a label that are recovered by deducting expenditures directly from an artist's royalty earnings.

Cross-Collateralization

A contract clause allowing a record label to recoup an unrecouped deficit from one album or project using revenues generated by other projects or revenue streams.

Interpolation

The process of re-recording or replaying a portion of an existing song in a new composition instead of sampling the original master recording.

Blackbox Royalties

Unclaimed and unallocated royalties that cannot be distributed because the original rights holders or publishers cannot be located or identified.

Net Artist Revenue (NAR)

The specific portion of net revenue allocated to the main artist following internal splits, deductions, and allocations by the label.

Actors' Equity Association

The labor union representing professional American actors and stage managers in live theatrical productions.

The Dramatists Guild

The professional trade association representing US playwrights, composers, lyricists, and librettists.

Approved Production Contract (APC)

A standardized agreement offered by the Dramatists Guild between producers and creative authors governing options, advances, royalties, and dispute procedures.

TICKET Act

Legislation passed by the U.S. House in April 2025 requiring all-in ticket pricing, itemized fee breakdowns, refund guarantees for cancellations, and bans on speculative ticketing.

Artist Personal Manager

An advisor who counsels, directs, and coordinates an artist's career, receiving a 15% to 20% commission on gross income.

Sunset Provisions

Management contract terms that allow a personal manager to collect commissions on revenue generated after the management agreement has ended.

Keyman Clause

A contractual provision giving an artist the right to terminate a management contract if the specific representative who signed them leaves the management company.

Double Dipping

The non-standard practice where a manager collects both their standard management commission on gross earnings and an additional fee from another entity or role they control.

Booking Agent

A licensed agent responsible for soliciting and securing employment, shows, and concert tours for performance clients.

Talent Agency Act

Section 1700 of the California Labor Code regulating talent agents by mandating licensing, a $50,000 surety bond, and state-approved contract forms.

Concert Promoter

The entity that contracts and acquires talent for live events, assumes all financial obligations of the show, and shares in net profit or losses.

Safe Harbor Provisions

Section 512 provisions under the DMCA protecting online service providers from legal liability for user copyright infringement if they promptly process takedown notices.

Anticircumvention

Section 1201 of the DMCA, making it illegal to bypass, break, or disable digital locks, passwords, or DRM protections placed on music files.