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Most Favored Nations clause
Usually for Music and dance favored shows. Ensures that all compositions & masters in a show are paid the same rate, based on length regardless of genre.
Cue Sheets
Documents listing all songs used in a production, detailing timing, usage, scene, writer, publisher, and PRO affiliation.
Dramatic Sync License vs Music Centric Sync License
Dramatic- A license for shows like CSI that covers life of copyright, lifetime, and worldwide fee.
Music- A license for shows focused on music, with limited territory (like US and Canada), lesser duration, and a lower fee.
Out of Context Use vs In Context use
Out of Context- Use of a song in promotional material not associated with its original context, incurring an additional fee.
In context- Use of a song that aligns with its original context, without additional fees.
Video Game Royalty Formulas
Console -non music centric games like grand theft auto, typically one time sync fee
Music centric- get an advance, per unit formula, escalation can also be in place
Production Music
Pre-cleared and pre-recorded music for use in tv/film/video game, covered under blanket or per-use licenses. All rights included in the package, known as library music.
Author in Broadway Musical Contracts
Refers to the combined roles of composer, lyricist, and book writer.
Advertising Product Exclusivity vs All Advertising Exclusivity
Product- limited ability to license song in same or similar category. (the norm)
Total - publisher is asked to take song totally off market, can't license to any other commercial product but can for motion picture or television
Financial and Legal Due Diligence in Copyright Sale
Investigation by the buyer to evaluate the value of a song catalogue during a sale. Make sure all the information/claims about product checks out.
SoundExchange Sources of Income
Royalties from non-interactive streaming services like SiriusXM, webcasting, and audio-only cable channels.
Average Annual “NPS”
Total NPS/# Years. Used for catalogue evaluation. After determining average NPS, use multiple based on how many years they will benefit from acquisition.
NDA
Non disclosure agreement. This means that you cannot give any information to anyone except in house or an outside law firm