Untitled Flashcards Set

Cover Version – A re-recorded version of a song by one or many subsequent artists after the initial recorded version has been released.

Infringement – The legal term for stealing, or otherwise profiting from someone else’s copyrighted work. It is usually construed to mean an intentional act, but there have been cases of unintentional infringement such as the famous case involving the songs “My Sweet Lord” and “He’s So Fine”.

Master – The final mixed version of a recorded song that is intended to be released for commercial sale.

Mechanical License - A document that grants permission for someone to record a song. It states the terms under which the use is granted, for example whether the royalty rate will be standard statutory rate or a reduced rate for record clubs, etc.

Musicians Union Scale – The contract wages paid to a studio musician for his instrumental work on a demo or a master recording session. If “demo” scale is paid initially, the recording cannot be used as a “master” unless an upgrade to master scale is paid to each musician who played on it

Performing Rights Organization (PRO) – The three main PRO’s in the US are ASCAP, BMI, and SESAC. These organizations collect the royalties that are earned from performances of a copyrighted song on radio, tv, and certain concert events.

Publishing Administration – The collection and/or distribution of royalties generated by copyrighted songs. It also implies the right to issue licenses on behalf of the composer, file for copyrights on the songs, and index the songs with a PRO (see “performing rights organization”)

Publishing Catalog Sale – The sale of a large group of published songs. Usually a catalog sale involves a large publishing company buying up a smaller one, or a publishing company buying the catalog of a self-published songwriter.

Recoupable – Monies paid to a songwriter or recording artist as an advance against future earnings. These advance monies are only recoverable from actual royalty earnings.

Reversion – A clause put into a publishing agreement that states the copyright ownership of the song will revert back to the songwriter if the publisher fails to get the song commercially recorded in a set period of time such as 1 years.

Royalties – Actual monies earned as a result of a song being recorded, performed, or distributed for sale in any medium. Royalties are also paid to artists and record producers for the sale of their CDs. The two main kinds of royalties are: mechanical royalties and performances royalties.

Self-Published – A term generally used to describe songwriters who retain their publishing rights and work independently of large publishing companies.

Sequencing – Programming a digital keyboard or digital drum synthesizer to play pre-arranged parts simultaneously.

Song Plugger – Also known as a “pitch person”, an employee of a publishing company or an individual who attempts to get songs recorded by “pitching” them to artists, record producers, film and tv producers, and A&R persons at record labels.

Song Quota – The minimum number of songs contractually required to be written by a songwriter who is receiving a financial advance from a publisher. The standard number is 12 wholly written songs (or 24 collaborations) per contract year, but this may fluctuate according to the publisher, the amount of money advanced, and the songwriter’s track record.

Staff Writer – A songwriter signed exclusively to a publishing company, said to be “on staff” with the other creative persons at the company.

Statutory Rate – The fixed royalty rate determined by an act of congress. This rate is adjusted every few years to compensate for inflation. Statutory rate is the generally accepted standard for the music business, however it is sometimes negotiated to a lower rate when an artist writes all of his or her own songs (this is called a “Controlled Composition Rate” or “control comp” for short).

Streaming MP3's – An audio format that allows someone to listen to music via the internet by “streaming” the content, or getting the data as consecutive bits of information. It doesn’t allow the recording to be downloaded to the listener’s computer.

Sync Fee – Monies paid for the use of a song or a piece of music in a film or TV show. The monetary amount is negotiated according to the importance of the song’s role in the particular scene in which it is used. Other factors may influence the sync fee negotiations such as whether the song has been a hit or is a new work, and whether the song was written by a well known artist or an unknown artist.

Unsolicited Songs – Tapes or CDs sent to a publisher or record label without prior consent to do so. You can call or write and ask permission first to learn about a publisher’s or record label’s policy on accepting material. Many will not listen at all if they don’t know who you are.

Virtual CDs (or NetCDs) – Music that can be directly downloaded as a “CD” without the need for purchasing the actual “hard copy” of the recording, the jewel case and the graphics.