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Glossary of Music Industry Terms
by Joy R. Butler, Esq.
This article is an excerpt from the audiobook,
The Musician's Guide Through the Legal Jungle:
Answers to Frequently Asked Questions About Music Law
- Blanket License
- A license issued by a performing rights society that authorizes the public performance
of all the songs in the society’s catalog.
Business Manager
- A representative who helps the musician with financial planning, investment decisions,
tax matters, monitoring of income from contracts, estate planning and other financial matters.
Compulsory Mechanical License
- An exception to the copyright holder's exclusive rights of reproduction and distribution
that allows anyone to record and distribute any commercially-released, non-dramatic song
as long as the mechanical license rates established by copyright law are paid to the
copyright owner of the song.
Copyright
- A bundle of exclusive rights granted by law to the creator of an original
literary, artistic, or other intellectual work - including songs and sound recordings.
For a discussion of the exclusive rights enjoyed by the copyright
owner of a song or sound recording, see the article,
What Exactly is a Music Copyright?.
Derivative Work
- A new work based on or derived from one or more pre-existing works.
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Exclusive Rights
- For purposes of copyright law, the privileges that only a copryight owner has
with respect to the copyrighted work. See the article,
What Exactly is a Music Copyright?, for a discussion of exclusive rights held by the copyright
owner of a song or sound recording.
Exploit
- For purposes of music publishing, to seek sources of revenue for a song. See the article,
Music Publishing: How Your Songwriting Generates Income, for a discussion of music
publishing rights and music royalty income.
Fixed in a Tangible Medium of Expression
- A term coined by the Copyright Act meaning that an original literary, artistic or
intellectual work has a valid copyright as soon as it is written down or recorded in a manner
sufficiently permanent or stable to permit it to be perceived, reproduced or communicated
for a period of more than transitory duration.
Harry Fox Agency
- A company that represents music publishers in the negotiation of mechanical
licenses, synchronization licenses and foreign licenses, and the collection of
music royalty income.
Mechanical License
- Authorization from a music publisher or song writer to record and distribute a song
on phonorecords. Compare to compulsory mechanical license.
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Music Publishing
- The commercial exploitation of songs through the issuance of mechanical licenses,
synchronization licenses, performing rights licenses, print licenses as well as other
licenses authorizing various uses of the songs. See the article,
Music Publishing: How Your Songwriting Generates Income, for a
discussion of music publishing.
Musical Work
- A melody and any accompanying lyrics; more commonly referred to as a musical
composition or a song.
Performing Rights License
- Authorization for the public performance of a song frequently granted by a
performing rights society through a blanket license.
Performing Rights Society
- The associations or companies that issue performing rights licenses, track public
performances, collect performing license revenues and distribute those revenues to
song writers and music publishers. The performing rights societies in the United States
are ASCAP, BMI and SESAC.
Personal Manager
- A representative who assists the musician in the development and management of his
music and entertainment career.
Phonorecord
- Any material object onto which sounds, other than those on a soundtrack of an audio-visual
work, can be recorded including an audiocassette, a CD, or a vinyl disc.
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Print License
- Authorization from a music publisher or song writer to reproduce and distribute a song
in printed form.
Sound Recording
- The recorded performance of a song onto a phonorecord.
Sub-Publisher
- A foreign agent retained by the original music publisher of a song to exploit the song in
the foreign agent’s geographic territory.
Synchronizarion License
- Authorization granted by a music publisher, or song writer to use a song with visual
images (as in a motion picture or television program).
Talent Agent
- A representative who arranges live performances and other employment opportunities
for a musician. Also referred to as a booking agent.
For more entertainment business information,
subscribe to our free
Guide Through the Legal Jungle Periodic Newsletter.
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Joy R. Butler is an entertainment, intellectual property
and business attorney. (View Joy Butler's full bio.).
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