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Glossary of Music Industry Terms

by Joy R. Butler, Esq.

[Audiobook Cover] 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.

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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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