ADMINISTRATION The supervising for a fee (generally a percentage of income), usually by a major music publisher, of a smaller music publisher's financial and copyright matters regarding one or more songs or an entire catalog. The administrator does not necessarily own a share of the copyright, although one co-publisher could administer another co-publisher's share.

ADVANCE The payment in advance of royalties to be earned in the future, and recouped by offsetting those future earned royalties against the money advanced. Advances are usually non-refundable.

A&R (ARTISTS AND REPERTORY) The department in a record company that selects and deals with new artists, songs and records.

AUDIO/VISUAL WORK An industry term for film, television or any other visual production.

ASSIGNMENT OF COPYRIGHT The transfer of ownership of a copyright from one party to another, which must be in writing to be effective.

AUDIO HOME RECORDING ACT That portion of the Copyright Act (section 1001-1010) that provides for royalties to be paid to songwriters, music publishers, recording companies and recording artists for the importation or manufacture of digital audio recording devices (e.g., digital tape players) or media (e.g., CDs and tapes).

AUDIT CLAUSE An important clause in any agreement between a songwriter and a publisher, or any business agent, which allows the songwriter the right to have access to the publisher's books and records (usually once a year), so that the songwriter can determine the accuracy of the publisher's accounting practices.

AUTHOR The creator of "Intellectual Property" such as literary, musical and dramatic works; choreography; pictorial, graphic and sculptural works; audio/visual works and sound recordings. Therefore, the word author can denote composer, lyricist, record producer, choreographer, artist, photographer, writer or other creator (see "Work for Hire").

BACKGROUND MUSIC Music used (other than as feature or theme music) that creates mood and supports the spoken dialogue of a radio program or visual action of an audio/visual work.

BERNE CONVENTION Preeminent international copyright treaty that the U.S. joined in March 1989. Notable for prohibiting administrative formalities in order to acquire copyright protection, Berne grants a higher level of protection in foreign countries than does the UCC, the other international copyright treaty.

BLANKET LICENSE For an annual fee, radio and television stations, public broadcasters, cable stations, universities, restaurants, subscription music services, etc. can acquire a "blanket license" from a performing rights organization. This "license" gives them the right to perform every piece of music contained in the respective repertoire as often as they wish during the term of the license.

BOOTLEGGING Unauthorized recording and selling of a song.

CATALOG The most commonly used word in reference to the collection of songs owned by a publisher/songwriter.

COMPULSORY MECHANICAL LICENSE A license provided by the Copyright Law allowing anyone to record a song that has previously been commercially recorded with authorization, as long as they pay at least the royalties set by a Copyright Arbitration Royalty Panel. The royalty rate for 1994 and 1995 is 6.6cents per song for each record or tape made and distributed, or 1.25cents for each minute of playing time, whichever is greater. The rate is adjusted every two (2) years, based upon the Consumer Price Index (CPI).

CONTROLLED COMPOSITION A composition written or co-written by the recording artist (and sometimes the producer per the artist contract) under an exclusive recording agreement. Typically, the recording company will pay 75 percent of the minimum statutory rate on only 10 sides per LP and two sides per single, regardless of the actual number of sides or length of the composition(s).

COPYRIGHT The exclusive right, granted by law for a stated period, usually until 50 years after the death of the surviving author of the work, to make, dispose of, and otherwise control copies of literary, musical, dramatic, pictorial and other copyrightable works. The exclusive right is set forth in the 1976 Copyright Law Section 106.

COPYRIGHT DEPOSIT REGISTRATION To register a musical work under the 1976 Copyright Act:

Send a request for an application to the Copyright Office, Library of Congress, Washington D.C., 20559. To order an application by telephone call (202) 707-9100.

When an application is completed, send it back to the Copyright Office with:

• one copy of manuscript, lead sheet or tape if unpublished or
• two copies of manuscript (sheet music) or tape if published and
• the appropriate registration fee, currently $20, by money order, bank draft or check, made payable to Register of Copyrights.

COPYRIGHT ARBITRATION ROYALTY PANELS (CARPs) As successors to the Copyright Royalty Tribunal, CARPs will consist of private citizens appointed by the Register of Copyrights to act as arbitrators in matters of setting periodic changes in the royalty rate for the compulsory mechanical license, as well as for compulsory licenses for distant signal cable television transmissions and public broadcasting. CARPs will also determine entitlements to the royalties received by the Copyright Office for the latter two licenses and under the Audio Home Recording Act.

CUESHEET A listing of the music used in a television program or motion picture by title, composer, publisher, timing and type of usage (e.g., background, feature, theme) usually prepared by the producer of the program or film.

DERIVATIVE WORK A work derived from another work, such as a translation, musical arrangement, sound recording, or motion picture version.

DIRECT LICENSE In reference to performing rights, a license obtained by a music user directly from composers and publishers allowing the user to publicly perform the licensed work.

EXCLUSIVE RIGHTS The right of a copyright owner to exclusively authorize recording, performance, dramatization or other uses of his works, as set forth in the Copyright Law.

EXCLUSIVE SONGWRITER AGREEMENT A contract between a publisher and a songwriter where the songwriter assigns all songs written during the term of the contract to the publisher in return for a percentage of royalty income. Such an agreement usually involves advances paid by the publisher to the songwriter.

EXPLOIT When used in relation to publishing, "exploit" refers to encouraging the licensing and commercial use of a particular copyright.

FAVORED NATIONS CLAUSE A term commonly used in the entertainment/music industry to protect one's established salary or royalty rate. A favored nations clause may provide, for example, that no one can be paid more than the contracting party for talent or material similarly used and if someone is, the contracting party will receive the same treatment.

FEATURE WORK On television, a performance that constitutes the main focus of audience attention at the time of the performance. The vocalists and/or instrumentalists, respectively, must be on camera except where the music is used as part of a choreographic routine that constitutes the main focus of attention. On radio, a performance that is the sole sound broadcast at the time of the performance.

GRAND RIGHTS Grand Rights is the term used to describe "dramatic" performing rights. This would cover performances of musical comedies (Broadway and off-Broadway), operas, operettas, ballets, as well as renditions of independent musical compositions in a dramatic setting where there is narration, a plot and/or costumes and scenery. The copyright owner has the exclusive right to issue licenses and collect fees for grand rights. The use of a musical work in a non-dramatic public performance is not a grand right: it is a "small" performing right licensed through a performing rights organization.

INFRINGEMENT A violation of the exclusive rights granted by the copyright law to a copyright owner.

LEAD SHEET A hand-made (usually) reproduction on paper of a newly-written song.

LIBRARY A collection of musical compositions that are licensed by the publisher or administrator for use as background, theme, or score music, on radio, broadcast and cable television, films, or video productions.

LICENSE A license is a grant to a "user" permitting use of a copyright for any of the following:

• Mechanical (records, tapes, CDs).
• Non-dramatic performance (public performance of a song over radio/TV/club/hotel/concerts).
• Grand Rights (dramatic performance of a musical work, musical comedy, play, opera, operetta, or ballet).
• Synchronization (the use of a musical composition on the soundtrack of an audio/visual work for theatrical exhibition or television).
• Print (sheet music, folios, songbooks or other printed editions. The grant is usually made for a specified period of time and for a designated territory).
• Commercial (the use of a musical composition as part of an advertisement).

LOGS Schedules prepared by radio and television stations for BMI indicating by title, writer and artist all music performed on the station during a particular time period. Used as a basis for payment by BMI to writers and publishers.

MASTER A completed recording of a song from which multiple copies are manufactured.

MECHANICAL LICENSE The license issued by a publisher or his agent, usually to a record company, granting the record company the right to record and release a specific composition at an agreed-upon fee per unit manufactured and sold.

"THE 19 YEAR EXTENSION" The term of copyright for works registered under the 1909 Copyright Act was extended, under the 1976 Copyright Act, so that copyrights, if renewed, will be protected for 75 years -- an additional 19 years from the time of the original copyright. Under the prior copyright law of 1909, the term of copyright was two 28 year terms, or a total of 56 years.

NON-EXCLUSIVE RIGHTS The performing rights held by American performing rights organizations are non-exclusive, because at the same time that the organizations have the right to license performances of works, the writers and publishers have the right to license them directly to music users. Other rights may also be granted on a non-exclusive basis.

NOTICE OF COPYRIGHT When a work is published (publicly distributed), a notice of copyright should be placed on all copies. Since March 1, 1989, the use of a notice has been optional. If a notice is used, it should contain three elements:

• (c), or the word "Copyright," or the abbreviation "Copr."
• The year of first publication.
• The name of the copyright owner.

PA FORM The form used to register a copyright with the Copyright Office. PA stands for "Performing Arts."

PARODY A satirical imitation of a literary or musical work. Permission from the owner of the copyright is generally required before commercial exploitation of a parody.

PERFORMING RIGHTS ORGANIZATION An association or corporation that licenses the public performance of non-dramatic musical works on behalf of the copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music Incorporated (BMI), and SESAC, Inc. These performing rights organizations issue licenses to users of publicly performed, non-dramatic music for a fee, and then pays performing rights royalties to the publishers and songwriters of the performed works. Visit our page on Copyright around the world:

PER-PROGRAM LICENSE A performing rights license agreement available in lieu of a blanket license for broadcasters that bases its fee upon income from only those programs using music licensed by that society.

PIRACY Unauthorized copying of a record or tape.

PRINT MUSIC Music used in the following printed editions:

• Sheet Music -- Musical compositions printed on unbound sheets of paper containing the music and lyrics for both popular and classical music.
• Folio -- A collection of songs written by various artists, having a common link or theme (love songs, top hits of an era, selections from a Broadway show, etc.).
• Arrangements for a particular musical instrument (i.e., accordion, banjo, guitar, drums, piano, etc.).
• Concert Edition -- A collection of songs arranged for performance for a group of voices or instruments, commonly available in choral, orchestra, and/or band arrangements.
• Method Book -- An educational or method book containing instructions and exercises for developing and improving techniques categorized to their level of difficulty.

PRINT RIGHTS The exclusive right conferred by the Copyright Law to print sheet music, folios, band parts and instrumental arrangements.

PUBLICATION Defined by the Copyright Act as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental lease or lending. The offering to distribute phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication." However, merely performing a new song in public doesn't "publish" it.

PUBLIC DOMAIN Refers to the status of a work having no copyright protection and, therefore, belonging to the world. When a work is "in" or has "fallen into" public domain it means it is available for unrestricted use by anyone. Permission and/or payment are not required for use. Except with respect to works eligible for restoration of copyright, once a work falls into the public domain ("PD") it can never be recaptured by the owner.

PUBLISHER A person or company that publishes and exploits songs, scores, or compositions, usually acquired from the author via an assignment of copyright.

RECAPTURE OF RIGHTS The right granted to an author and certain of his/her successors under the Copyright Act, (but excluding works made for hire) under certain conditions and certain limitations, to recapture rights to a copyright previously granted to a publisher or other grantee. Because this is a detailed and complex procedure, you should consult your attorney on recapturing rights to your works.

RENEWAL OF COPYRIGHT A registration by the author or his heirs (or their authorized agent) in the U.S. Copyright Office that renews for a second term of 47 years a copyright originally registered prior to January 1, 1978. Works originally copyrighted prior to 1964 that were not renewed in their 28th year of copyright have fallen into the public domain. Works originally copyrighted between 1964 and 1977 are automatically renewed by statute, regardless of whether a renewal registration is made for them. However, filing a Form RE (along with payment of a $20 fee) for automatically renewed works is recommended in order to obtain certain statutory benefits. There is only one term of copyright for works written on or after January 1, 1978, generally the life of the author plus 50 years.

RESTORATION OF COPYRIGHT The procedure by which the owner of a copyright in a work which originated in a foreign country that is a member of the Berne Convention or World Trade organization, which is still protected there, and which fell into the public domain in the U.S. because it failed to comply with certain formalities that had been a part of U.S. law can have U.S. copyright protection retroactively revived. Registration of a restored work is accomplished by filing a form GATT with the U.S. Copyright Office.

SAMPLING When sound bytes are removed electronically from a master recording and through technological imitation placed within the context of another composition. The length of the bytes can be limitless and can contain lyric and music in combination or in part from any segment of the score. Depending upon the length of the bytes and how they are used, unauthorized sampling could be held to be a copyright infringement of the sound recording from which they were taken and from the musical work they first appeared in.

SCORE The music that is used in synchronization to an audio/visual work, or the body of music composed for a dramatic-musical work.

SINGLE SONG AGREEMENT A contract between a publisher and songwriter(s) where the songwriter assigns to the publisher the copyright in one particular song in return for a percentage of royalty income. Sometimes referred to as a "one-off" contract.

SMALL PERFORMING RIGHTS This term is used to describe the non-dramatic public performing rights that are represented by and licensed through the performing rights organizations. In the United States these are BMI, ASCAP and SESAC. Performances of individual musical works on radio and TV and at hotels, restaurants, on background music services, and in concerts are a "small" performance. These performing rights cover individual musical works used in non-dramatic renditions and are to be distinguished from "Grand Rights." Note that when individual musical compositions are used in a dramatic setting, with action, scenery and dialogue, as may be the case in a "revue," it could be considered a "dramatic" performance and not be covered under a performingrights organization license (see "Grand Rights").

SONGSHARK A purported music publisher who charges a fee for exploitation services to songwriters that a legitimate music publisher would bear himself. Songsharking is not illegal, but is considered highly unethical in the music business.

SONGWRITER The men and women who conceive and construct the lyrics and music to create songs.

SONGWRITER/PUBLISHER CONTRACT An agreement entered into between the two parties that sets, among other things, the terms under which the composition(s) is transferred (assigned) and income is earned and divided.

SOURCE LICENSE In performing rights, a license granted by the copyright owner to the person, producer or organization being licensed to record the work, (e.g., in a taped program) so that the performance of the recorded work needs no further license.

SPLIT PUBLISHING When the publishing rights in a song are held by more than one publisher. Each of the several publishers are called "co-publishers."

SR FORM Copyright registration form for a sound recording, usually obtained by the record company to protect the fixation of sounds on the recording.

STAFF SONGWRITER A songwriter who has an exclusive agreement with a publisher.

STATUTORY COPYRIGHT A work protected by U.S. Copyright Law.

STATUTORY DAMAGES Monetary damages obtainable by a copyright owner of a work for its infringement. The amount is at the discretion of the court, but ranges from $500 up to $20,000 for each infringement, and up to $100,000 if the infringment was wilfull. If actual damages and profits attributable to the infringement would be greater than statutory damages, the copyright owner can choose to seek those instead.

STATUTORY MECHANICAL ROYALTY RATE The compulsory mechanical license rate has been in existence since the 1909 Copyright Act. The statute places a ceiling -- per record, per song -- on the royalty a copyright owner can obtain (the royalty rate of 2 cents remained the same from 1909 to 1978). Provision was made, under the 1976 Copyright Act, for a periodic review of the rate. Such a review took place in 1980, whereby the royalty rate was increased in yearly increments. The statutory rate for 1994 and 1995 is 6.6cents per song for each copy of the record or tape distributed or 1.25cents per minute of playing time, whichever is greater. Through the joint efforts of the National Music Publishers Association (NMPA), The Songwriter's Guild (SGA) and the Recording Industry Association of America (RIAA) the rate per song will be readjusted by a Copyright Arbitration Royalty Panel in proportion to the Consumer Price Index (CPI) every two years until January 1, 1996. Regardless of changes in the CPI the rate cannot decline below 5 cents nor exceed the previous rate by more than 25 percent for any two year span.

SUB-PUBLISHING A contractual arrangement between an original publisher of a song and a foreign publisher to handle the exploitation, licensing and collection for the song in the foreign publisher's territory.

SYNCHRONIZATION RIGHT The exclusive right of a copyright owner, granted by the Copyright Act, to authorize the recording of a musical work onto the soundtrack of an audio/visual work. The song is synchronized with images on the screen, hence the name.

SYNCHRONIZATION ROYALTIES The amount of money earned by the publisher (and, consequently, divided with the songwriter) for the use of a song for which a synchronization license has been issued.

VIDEO BUYOUT An agreement by which the buyer (user) agrees to pay the licensor a flat fee for the use of a song, with no increase based on sales of videocassettes/discs.

VIDEO ROLLOVER An agreement by which the buyer (user) agrees to pay the licensor a continuing fee (either in advance or based on sales as per agreement). Every time a specific sales point has been reached, the fee is "rolled over," i.e., paid again.

WORK FOR HIRE As defined in Section 101 of the 1976 Copyright Law, this is a work prepared by an employee within the scope of his/her employment, or a work specially ordered or commissioned for use by another person in accordance with a written document as a contribution to a collective work, motion picture, audio/visual and other certain types of works, the nature of which is specifically defined in Section 101 of the Copyright Law. In the case of a work made for hire the employer is considered the author of the work under the Copyright Law (and unless the parties agree, otherwise owns all the rights in the work).

Information in this article was compiled from the following sources:

The Glossary, published by the Songwriters Guild Foundation, (c)1987
The Songwriters Guild of America
276 Fifth Avenue
New York, NY 10001
(212) 686-6820

National Music Publishers Association,
Inc./Harry Fox Agency, Inc.
205 East 42nd Street
18th Floor
New York, NY 10017
(212) 370-5330

Music Publishing: A Songwriter's Guide
(c)1990 written by Randy Poe, published by Writer's Digest
1507 Dana Avenue
Cincinnati, OH 45207

BMI
Theodora Zavin, Esq., Senior Vice President & Special Counsel to the President
Gary Roth, Esq., Senior Legal Counsel
Nicholas Arcomano Esq., Assistant Counsel, Performing Rights