Whether you’re a music publishing pro or just looking to pick up some new industry lingo, we’ve got your back.

Thanks to our friends at Leadership Music for putting together this comprehensive list of terms for the Music Publishing Industry. Utilize this list to help you communicate like a music industry expert!

Administration Deal:

An administration deal is a legal agreement between the copyright owner and an entity to administrate an individual song(s) or an entire catalog for a negotiated period. The administrator can be a publisher or: a qualified professional (lawyer, accountant). Functions of administration include: filing necessary documentation, copyright registrations, collecting royalties, and negotiating third-party licenses (e.g., synchronization licenses). Fees for administration are generally computed as a percent of income ranging from 10% -20%.

Advance:

When used in publishing an Advance refers to a payment made to the copyright owner or writer before royalties have been earned. Advances can be made by publishers or PROs (Performing Organizations) and are recouped from future royalties. Advances are usually non-refundable

Background Score:

A custom composition by a composer created for a TV show or film. A score could also be a group of songs used as a background score for an audio/visual work.

Blanket License:

A type of license allowing a music user, typically a TV network, or radio station, to play or perform all compositions covered under the license without a limit on use for one (usually annual) payment. PROs the MLC, and Production Libraries often use blanket licenses with television, Film, and radio stations.

CAE/IPI Number:

A unique international identifying code assigned to a writer or publisher upon affiliating with a PRO. Assigned by CISAC international database and recognized by all international societies.

Closing Theme:

A cue sheet and licensing term to indicate the music that is used with the end titles. It is a featured use.

Co-Publishing Agreement:

A legal agreement between a songwriter(s) and publisher(s) wherein the publishing rights are co-owned. The control of the song is determined by which publishing company(s) controls the administration. In the case of a co-published/co-administrated song, a licensee would need to contact each of the respective publisher to obtain a license.

Control (Administrative Control):

The Administrating Publisher has the sole right to authorize the grant of licenses, for mechanical, print and such rights on behalf of itself and the writer and receives the writer’s share of income for all income streams except the writer’s share of performance income which is collected by the Performing Rights Societies (BMI, ASCAP, SESAC, etc.), the MLC, and SoundExchange. Thies are then paid directly to the writer.

CRB- Copyright Royalty Board:

The U.S. system of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the United States Copyright Office of the Library of Congress. The Copyright Tribunal Board is entrusted with setting rates for Compulsory licenses.

Cue:

An individual musical fragment intended to be used in a motion picture or TV/radio show episode. The musical fragment may be part of a sequence of cues intended to segue without interruption between them. Cues used for underscoring can be used behind dialog, or to score visual action.

Cue Sheet:

A document containing a detailed listing of each piece of music used in a film or television production. The cue sheet lists the music by title, composer, publisher, timing and type of usage, and is usually prepared by the producer of the TV program or film. The document must be filed with the performing rights societies.

Direct License:

A license obtained directly from the copyright owner or publisher where the Performing Rights are paid directly to the copyright owner by the Licensee. With a Direct License, no royalties are collected by, or paid to, the Performing Rights Organizations (BMI, ASCAP, SECAC, etc.), the MLC, or SoundExchange.

Exclusive Songwriter Agreement:

This agreement is a legal contract in which a songwriter assigns to a publisher a controlling interest to his or her songs written during the term of the contract for a fee. Issues such as the term of the agreement, other songs to be included (back-catalogue), reversion rights, the amount of the advance, and what percentage of royalty income the songwriter will receive are all negotiable points.

Favored Nations Clause/ Most Favored Nations Clause:    .    .

In publishing, a MFN clause provides that an offer given to one party in an agreement is at least equal to the best offer negotiated with the other parties. An MFN clause might be used in negotiations for Royalty rates (other than Statutory) for a Greatest Hits CD. The clause would insure that all publishers receive the same Royalty Rate equal to the highest rate negotiated. As an example, assume that Licensor B initially agreed to a grant reduced rate but under MFN. During negotiations, Licensor A was granted a full mechanical. Under this situation Licensor B would receive a full rate because Licensor A had received a full rate because of the MFN clause.

Feature Work:

A musical work used in an audio/visual use of music that constitutes the main focus of audience attention at the time of the performance. This term, usually used in connection with TV, is used when the vocalists and/or instrumentalists are on camera or where the music is used as part of a dance routine that is the main focus of attention. 

Grand Rights:

Also known as Dramatic Rights or Dramatic Performance, it is the term used in connection with Musicals, Operas, Ballets, and other dramatic performances where the use of a musical composition is used to tell a story or as part of a story or plot. The copyright owner has the exclusive right to issue licenses and collect fees for grand rights.

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.

Interactive Streaming:

A one-way audio transmission over a data network which the user can identify and play at will a unique recording they wish to listen to. As with simple Streaming the audio data is not stored on the destination computer.

International Standard Recording Code (ISRC):

The ISRC (International Standard Recording Code) is a unique international identifier for tracks on sound and music-video recordings. It consists of a 12 character alpha-numeric code, the ISRC functions as a digital "fingerprint" for each track. In addition, the ISRC remains allocated to a track regardless of changes in ownership. It is an extremely powerful tool for royalty collection, administration, and anti­piracy safeguards in the digital arena.

Library:

The term library is usually used in connection with Production Music Companies. It denotes 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. The library is usually offered under a Blanket License.

License:

A license is a grant to a "user" permitting use of a copyright for any of the following: I. Mechanical (Records, Tapes, CDs). 2. Non-dramatic performance (public performance of a song over radio/TV/club/hotel/concerts). 3. Grand Rights (dramatic performance of a musical work, musical comedy, play, opera, operetta, or ballet). 4. Synchronization (the use of a musical composition on the soundtrack of an audio/visual work for theatrical exhibition or television). 5. 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). 6. Commercial (the use of a musical composition as part of an advertisement). (definition courtesy of BMI)

Licensing or Clearance Houses:

A potential licensor may use a Clearing House to obtain the legal rights necessary to use the composition. The Clearing House is responsible for getting all the necessary legal rights for a licensor (e.g. a TV show or film) to use the music.

Master or Master Recording:

A master recording is a completed original recording from which copies may be made.

Master Use License:

A license from the owner of the master recordings allowing for the reproduction and distribution of the master recordings. In audio/visual productions, media companies must obtain a Master Use license for the sound recording and a Publishing license for the composition.

Mechanical License:

A Mechanical license is the licensing of copyrighted musical compositions for use on CDs, records, tapes, and certain digital configurations. (definition courtesy of Harry Fox)

Mechanical Rights:

A mechanical right is the right to record and distribute (without visual images) a song on a phonerecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CDs and tapes. (definition courtesy of ASCAP)

Metadata:

Set of information corresponding to a song file, such as artist name, producer, writer, song title, release date and more, used to identify, sort and deliver audio content. May include splits and information of how to contact publisher.

Music Clearance:

Music that is synchronized with moving pictures requires a license. Any production company using music in a film or TV program must contact the rights holders of that music, i.e. the publisher of the underlying copyright and the owner of the Master Recording. The act of obtaining this license is commonly termed "getting the music cleared."

Music Supervisor:

Someone who chooses and consults with the production company to acquire the music, songs, and scoring for a film or TV show. The director of the film usually has the final creative say on which piece of music is finally chosen.

Performing Rights:

The right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher when a business uses music in a public performance. When music is performed by a business they must obtain a license to use that music and compensate the author (composer and lyricist) and publisher. Income is collected by one of three performing rights organizations: BMI, ASCAP and SESAC or the MLC or SoundExchange.

Performing Rights Organizations (PROs):

Performing rights organizations issue licenses to users of publicly performed, non-dramatic music for a fee, and them pay performing rights royalties to the publishers and songwriters. There are more than 200 PRO’s throughout the world. ASCAP, BMI, and SESAC are the dominant PROs in America. The PROs utilize blanket licenses with radio stations, television stations, clubs, restaurants, stores and digital streaming services. The number of times a song is played is tracked and the pool of blanket license money is divvied up according to the number of plays and the value of plays.

Phonorecord:

Phonerecord (as set forth in U.S. Copyright Act): Material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device (as set forth in the US Copyright Act)

Publisher:

A person or company taking responsibility for administering, exploiting, and protecting songs, scores, or compositions that they own, or control, or on behalf of others. If a writer controls their own publishing the term "self-published" is often used.

Publisher Share:

The income for a composition is divided equally between a publisher and the songwriter(s). In the case of a single publisher, the publisher's share would be 100%. In the case of multiple publishers, the publisher's share generally refers to the ownership interest of each respective publisher. If there is just one publisher, that publisher has administrative control.

Registration:

A song must be registered with the author's affiliated PRO (ASCAP, BMI or SESAC) or the MLC or SoundExchange so that the correct percentages of royalties are paid. The song must also be registered with publishers in foreign territories who will register the song with their local mechanical and performing rights societies.

Royalty:

Payments made on a per-use or blanket basis as established by a license agreement. Typically refer to income earned from use of a song. Ex. Album sales, digital downloads, synch use, etc.

Sampling:

Sampling is the act of copying a portion of a sound recording and reusing it as an instrument or part of a new recording. Unauthorized sampling is considered a copyright infringement of the sound recording from which they were taken.

Score:

The term Score typically refers to music used or composed for an audio/visual work and used in synchronization with that work. A score is used in film and television to create the mood, foreshadows, scenes, etc. The music is not licensed and is most often done as a "work for hire" by the composer for the film/TV production company.

Split Sheet:

A document that identifies who did what during songwriting, and what percentage of royalties each party is entitled to.

Statutory Mechanical License Rate:

The statute places a ceiling on the royalty a copyright owner can obtain from the sale of a composition contained on a CD or a download. This fee is set by the Copyright Arbitration Royalty Panel and as of Oct. 2008 the statutory mechanical royalty rate is set at 9.1¢ per song for each track on a CD or download, or 1.75¢ each minute of playing time, whichever is greater. This rate pertains to any release from 2006 and will extend until 2013.

Sub-Publishing:

An agreement between the original publisher of a song (or catalogue) and a foreign publisher to license, exploit, and collect royalties for the song (catalogue) in the foreign publisher's territory. Among other things, the agreement stipulates the term of the contract, the area or territory in which it applies and the percentage of royalties the sub-publisher is authorized to retain for its services.

Synchronization Licenses (sync rights):

A synchronization license authorizes the recording of an author's musical work onto the soundtrack of an audio/visual work with visual images. Synchronization fees are negotiated and vary according to the popularity of the song and the importance of the song in the production. The fee is often equal to the fee paid for the Master Use License for the sound recording.

Theme:

A musical work used at the beginning and closing portions of a TV show or film or as a recurring piece of music throughout the show.

Underscore:

A score for a motion picture or television program (as opposed to the Main Title or End Credits Themes) usually used to mean the music that is used under the dialog.

Writer Share:

Represents the authorship of the song. Unless assigned or sold, the writer share remains the property of the author.

So now that you know the lingo, contact us to help strategize and develop your marketing for more streams and sales.