Intellectual Property
copyrights, patents, trademarks, trade secrets-rights associated with the use of works, inventions marks and information. Not physical
Horizontal Integration
A firm buying out competeing companies at the same level
A non interest loan given by the record copany to the artist. Can include recording cost, promotional expenses- the adavance is paid back from royalties
Berne Convention
A copyright settlement between 160 countries which agrees to cover the laws from the other country
best edition
the edition, published in the United States at any time before the date of deposit
Blanket License
A license which gives the right to preform all works in a particular PRO’s repertorie
Brill Building
famous building in Tin Pan Alley where many songwriters worked
digital acquiring information from a CD
Collective Work
A work in copyright formed or assembled by a number of seperate independant works into a collective whole such as an anthology
Compulsory Mechanical License
the right to use a musical composition, its compulsory because the copyright owner can confirm or deny the use
Contributory Infringer
One whose actions make an infringement possible and who knows the infringement is occuring
A property right in a creative work which allows the owner to control the reproduction and use of the work
Recording or performance of a song by artist and performers other than the artist who originally recorded it
Recording or performance of a song by artist and performers other than the artist who originally recorded it
Creative Commons
Creative Commons (CC) is a non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share
Practice of using income from one source to recover advances made for a different source between the same two parties
A recording made to promote and artist or songwriter.
Derivative Work
A work that is based substantially on a previous work or works that edits, recast or changes the form of the prior work into a new copyrightable work.
Direct Infringement
a person selling, copy or distributing copyrighted works
Digital Millennium Copyright Act criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.
Dramatic Performance
A performance of a work that tells a story. Usually associated with musical theater or opera.
Digital Rights Management technology used to prevent digital piracy. Itunes dropped it in 2001
A song that continues to produce royalties long after it has been recorded
Fair Use
A provision in the copyright law allowing limited uses of works where the use is particularly beneficial to the public and does not do much harm to the owner
First Sales Doctrine
Part of the copyright law that allows the lawful owner of a copy of a work to dispose of the possession in any way they wish. Includes resold rented leased or given away. Is limited to digital rentals
First Use
The owner of the copyright has the right to give the first recording t
Harry Fox Agency
A collection and licensing agency whom issues mechanical licenses on behalf of its members publishing companies and collects licensing fees from record companies and other users and distributes them.
Heart of the Work
A segment a work which identifies it regardless of its the length.
A thing that persuades or influences someone to do something:
Knowledge Standard
Internet providers can not actively seek out if their users are infringing on copyrights. IF they do know they must act to stop it
National Music Publisher Association-Trade organization for music publishers
National Music Publisher Association-Trade organization for music publishers
Online Service Provider
A copy which provides internet. Not responsible for copyright violations of its users. If it is informed must act-knowledge standard
Peer-to-peer; denoting a network or data communications in which no dedicated server is involved. Example napster
Organizations that license performing rights and pay performance royalties to songwriters, publishers and record labels. ASCAP, BMI, SESAC and sound exchange
Tangible objects such as tapes, CD, or records which embody a sound recording. Also includes files containing a recording
The deliberate infringment of a copyright. Can include internet downloads or bootlegging. EVEN IF ITS NOT FOR COMMERCIAL SALE
Pitching a Song
When a artist performs a song for a publisher or song plugger in hopes that they will be picked up by
Public Domain
when a copyright on a work has expired or has never been in place. It may be used by anyone without obtaining any license
Recoverable royalties actually earned or due. Advances are usually recoupable but nonreturnable meaning that they are not a debt that would have to be repaid
A songwriters right to recapture the copyrights in the song. Occurred in a revision to statutory right called Termination Right
Tffhe process of copying audio or video content to a hard disk, typically from removable media
The process of copying audio or video content to a hard disk, typically from removable media
Payments to writers or performers due from the sale of copies, performances or other uses of their work.
Process of capturing a portion of a recording via digital recorder so that the sound previously recorded can be uses to recreate part of a new recording.
Serial Copying
Copying on a large scale
Song Doctor
a person who works for a records company who helps artist writes songs
Song Plugger
A person who works for a music publishing company whose job is to get the song recorded, performed and used in other ways
A person who writes a song
Sound-alike Recordings
A recording made to sound as much like the one by the original artist as possible. It is a new recording, but the musicians and singers imitate the sound of the previos recording
Sound Exchange
Organization formed by the RIAA that is in charge of distributing royalties collected from digital performance of sound recordings. Also negotiates royalty rates for web casters and other uses
Spin Count
The number of times a particular recording is played over the radio as recorded by a system such as BDS
Digital broadcasting of a video or music
subconscious infringement
Synchronization License
The license required to use composition in time relation to visual images such as movies or television
Transcription License
Permission to make a recording of a song where copies of the recording are not intend for distribution to the public. Radio Stations frequently receive transcription recordings for broadcast purposes of advertisements or programs
Vicarious Infringement
A party who benefits financially from an infringement and who could control weather the infringement occurred. They do not have to have knowledge of the infringement.
Code which allows copyright holders to know when and where a digital performance of their song is being played
Work for hire
a person who writes songs for a record company or is paid commission for the work