Shared Flashcard Set

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Test One
music business terms
59
Music
Undergraduate 3
02/12/2012

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Cards

Term
Intellectual Property
Definition
copyrights, patents, trademarks, trade secrets-rights associated with the use of works, inventions marks and information. Not physical
Term
Horizontal Integration
Definition
A firm buying out competeing companies at the same level
Term
advance
Definition
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
Term
Berne Convention
Definition
A copyright settlement between 160 countries which agrees to cover the laws from the other country
Term
best edition
Definition
the edition, published in the United States at any time before the date of deposit
Term
Blanket License
Definition
A license which gives the right to preform all works in a particular PRO's repertorie
Term
Brill Building
Definition
famous building in Tin Pan Alley where many songwriters worked
Term
Burning
Definition
digital acquiring information from a CD
Term
Collective Work
Definition
A work in copyright formed or assembled by a number of seperate independant works into a collective whole such as an anthology
Term
Compulsory Mechanical License
Definition
the right to use a musical composition, its compulsory because the copyright owner can confirm or deny the use
Term
Contributory Infringer
Definition
One whose actions make an infringement possible and who knows the infringement is occuring
Term
Copyright
Definition
A property right in a creative work which allows the owner to control the reproduction and use of the work
Term
Cover
Definition
Recording or performance of a song by artist and performers other than the artist who originally recorded it
Term
Cover
Definition
Recording or performance of a song by artist and performers other than the artist who originally recorded it
Term
Creative Commons
Definition
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
Term
Cross-collateralization
Definition
Practice of using income from one source to recover advances made for a different source between the same two parties
Term
Demo
Definition
A recording made to promote and artist or songwriter.
Term
Derivative Work
Definition
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.
Term
Direct Infringement
Definition
a person selling, copy or distributing copyrighted works
Term
DMCA
Definition
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.
Term
Dramatic Performance
Definition
A performance of a work that tells a story. Usually associated with musical theater or opera.
Term
DRM
Definition
Digital Rights Management technology used to prevent digital piracy. Itunes dropped it in 2001
Term
Evergreen
Definition
A song that continues to produce royalties long after it has been recorded
Term
Fair Use
Definition
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
Term
First Sales Doctrine
Definition
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
Term
First Use
Definition
The owner of the copyright has the right to give the first recording t
Term
Harry Fox Agency
Definition
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.
Term
Heart of the Work
Definition
A segment a work which identifies it regardless of its the length.
Term
Inducement
Definition
A thing that persuades or influences someone to do something:
Term
Knowledge Standard
Definition
Internet providers can not actively seek out if their users are infringing on copyrights. IF they do know they must act to stop it
Term
NMPA
Definition
National Music Publisher Association-Trade organization for music publishers
Term
NMPA
Definition
National Music Publisher Association-Trade organization for music publishers
Term
Online Service Provider
Definition
A copy which provides internet. Not responsible for copyright violations of its users. If it is informed must act-knowledge standard
Term
P2P
Definition
Peer-to-peer; denoting a network or data communications in which no dedicated server is involved. Example napster
Term
PRO's
Definition
Organizations that license performing rights and pay performance royalties to songwriters, publishers and record labels. ASCAP, BMI, SESAC and sound exchange
Term
Phonographs
Definition
Tangible objects such as tapes, CD, or records which embody a sound recording. Also includes files containing a recording
Term
Piracy
Definition
The deliberate infringment of a copyright. Can include internet downloads or bootlegging. EVEN IF ITS NOT FOR COMMERCIAL SALE
Term
Pitching a Song
Definition
When a artist performs a song for a publisher or song plugger in hopes that they will be picked up by
Term
Public Domain
Definition
when a copyright on a work has expired or has never been in place. It may be used by anyone without obtaining any license
Term
Recoupment
Definition
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
Term
Reversion
Definition
A songwriters right to recapture the copyrights in the song. Occurred in a revision to statutory right called Termination Right
Term
Ripping
Definition
Tffhe process of copying audio or video content to a hard disk, typically from removable media
Term
Ripping
Definition
The process of copying audio or video content to a hard disk, typically from removable media
Term
Royalty
Definition
Payments to writers or performers due from the sale of copies, performances or other uses of their work.
Term
Sampling
Definition
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.
Term
Serial Copying
Definition
Copying on a large scale
Term
Song Doctor
Definition
a person who works for a records company who helps artist writes songs
Term
Song Plugger
Definition
A person who works for a music publishing company whose job is to get the song recorded, performed and used in other ways
Term
songwriter
Definition
A person who writes a song
Term
Sound-alike Recordings
Definition
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
Term
Sound Exchange
Definition
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
Term
Spin Count
Definition
The number of times a particular recording is played over the radio as recorded by a system such as BDS
Term
Streaming
Definition
Digital broadcasting of a video or music
Term
subconscious infringement
Definition
Term
Synchronization License
Definition
The license required to use composition in time relation to visual images such as movies or television
Term
Transcription License
Definition
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
Term
Vicarious Infringement
Definition
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.
Term
Watermarking/fingerprinting
Definition
Code which allows copyright holders to know when and where a digital performance of their song is being played
Term
Work for hire
Definition
a person who writes songs for a record company or is paid commission for the work
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