Do people say “cool” anymore? I’ve always been more of a cool beans person myself, but I was always in the minority. I have spent most of my career explaining complex legal terms in plain language. Now I spend time explaining everyday terms in the context of legal contracts, but still in even plainer language. I have compiled a list of terms that you may come across in music or entertainment contracts for music licenses, and tried to provide some witty definitions.
All In
Means that fee covers both the publishing rights and the sound recording rights. Another way we could say this is “Ragu – It’s in there” but then we might need a license.
Buy Out
You will receive a one-time fee for the use of your music and that’s it. This is common in video game licenses.
Credits
Who performed it, who wrote it, and who licensed the song is added in the end credits of a film.
Cue Sheets
This is a tracking report that allows songwriters and publishers to be paid for the broadcast use of their song. It will include details like the production and episode, writer or publisher details, the air dates, the length, and when. It also outlines how it was used such as featured, vocal, instrumental, or background.
Exclusivity of Brand
Often used in advertising. It prevents you from using your song in another campaign that promoting a similar product category. This could be in a specific territory or worldwide.
In and Out of Context Use
In-context use refers to the use of a song within a film or TV show, while out-of-context use involves using the music in related trailers or other promotional materials.
In Perpetuity
Is just like it sounds… and just like Randy Travis said “I'm gonna love you forever and ever, forever and ever, forever and ever, forever and ever, amen”
Licensee
The one who wants to get a license to use your stuff.
Licensor hopefully you – the person who has the music to license.
Master Rights
The owner of the actual sound recording (master) of the song. Generally, whoever pays for the recording owns the recording. If you have paid for your songs to be recorded in a studio then you will own the rights. If a record label has paid for the recording, then they will own the rights.
Mechanical Rights
The “mechanical” right is the right to reproduce a piece of music onto CDs, DVDs, records or tapes. As opposed to a Non-mechanical reproduction includes such things asmaking sheet music, for which royalties are paid by the publisher to the composer.
Media Rights
This will tell you what types of media will be used in the transmission of the production, such as TV, Internet, Theatrical, or even Corporate.
Most Favored Nations (MFN)
Every song used in a production will be paid the same.
Per-Side
One side is the Master or recording and the other is the publishing. If someone says, and I can offer you $1 per side; you would be receiving $2 for the deal.
Publishing Rights
The person(s) who wrote the composition or lyrics for a song owns the publishing rights.
Rollover
You'll often see this being used when licensing a song in advertising, whereby it allows the advertising agency to pay you a second fee to use the song again (in the same campaign) once the original length of term has expired.
Territory
A term used in agreements that describes the location of where the license covers. It can be as small as a single business, The Stone Pony, to as big as the Universe.
Term
The amount of time something is valid for. You will often see in perpetuity, but with commercials it will often be limited to a year or even just a few weeks. In recording contracts, it could be for a period of years with options to renew.
Is there a word or phrase you have heard that you want to add to this list? Email me at amy@madjammusiclaw.com
