Music Industry Glossary

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

360 Deals
Also referred to as "multiple rights deals", 360 deals are exclusive recording artist contracts that allow a record label to receive a percentage of the earnings from ALL of a band's activities instead of just album sales. Under this type of contract , a record label is entitled to a percentage of multiple revenue streams, most of which were previously off limits in a recording contract, such as live concert fees, merchandise sales, endorsement deals, book and movie deals, ringtones, private copying levy royalties, etc., as well as the music publishing rights and revenues of the Artist/Composer(s).

Adaptation
A new version of a song that is inspired by an original work -- whether by different interpretation or instrumentation.

Administration
The practice and process of business functions relating to a catalogue of works or individual works (i.e. registering works with SOCAN, copyright registrations, issuing of all types licences – either directly or via a collective society or agent o/b/o the copyright owner), collection and distribution of fees and royalties, and all other responsibilities that relate to the use of a musical work and/or sound recording.

A Fof M
American Federation of Musicians – commonly referred to as the “Musician’s Union”.

Agent/Agency
Music agents, otherwise known as booking agents, are the people who help make the live music happen. A good agent with well-placed connections can help get a band in front of the right audience to increase their profile. Agents work closely with promoters and record labels to get the bands on their books the proper exposure. Music agents also negotiate with promoters and venues for performance contracts and arrangements for things like backline and accommodation.

Aggregator
A company that collects and organizes music; normally an online music distributor (i.e. CDBaby, Tunecore, IODA, The Orchard, etc.)

Arrangement (1)
The preparation and adaptation of an already written musical composition for presentation in other than its original formThe detailed instructions for how instruments, sounds and voices are to be used. The arrangement dictates what is played, when it is played and how it is played (usually via written music charts or other direction).

Arrangement (2)
A new and distinctly unique version of a Public Domain musical work (song or composition). A new arrangement of a PD work can be granted a copyright. Usually the share granted by SOCAN for this new version is 25% although larger shares can be granted depending on certain criteria.

Arranger
A person who writes musical arrangements – both (1) & (2).

ASCAP
American Society of Composers, Authors and Publishers is a performing rights organization (see definition below) in the US.

Audit (audit clause)
An audit is the process of reviewing and analyzing financial records from record labels and music publishers. Audits are undertaken on behalf of the contracted recording artist and/or composer. An audit clause is a term in an agreement or other legal document that authorizes one party to audit another.

Author
A creator of an artistic, literary, musical or dramatic work.

Authorized Representative
An Authorized Representative is a person who is legally entitled to do business with SOCAN on behalf of a member. This may include family members who contact SOCAN for quarterly earnings and administrators who work on behalf of the member. Although most SOCAN members conduct their business with SOCAN directly, there are many members who employ others to work on their behalf: accountants, managers, lawyers, etc. These third parties may be given permission by the member to contact SOCAN and receive personal/confidential information.

AVLA
Audio Video Licensing Agency. is a non-exclusive agency that provides licences on behalf of record companies and producers for the purpose of broadcasting or duplicating audio and video recordings in Canada. AVLA’s members are the owners or controllers in copyright of sound recordings and music videos.

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BDS (Broadcast Data Systems)
A service that tracks monitored radio, television and internet airplay of songs based on number of spins and detections. BDS captures in excess of 100 million song performances occurring on more than 2,000 radio, satellite radio, network radio, and music video channels across North America.

Berne Convention for the Protection of Literary and Artistic Works
An international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886. Under the agreement, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works during the life of the copyright. The Convention requires that foreign authors be given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention.

Big Champagne
A technology-driven media measurement company.

Bit Torrent
A peer-to-peer file sharing (P2P) communications protocol.

Black Box Income
In the music industry context, this term refers to royalty income, usually mechanical royalty income from foreign territories that has not yet been collected by the Publisher, or royalties that cannot be attributed to specific works or copyright owners. This income may come from the result of audits, adjustments or international sources.

Blog
Blog is short for “web log” and usually refers to a website with an on-line personal journal or diary type commentary on events and opinions within a specific area of popular culture. There are various types and styles of blogs such as personal, corporate or organizational. Blogs can also be media specific. Persons who have a blog are referred to as “bloggers” and they often update their blogs daily. In terms of music culture and success, blogs can play a significant role in garnering exposure for a band or artist.

BMI
Broadcast Music, Inc. is a performing rights organization in the US.

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Catalogue #
An identification number assigned to a work registered with SOCAN, or to a songwriter’s repertoire of works.

Census
An analysis of ALL music used by a licensee during a specific reporting period.

CIMA
The Canadian Independent Music Association is a trade organization representing the independent sector of the Canadian music and sound recording industry. It is the collective voice of independent music in English-speaking Canada.

CIPO
The Canadian Intellectual Property Office is associated with Industry Canada and is responsible for the administration and processing of the greater part of intellectual property in Canada.

CISAC
Confédération Internationale des Sociétés d’Auteurs et Compositeurs (International Confederation of Societies of Authors and Composers). CISAC is a non-governmental, non-profit organization based in Paris, France, whose mandate is to increase recognition and protection of creators’ rights internationally.

CMRRA
The Canadian Musical Reproduction Rights Agency Ltd. is a non-profit music licensing agency, which issues licences to users for the reproduction of certain copyrighted music. These licences authorize the reproduction of music in CDs and cassettes (mechanical licensing) and in films, television programs and other audio-visual productions (synchronization licensing).

CMPA
The Canadian Music Publishers Association represents music publishers working in Canada and ensures its members’ views are heard. CMPA promotes the interests of music publishers and songwriting partners through advocacy, communication and education.

Collapsed Copyright
A term used to signify that the creator owns and controls their own copyrights in both their musical works and master sound recordings

Collective Society
Canada’s Copyright Act employs the term "collective society" to describe organizations engaged in the collective administration of copyright under the Act. These organizations are not restricted to music copyright and extend to other forms of creative property, such as books and television. Examples of collective societies that deal with music copyright in Canada include; SOCAN, CMRRA, SODRAC and Re: Sound.

Composer
A creator of music and melody.

Controlled Composition
A clause in many North American recording contracts in which the recording artist – as a songwriter - agrees to a reduced mechanical royalty rate (usually 75% of the current rate), if the songs on an album are composed by the artist themselves.

Co-Publishing Agreement
A type of publishing agreement whereby two or more publishers will share in the ownership of a copyright for a specific work or body of works Typically, one publisher will have full administration rights. This type of publishing agreement often applies in cases where the composer is a recording artist or producer.

Copyright
Exclusive rights to a work, including the sole right to publish, produce, reproduce, translate, communicate to the public by telecommunication and, in some cases, rent a work. It also includes the right to perform a work in public, and under certain conditions, to exhibit in public an artistic work.

Copyright Board of Canada
A federal Canadian tribunal located in Ottawa, Ontario whose mandate includes approving tariffs proposed in Canada by copyright collectives, in accordance with the Copyright Act.

Copyright Registration
A record stating the creation date of a work and its content, so that in the event of infringement or plagiarism, the copyright owner can produce a copy of the work from an official source.

Copyrighted Works Created in the Course of Employment: (Canada)
A concept that normally holds that unless there is an agreement to the contrary, all copyrighted works created by an employee while working are owned by the employer. In Canada, however, moral rights are retained by the author of the musical work.

Creative Commons
This term refers to both an organization and a set of licences. The Creative Commons organization is a non-profit organization headquartered in the US devoted to expanding the range of creative works available for others to build upon legally and to share. Creative Commons license are those licences issued by the Creative Commons, which depending on which version is used, removes some of the restrictions of normal copyright protection (i.e. some rights reserved).

With a Creative Commons license, the creator and/or copyright owner may still keep their copyright but may also allow people to copy and distribute their work provided they give proper credit (attribution) — and only on the conditions specified in the particular version of the licence being used.

Some Creative Commons licences allow the public performance of a sound recording and musical work but only for non-commercial purposes. However, a copyright owner may already have pre-assigned these rights (for example, a composer who has an exclusive assignment with a Performing Rights Organization like SOCAN), in which case these rights would be reserved and not granted under a creative commons licence.

Cross Collateralization
A clause in recording and publishing agreements allowing the recording or publishing company to recoup outstanding advance balances from one album release with revenues from the next forthcoming release(s) and/or in the case of a multiple rights deal (i.e., a 360 deal) from various sources such as music publishing royalties, concert fees, merchandise sales, etc.

Cue
Music used in the context of a television or film production.

Cue Sheet
A document that itemizes music used in a television or film production by title, composer, publisher, duration and type of music usage (e.g., background, feature, and theme). The cue sheet is normally prepared by the producer of the television or film production.

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DAI – Digital Audio Identification
The use of pattern recognition, or “fingerprinting”, to identify musical works aired on radio, by attempting to match them against a BDS library of known works.

Derivative Work
Commonly a US copyright term, it is a new work derived from one or more pre-existing works, such as a remix of a song, acoustic version, or a song based on a poem, etc. For derivative works, the original copyright holders may have a claim in the new version even if they are not the creators of the derivative work.

A copyright owner reserves the right to authorize a “derivative work” based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, a remix, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

Digital Download
The process of transferring a digital file from one computer to another. For music, MP3 is the most popular format, although one may now have the option of buying high quality FLAC lossless files.

Disintermediation
The elimination of intermediaries in the supply chain, which is also referred to as "cutting out the middleman”.

In the music business, mostly due to the opportunities and low cost associated with using the Internet to market, sell and distribute music to an artists’ fans directly, this term refers to “creator to consumer” – without the aid of, cost of, a traditional third-party “middleperson” i.e. a record label.

DIY
Do It Yourself

DRM (Digital Rights Management)
DRM technologies attempt to control the use of digital media by preventing access, copying or conversion to other formats by consumers and their peers. In terms of music, DRM technologies are used in cases where the copyright owner chooses to control the ways in which content (in a recording, for instance) is used or misused. This usually is an attempt to stop illegal copying, “ripping” or file sharing.

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FACTOR
FACTOR, The Foundation Assisting Canadian Talent on Recordings, was founded in 1982 by CHUM Limited, Moffat Communications and Rogers Broadcasting Limited, in conjunction with the Canadian Independent Record Producers Association (CIRPA, now known as CIMA) and the Canadian Music Publishers Association (CMPA). As a private non-profit organization, FACTOR is dedicated to providing assistance toward the growth and development of the Canadian independent recording industry. Support is provided to Canadian recording artists, songwriters, managers, labels and distributors through various programs which all aid in the development of the industry.

Fair Dealing
Fair dealing is a set of possible defences against an action for infringement of an exclusive right of copyright. The Canadian concept of fair dealing is similar to that in the UK and Australia. The fair dealing clauses of the Canadian Copyright Act allow users to make single copies of portions of works for "research and private study." Unlike the fair use doctrine of US copyright law, Canada's fair dealing is not seen as an infringement of copyright. It is important to note, however; that unlike the fair use doctrine, fair dealing in Canada does not yet include exceptions for parody and satire.

Fair Use
A doctrine in US copyright law allowing limited use of copyrighted material without requiring permission from copyright owners for such uses as commentary, criticism, news reporting, research, teaching or scholarship. A similar principle, Fair Dealing (see definition above), exists in some other common law jurisdictions such as Canada.

FLAC – Free Lossless Audio Codec
A file format for audio data compression that does not remove information from the audio stream, as MP3, AAC and Vorbis.

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Grand Right
The legal rightsnecessary to stage an opera, play with music, or a work of musical theater.

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Harry Fox Agency
The Harry Fox Agency (HFA) is an organization that represents music publishers for mechanical and digital licensing in the US. It issues licences and collects and distributes royalties on behalf of its affiliated publishers. This includes licensing for the recording and reproduction of CDs, ringtones and Internet downloads. HFA does not issue synchronization (or synch) licences for the use of music in advertising, movies, music videos and television programs after 2002. HFA also conducts royalty examinations, investigates and negotiates new business opportunities, and pursues piracy claims.

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Indie (Independent)
Normally refers to a band or performer not affiliated with or owned by a major label.
Intellectual Property
A form of creative endeavor that can be protected through a copyright, trademark, patent, industrial design or integrated circuit topography.

Interpolated Work
A song that is not written expressly for an audio-visual production but is taken from an outside source (e.g., recording) and used within that production.

IPI #
Interested Parties Information is an international, CISAC classification system that identifies a musical work and its shareholders, using a unique number.

ISRC
International Standard Recording Code. This is an international identification system for sound recordings and music videos. Each ISRC is a unique and permanent identifier for a specific recording that can be permanently encoded into a product as its digital “fingerprint”. Encoded ISRCs provide the basic means to automatically identify recordings for royalty payments.

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Library of Congress (part of Copyright Registration)
A federal cultural institution in the US. Located in Washington D.C., it receives copies of every book, print, and piece of music registered in the country.

License
To issue a licence for the use of a copyrighted work.

Licence
A legal agreement granting someone permission to use a work for certain purposes or under certain conditions. A licence does not change the ownership of the copyright.

Licence Fee
RE: SOCAN – Fees that are charged for the licensed use of a copyright-protected work
Re: other uses - a fee (can be a negotiated one-time, buy-out or variations) for the specific use of a copyrighted work as outlined in the Licence agreement between the copyright owner (or representative) and the user.

The Long Tail
A concept popularized by Wired magazine editor Chris Anderson in October 2004, it attempts to describe the strategy of selling large numbers of unique items in relatively small quantities (i.e. niche marketing). Anderson refers to this as the "tail", in addition to selling fewer popular items in large quantities, which he refers to as the "head" (i.e. blockbuster).

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MARIE #
Number that identifies a work in SOCAN’s MARIE database.

Mash-up
A mash-up is a song or composition created by blending or mixing two or more songs together, normally resulting in the layering of the vocal track of one song seamlessly over the music track of another. In the end, a mash-up is a “new” work consisting entirely of the combination of other works. Commonly this is two different works layered over one another to draw comparison of similar styles and sounds in both works.Master (sound recording)
The final mixed and mastered recording. The source from which copies are made.

Master Use Licence
A licence to make reproductions of master recordings.

Mechanical Rights

 

A. Broadcast Mechanical
When a song or musical composition is played on television, excluding live performances, two distinct rights are normally involved: the performing right and the mechanical right. The Supreme Court of Canada has ruled that the right to broadcast a performance does not include the right to make a recording of the performance, so there are therefore two distinct rights. Broadcast mechanical rights are technically mechanical rights.

B. Mechanical Licence
A mechanical licence is an agreement between the user and the publisher of the music which the user intends to reproduce in Canada. The licence is normally very specific, limited to a particular composition, as manufactured (or imported) by the user on a particular product. The licence also normally specifies the catalogue number of the product, playing time and performer. Note that licences are not issued per album but rather on a work-by-work basis. If your release contains 10 songs or other works, you must obtain permission for each one. These licences are issued by the CMRRA and SODRAC on behalf of music publishers in Canada.

C. Mechanical Royalty
Mechanical royalties are amounts paid to a songwriter or composer for the reproduction of a work. For instance, when a record label presses a CD of your song, you are due a mechanical royalty. The ways of dealing with mechanical royalties differ from country to country, and there can be many side deals between bands, labels, and publishers as to royalty rate and how it will be paid. If you have a publishing deal, your publisher will likely receive a percentage of your mechanical royalties before paying them out to you.

Modified Blanket License (MBL)
A form of television licensing imposed upon SOCAN that allows television stations subject to a blanket license the option to pursue direct licenses with copyright owners for specific television programs.

Moral Rights
Rights an author retains over the integrity of a work and the right to be named as its author even after sale or transfer of the copyright. As the primary owners, creators of musical or other works may transfer their economic interest in these works to third parties (e.g., to another individual or company). However, creators may not transfer or assign their moral rights – although they may choose not to exercise them

Most Favoured Nations (MFN)
In the context of music industry agreements, an MFN clause provides that an amount, a definition, or another aspect of a contractual relationship (such as licence or royalty fees) will be computed or defined in at least as favourable a manner as the computation or definition given to one or more third parties.

Music Canada
Music Canada is a non-profit trade organization that represents the major record labels in Canada, namely EMI Music Canada, Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. Music Canada also provides certain membership benefits to some of the leading independent record labels and distributors. Its members are engaged in all aspects of the recording industry, including the manufacture, production, promotion and distribution of music.

Music Publisher
A music publisher is responsible for ensuring that songwriters and composers receive payment when their compositions are commercially used. Through an agreement called a publishing agreement (see below), a songwriter or composer "assigns" the copyright of their composition to a publishing company. In return, the company licenses compositions, helps monitor where compositions are used, collects royalties and distributes them to the composers. The publishing company normally takes a percentage of income derived from the exploitation of the copyrights.

Music Supervisor
A music supervisor is the person in charge of placing music in films, TV shows, advertising and video games. Clients approach music supervisors with an idea of what kind of music they need for their project (or sometimes even specific ideas of songs they want), and the music supervisor then finds the appropriate music and acts as a liaison between clients and the rights holders of the music. They work to arrange the appropriate licensing for the songs, and work to negotiate licensing deals that come in on budget for their clients.

Musical Work
Any work of music or musical composition, with or without words.

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Neighbouring Right
In Canada, neighbouring rights are known as the rights that performers (e.g. musicians) and makers (e.g. record companies) have in the performance of their sound recordings. It’s called a neighbouring right because it is similar to but not exactly like a copyright. By comparison, the rights that SOCAN administers are known as copyrights, and they include the performance rights that songwriters, composers, authors and music publishers have in their works (not just the performance of sound recordings).

NLMP
A Notification of Live Music Performance is a declaration to SOCAN madeby publishers or the authors-composers themselves. This declaration provides SOCAN with the information it needs to collect licence fees and distribute royalties for a live concert performance.

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Orphan Works
Works under copyright for which the owner(s) cannot be identified or located (i.e. because the record company or music publisher has gone out of business).

Override
A royalty paid to producers of sound recordings based on the sales of recordings. It is normally a negotiated percentage (usually 1 to 3 points) which is paid by the record label to the producer, either in addition to the Artist's royalty or taken from the Artist's royalty points. In some cases, other parties besides the Producer (i.e. an Investor), may receive a similar royalty.

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P2P (Peer to Peer)
A sharing and delivery of user-specified files among groups of people who are logged onto a file- sharing network. Peer-to-peer (P2P) networking eliminates the need for central servers, allowing all computers to communicate and share resources as equals. Music file sharing, instant messaging and other popular network applications rely on P2P technology.

Performing / Communication Right
One of the rights in the “bundle of rights” (see Small Rights) that comprises the copyright in a musical work. Specifically, this relates to the public performance of copyrighted musical works (broadcast, live performance) and the communication by telecommunication of musical works (cable TV transmissions, Internet, mobile, satellite, etc.).

Performing Rights Organization (PRO)
An organization that administers the performing rights associated with a musical work, on behalf of composers, lyricists, songwriters and music publishers.

Perpetuity
In the music industry, this term usually means payments with no definitive end.

Posthumous work
A work which is published for the first time (or, for certain types of works, performed or delivered in public for the first time) after the author’s death.

Private Copying
Copying for personal use, a pre-recorded musical work or a performers’ performances of a musical work onto a blank medium, such as an audio tape, cassette, or CD-R.

Public Domain (PD)
Works are in the public domain if they are not covered by intellectual property rights at all, if the intellectual property rights have expired and/or if the intellectual property rights are forfeited. In Canada, the life of copyright is normally the lifespan of the author-composer plus 50 years following his/her death. After this time, the work enters the public domain if not owned or controlled by anyone.

Publishing Agreement
A legal contract between a composer/lyricist (author)/songwriter and a publisher.

Publishing Administrator
A third-party publisher that – for a fixed term –controls all licensing and the collection of publishing revenue streams on behalf of a composer or copyright owner.

Publisher Share
The share of revenues granted to the music publisher via a publishing contract – depending on the type of publishing agreement (i.e. songwriter, co-publishing, sub-publishing, administration. Normally, the publisher’s share can never exceed 50%.

Depending on the type of publishing agreement, a publisher may acquire an “ownership share” in the copyrights for a period of time, including in perpetuity – this being the traditional and most common basis of an agreement. However, the ownership share and the collection share may differ, as in a typical co-publishing agreement.

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Reciprocal Agreements
A reciprocal agreement is a two-way agreement whereby the obligations assumed and imposed by two parties are mutual and conditional upon one party assuming the same obligations as the other.SOCAN has reciprocal agreements with over 100 different performing rights organizations (PROs) around the world. These agreements obligate foreign societies to administer your repertoire in their territories and send all royalties earned for the use of your repertoire in those territories to SOCAN. SOCAN then pays the monies to you. In return, we do the same for them (and their members) for uses of their repertoires in Canada.

Recoup/Recoupment
Record companies make monetary advances to artists to fund the production and marketing costs of producing a recording, and for concert tours. The record companies then “recoup” these funds from the proceeds of record salesRecoupment is a common practice in the music industry of claiming an advance provided to an artist back from that artist.

Re: Sound
Re:Sound is the Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights (see Neighbouring Rights, above). Re:Sound licenses recorded music for public performance, broadcast and new media in accordance with the neighbouring rights provisions of the Copyright Act. The licence fees it collects are distributed to its member organizations, who in turn distribute these amounts to their individual members. Its member organizations are: AFM, ACTRA PRS, ArtistI, AVLA and SOPROQArtists and record companies are free to choose the Re: Sound member organization that will represent them for the distribution of these royalties.

Reproduction Right
Under the Copyright Act, the reproduction right gives the copyright owner the exclusive right to authorize the reproduction of music (usually called “mechanical licensing”) and in films, TV programs and other audio-visual productions (“synchronization licensing”).

RIAA
Recording Industry Association of America. The US based trade group for the recording industry.

Rights Management
The comprehensive, overall administration of copyrights owned by an individual or company, and the resulting revenue streams that deal with copyrighted musical works and/or sound recordings. This may also include the management of rights for other revenue- generating intellectual property, such as logos, names, images and likenesses.

Ringtone/Ringback
A ringtone is the sound (or sounds) that a cellular telephone plays to warn the subscriber that there is an incoming call. A ringback is the sound (or sounds) that a cellular telephone plays to let the listener know that an outgoing call is being made. More often than not, ringtones and ringbacks are excerpts of a musical work.

Royalty
A sum paid to copyright owners for the sale or use of their musical works or other subject matter.

Royalty Participation Agreement
A contract between a copyright owner (i.e. a composer) and a third party (i.e. an investor, producer or non-writing band member). In these contracts, normally the copyright owner agrees to share a percentage of specified royalty streams for a specific period of time under certain terms with others who may have contributed to the success of the copyright, even though these others did create the work(s). The parties have no ownership share in the copyright of the work(s) in question. The royalty payable under these contracts are commonly referred to as the “Loyalty Royalty”.

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Sample (1)
The random sample method of logging the communication and public performances of a musical work (i.e.radio performance logs used by PROs).

Sample (2)
As in “sampling a record”. A creative appropriation of a section, piece or element of a copyrighted sound recording and the underlying musical composition. In most cases, the "sample" must be cleared with the copyright owners (i.e.: record label and music publisher), to avoid future infringement claims.

SESAC
Society of European Stage Authors & Composers (but known now just as SESAC) is a performing rights organization in the US.

Shareholder
In the context of music creators, an author, composer, arranger or publisher that owns a percentage of a work.

Small Rights
This refers to the bundle of rights in a musical work comprising performance, communication and reproduction rights (mechanical, synchronization and print). The term ‘small rights’ normally refers to performing rights that are not grand rights.

Social Networking Sites (Facebook, MySpace)
Social networking websites focus on building and reflecting social networks or social relations among people, such as those who share interests and/or activities. A social network site normally consists of a user profile, his orher social links, and a variety of additional services used to communicate with other users of the service. Most social network services are web based and provide means for users to interactusing e-mail and instant messaging. Although online community services are sometimes considered social network services in a broader sense, social networking sites are usually an individual-centered service, whereas online community services are usually a group-centered service. Social networking sites allow users to share ideas, activities, events and interests within their individual networks.

Sound Exchange
The US organization, affiliated with the RIAA, which licenses and collects royalties for some digital performances of sound recordings (i.e. on web radio or websites with music).

www.soundexchange.com

Sound Recording
In essence, a sound recording is the“sound carrier” – a generic term used for any technology (media) that allows recording to be stored.

Streaming
Streaming is the act of sending and receiving content in a compressed form over the Internet. With streaming video or streaming media, a Web user does not have to wait to download a file to play it. Instead, the media is sent in a continuous stream of data and is played as it arrives. The user needs a player, which is a special program that decompresses and sends video data to the display and audio data to speakers. A player can be either an integral part of a browser or downloaded from the software maker's Web site.

Sub-Publishing Agreement
A foreign publisher that represents the entire catalogue or individual copyrights of another publisher (the “original publisher”) in another country. Sub-publishers generally do not have any ownership share and for the most part focus on administration, although creative exploitation may also be undertaken by foreign sub-publishers.

Synchronization (“Sync”) Right
The sync right is the right to authorize the recording of a musical work onto the soundtrack of an audio/visual work (film, television program, music video, video game, commercial). A synchronization licence is needed for a song to be reproduced and songwriters and publishers receive royalties for sync rights.

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Tariff
A statutory instrument published in the Canada Gazette which gives notice of the rates approved by the Copyright Board that SOCAN collects for licences for the public performance of the musical works in its repertoire.

Trademark
A trademark is a distinctive sign or symbol used by an individual, business organization or legal entity to identify a work, a product or a service, in order to distinguish itself from other entities. A trademark is a type of intellectual property and typically a name, word, phrase, logo, symbol, design or image.

Transformative Use
This refers to the fair use defence (in the US, not Canada); particularly in judicial decisions relating to parody and satire. Transformative use is cited as a reason which exempts uses “for the purposes of caricature, parody or pastiche”. Although these uses are not defined, they allow users to reuse elements of previous works for their own creative or transformative purpose.

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UNI (Unidentified Work)
A work in SOCAN’s database for which we have no shareholder information.

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Viral marketing
Viral marketing describes strategies that encourage individuals to pass on a marketing message to others, creating the potential for exponential growth in the message's exposure and influence. Like viruses, such strategies take advantage of rapid multiplication to explode the message to thousands, or to millions. The goal of successful viral- marketing programs is to identify individuals with high social networking potential (SNP) and create viral messages that appeal to this segment of the population and have a high probability of being taken by another competitor. Viral marketing has been referred to as "word-of-mouth," "creating a buzz," "leveraging the media" and "network marketing."

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Web 2.0
This term is commonly associated with web applications that facilitate interactive information sharing, interoperability and user-centered features. Examples of Web 2.0 applications include web-based communities and applications, hosted services, social-networking sites, video-sharing sites, wikis, blogs and mashup sites. A Web 2.0 website allows its users to interact with other users or to change website content, in contrast to non-interactive websites where users are limited to the passive viewing of information that is provided to them.

Webcast
A webcast is a media file distributed over the Internet using streaming media technology to distribute an audioor video message to many simultaneous listeners/viewers. A webcast may either be distributed live or on demand. Essentially, webcasting is “broadcasting” over the Internet.

Widget
A widget is a stand-alone application that can be embedded into third-party sites by any user on a page where the user has rights of authorship (e.g. a webpage, blog, or profile on a social-media site). Widgets allow users to turn personal content into dynamic web apps that can be shared on just about any website. Widgets may be viewed as downloadable applications that look and act like traditional apps but are implemented using web technologies, including JavaScript, Flash, HTML and CSS.

Work (see Musical Work)

Work Registration Form
Declaration of a musical work, including the title, duration and shareholder information such as percentages related to its creators (writer, composer) and to the publisher.

Work for Hire (US)
A work for hire is an exception to the general rule that the person who creates a work is the legally recognized author of that work. Under US copyright law and in some other jurisdictions, if a work is "made for hire", the employer, not the employee is considered the legal author.

Writer Share
The percentage of ownership in a work attributable to the author and/or composer.

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