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76 Cards in this Set
- Front
- Back
controlled compositions
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a song written, owned, or controlled by the artist
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recoupment
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the process of keeping the money to recover an advance
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cross collateralization
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adding together all the advances/funds and royalties due across multiple albums
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free goods
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a portion of CDs given to stores in order to entice them to sell album
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secondary market
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when your Artist plays a smaller city, the larger adjacent cities are big pools to sell tickets, get press, meet radio stations, and stores, etc.
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deficit
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the amount of unrecouped monies
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nonreturnable
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when concerning advances, it means that it’s totally the record company’s risk
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bullet
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a dot or a star next to a record’s number on the chart, and it means the record is moving up strongly. the lack of one means it’s weakening or on its way down.
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prospective escalations
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only apply to sales occurring after the level is reached (escalations that have had a cap put on them)
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retroactive escalation
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escalations on prior sales
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all-in
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the artist is responsible, out of his or her royalty, for paying the record producer and mixer
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net rate
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the amount that is the all-in rate minus the amount paid to the producer
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funds
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a set amount of money, which includes both recording costs and any amounts that may be payable to the artist as an advance
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formula
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a mechanism designed to automatically increase (or decrease) your deal if you’re successful (or a flop)
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floor
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this means no matter how lousy the earnings of the previous album, the fund will be no less than an agreed amount.
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ceiling
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means that no matter how wildly successful the prior album, the fund won’t exceed an agreed dollar figure.
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pay-or-play
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the record company has the option either to allow you to “play your music” or to “pay you off.”
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firm
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albums to which the company is committed.
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demo deals
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the record company spends more money for the artist to go into a studio and record demos.
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demo
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short for demonstration recording,” which is less than a full-fledged master but gives the company
some idea of what the artist will sound like on a professional record. |
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development deal
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the same as a demo deal, except the company is spending more money - around $50,000 or so. typically they’ll sometimes record a couple of finished masters. unlike a demo deal, the recording contract is pre-negotiated, so you roll right into it.
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periods
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the segments of the term, such as the initial period (first year), first option period, etc.
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term
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how long the record company keeps you under an exclusive agreement.
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commercially satisfactory
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the record company only has to take recordings it believes will sell; in other words, recordings it finds satisfactory for commercial exploitation.
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technically satisfactory
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as long as a recording is technically well-made, the company has to take it.
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controlled composition clause
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limits how much you get paid as a songwriter.
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greatest hits
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a compilation of songs from an artists prior album, and perhaps one or two new songs.
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live album
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is recorded during a live concert, rather than in a studio
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guaranteed release
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this clause will never obligate the company to release an artist’s records; it will only say that the artist can get out of the deal if they don’t
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producer
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is responsible for bringing the creative product into tangible form, which means (a) being responsible for maximizing the creative process and (b) taking care of all the administration, such as booking studios, hiring musicians, staying within the budget, filing union reports, etc.
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delivery
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the company has to accept the recordings as complying with your deal, and the contract will specify what standards the company can use in deciding whether to accept.
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A&R
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“artists and repertoire,” were executives of record companies whose job was to find, sign, and guide talent, math songs to singers, and run recording sessions.
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retroactive to record one
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once recording costs are recouped, the producer is paid from the first record sold (record one), and this payment is retroactive because the company “goes back” and pays on sales previously made that didn’t bear royalties at the time of sale.
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prospectively after recoupment at the combined rate
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once the recording costs are recouped at the all-in rate, the producers are paid on sales after that point.
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mixers
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take the multitracks and throw them in a blender to produce a mystical potion of sublime music.
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first refusal/last refusal/matching right
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if an artist gets an offer from another company, the artist can’t just accept it. instead, the artist has to go back to the original company and give it a chance to match the new offer.
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override
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the demo funder gets a 1% or 2% royalty on the artist’s records
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pro-rate
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meaning your royalty is in proportion to the number of cuts on the album
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exclusive
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during the term of the agreement, the artist can’t make records for anybody else.
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re-recording restriction
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an artist can’t re-record any song they recorded during the term of a deal for a certain period of time after the term.
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webcasting
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a broadcast over the internet, such as: music played by self-declared DJs, and by regular, over-the-air radio stations, steaming on demand of audio and/or videos on the internet, artists who broadcast their concerts over the internet
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sideman
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non-featured appearances
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compilation
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meaning a program “compiled” from a number of individual video clips, of the same or different artists
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video streaming on deman
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for example, Yahoo!, MSN, and AOL
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dual disc
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a CD on one side and a DVD on the other
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digital mechandise
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the digital use of an artist’s image
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tour support
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monies that record companies give you to make up tour losses
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CHR
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contemporary hit radio
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ratable
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the record company has to pay an equal amount each time they liquidate (pay out)
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audit clause
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which says an artist can audit (meaning send in an accountant to verify) the record company’s books
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wholesale distribution entities
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they buy from the manufacturing company and sell to retail stores
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one-stops
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buy from the major distributors and then sell to “mom and pop” record stores, who buy quantities too small for the majors to bother with. the one-stop buys in bulk, and then sells onesies and twosies to the stores at a markup
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licensees
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someone who signs a “license agreement” with a record company, which allows them to actually manufacture and distribute records, as opposed to merely buying and distributing goods manufactured by the record company
ex. foreign distributors of US recordings record clubs television-advertised packages |
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USNRC (US normal retail channels)
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the royalty rate for these sales is usually defined in record deals as some like the US basic rate
--> falling under the following criteria: a cd sold in the US at full price through normal retail channels by the company’s normal distribution channels |
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R.O.W.
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rest of world
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electronic transmission
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industry term for digital delivery and much, much more
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digital downloads
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a transmission to the consumer that allows the buyer to record music for later use
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tethered downloads
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means the record company doesn’t give you complete control over the download
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untethered downloads
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can be copied, burned, etc.
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streaming-on-demand
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you can call up and listen to any songs in the database, any time you like
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ring tones and ring backs
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songs that play when your cell phone rings. when you call someone and their phone is busy
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polyphonic
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played by a synthesizer (has nothing to do with the artist, only the songwriter gets paid)
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master tone/true tone
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the actual master recording by the artist
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non-interactive webcasting
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means streaming stuff on the internet
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sound exchange
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money collected by an outfit, which pays a portion to the record company, and a portion directly to the artist
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kiosks
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machines that sit in retail stores, inviting you to pick your favorite recordings
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special markets (division)
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whose job is to take existing recording and figure out ways to squeeze money from them
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coupling
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the practice of putting your performances together with those of other artists
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joint recording
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where more than one royalty artist gets together on the same song, such as a duet
box sets - are a collection of three, four, or sometimes more CDs sold in a single package, usually with an expensive booklet, and for a very high price |
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catalog item
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it’s listed in the company’s catalog of available titles, but isn’t being currently promoted
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mid-price
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meaning a reduced price that’s designed to encourage consumers to buy older titles
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budget
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which means the company doesn’t think it can sell the stuff unless it knocks the price way down
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cutouts/deletes
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are records that have been taken out of the company’s catalog
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record clubs
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are mail-order “clubs” that you join by agreeing to buy a certain number of records
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premiums
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which means (records/singles) are sold in conjunction with a product or service, typically at a very low price
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DART
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(digital audio recorders and tapes)
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