Film Music Terms Dictionary

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Film Music Magazine Dictionary of Film Music and Music Licensing Terms Important Notes for Readers: • This guide contains terms commonly used in the production and licensing of music for film and television. The definitions are intended to be brief and concise, however you may want to consult industry reference books for more in-depth discussion and definition of these terms and subjects. • Where appropriate, the area of the industry where a term is commonly used is included with the definition. These areas include composing, music editing, music supervision and music licensing. The same term may have different meanings in different parts of the industry, so the context, area or subject that a term is being used in may be key to understanding the most appropriate definition and usage for a term. • This guide is not intended to provide any sort of legal reference, opinion or advice, and is no substitute for the services of an experienced music attorney. • The publisher’s best efforts have been made to compile complete and accurate information for this guide as of September, 2010. Even though these efforts were undertaken to ensure its accuracy, neither the publisher, nor its members or employees, will be responsible for errors or omissions in this guide. • We welcome any suggestions for additions or changes to this guide. Our support department can be reached online via email and live chat at http://www.globalmediasupport.com or by telephone at 1-888-910-7888 ext. 1 We hope this guide is helpful and beneficial to you and your projects.

________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 2 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Film Music Magazine Dictionary of Common Film Music and Music Licensing Terms 2-Pop - a click, blip, or other very short and sudden audio tone recorded exactly 2 seconds before the intended start of a musical work on a DAT tape or other format where timecode is not able to be recorded. The start of the musical work is exactly 2 seconds after the 2-pop appears, and the recording beginning at that location, even if silent at that moment, can be positioned with reasonable accuracy at the proper timecode location using a nonlinear recording technology such as Pro-Tools A Capella - Stand-alone vocals from an individual singer or a choir that are not accompanied by any instruments or background recording Address Track - refers to a track on magnetic recording tape where SMPTE timecode or other indexing information is recorded Administrative Publishing - an arrangement where a separate music publisher is contractually responsible for the publishing duties and rights, which can include promotion, registration, royalty collection and payment, and other publishing tasks, however the ownership of the music remains with the original publisher. ADR (Automated Dialogue Replacement) - re-recording of dialogue spoken by actors or others after their initial performance. These replacement dialogue recordings are used in circumstances where the original dialogue recording (also known as “production sound”) was of insufficient Advance - money paid in advance of it actually being earned. Advances generally are one of two types: Recoupable, meaning that the advance is essentially a loan to be paid by from a future flow of income and where the recipient is ultimately responsible for repayment of the advance, and Non-Recoupable, meaning that while the advance may be repaid from a future flow of income, the recipient is not responsible for repayment of the total amount of the advance. Advances are most often used in circumstances where a writer, artist, composer, publisher, or other party will earn future royalties but is paid an up-front payment in advance of those royalties being earned. AFM (American Federation of Musicians) (also known as the Musicians Union) — In the United States, this is the national Musicians Union. They have contract agreements with film and television production companies which cover the performance of their musician, orchestrator, conductor, and copyist members on recording sessions for film and television scores. The AFM also oversees contracts for musicians working in live performances, album recording, demo recording, and radio and television jingles and commercials. Agent - a professional representative who represents another person for the purposes of seeking work, negotiating contracts, and handling other financial and logistical tasks


AIFF (or AIF) - an uncompressed, professional high-quality digital audio format, often used as the default pro digital audio format by some Macintosh software programs All-In - in music licensing, a term that is used to include all possible media. Typically specified as all current media and any new or media developed in the future. The term can also include a clause for the life of copyright, also known as “in perpetuity”. All Media (Broad Rights)- this term is used in music licensing to indicate all media including All Television (see below), festival and theatrical rights, and other types of media. Generally does not include soundtrack album rights or out-of-context advertising. All Television - all forms of television including Pay/Subscription TV, Free TV, Basic Cable TV, PayPer-View TV, Video On Demand and other video services delivered through televisions or similar devices.a A&R (Artists & Repertoire) - a department, usually in a publishing company or record label, that seeks out new artists or songwriters and negotiates deals with them on behalf of their publishing or record label employer. ASCAP — ASCAP stands for the American Society of Composers, Arrangers, and Publishers, and is a performing rights organization headquartered in the United States which administers the performing rights of its publisher, songwriter and composer members. ASCAP collects performance royalties from various sources including radio and television stations and networks, nightclubs, and live performances such as concerts. These royalties are distributed to its members based on where and how often their compositions are performed. Performing rights royalties are made up of two equal amounts called Writer Royalties and Publishing Royalties. Arranger — An arranger works with existing musical material and creates a custom version for a specific kind or size of musical group. For example, an arranger might be asked to take a piece of film music originally written for a large orchestra and create a version for a smaller musical group. Arrangers can also create versions of music in different styles, like arranging traditional music for a contemporary music group such as a big band or rock group. Assignment - term used when ownership of copyright is transferred from one party to another for a specified period of time. This “temporary” ownership is often subject to limitations specified in a written agreement that governs the transfer and subsequent return of copyright to the original owner. Assumption Agreement (U.S.) — An agreement that a production company must sign with the AFM (Musicians Union) in order to use the services of union members on a film or television music recording session. The agreement covers various issues including who is responsible for paying potential future payments to the musicians based on any new uses of the music. The agreement also specifies any special payments to the musicians that may be required in the future based on the commercial success of the film. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 4 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

At-Source - A term used in the payment of music royalties and other international income from music to indicate the amount paid by the original source of the income, before any intermediaries subtract fees or commissions from the amount. Back-End - generally used in reference to income generated or received after a production has been released. Performance royalties generated from broadcasts of a production are sometimes referred to as “back-end royalties” and additional “back end” payments can be included in various contracts for services with those payments becoming based on or triggered by events such as receipt of income from a distribution deal or achieving specified box office receipts figures. Baby Band - term for a new or developing band, does not necessarily indicate that the band is made up of younger musicians. Basic Cable - television channels that are available in the basic “package” from a cable or satellite television company. This typically includes all channels except for channels requiring an additional fee to be paid by the customer for the specific channel, such as premium movie channels, premium sports channels, and other channels that charge a specific fee for reception. Bed - a basic music track designed to be non-distracting and without overt dramatic content. (Example: a radio is playing in a scene) Billing Block - the section of an advertisement for a film or television show where the credits for the director, producer, key actors and others are included. The credits are often run together into a block of text located in the center or bottom of the advertisement. Blanket License (performing rights) - an annual license negotiated between a music user, typically a broadcaster or someone who publicly performs music, and a public performance collective. A blanket license typically allows unlimited use of all music in the society’s catalog in exchange for a fixed annual fee. Blanket License (music library) - a license negotiated between a music user and a music library allowing use of any of the music in the library’s catalog in exchange for a fixed fee. BMI — BMI stands for Broadcast Music Incorporated and is a performing rights organization headquartered in the United States which administers the performing rights of its publisher, songwriter and composer members. BMI collects performance royalties from various sources including radio and television stations and networks, nightclubs, and live performances. These royalties are distributed to its members based on how often their compositions are performed. As with other performing rights organizations, BMI performing rights royalties are made up of two equal amounts called Writer Royalties and Publishing Royalties. Box Office (Box Office Gross) - total ticket sales for a production


Bumper – a short music cue usually used at the beginning and ending of a segment of a program, or used as a musical transition between segments of a program Buyout - refers to a type of deal or agreement where a single lump sum is paid at the time of the agreement in lieu of some or all future residual payments or royalties for a specific music right. A buyout is typically done for a specific right, such as a performer’s right covering a musician at a recording session, but can also be used more generically to refer to the purchase of a right, such “a buyout of the copyright.” Cartage - term used in American Federation of Musicians contracts and scales to refer to additional fees payable to certain musicians for the transportation of larger instruments such as keyboards, large percussion instruments such as timpani, and other large instruments. Certificate of Authorship (C of A) - A legal declaration by a composer or songwriter that the music he has written is wholly original and not based on any other work. The certificate of authorship can be included in a composer or songwriter agreement or exist as a separate independent document, and optionally may include language confirming that the composer or songwriter has written the music under “work for hire” terms where the copyright in the music is owned by the employer. Clearance - the process of obtaining permission and licenses from all applicable license holder(s) in a musical work in order to incorporate that musical work in another medium, such as in a television production, film or video game. Click (Click Track) - Click is an audible metronome signal that the conductor and musicians hear through their headphones during recording. Click helps the conductor and musicians perform music at exactly the right tempo so that it will synchronize with the picture as the composer intended. Composers will either indicate a constant or varying click speed for each piece of music that is written. If the microphones inadvertently pick up this sound coming from the headphones during recording, the problem is called click bleed. Clicks that are played for musicians before the cue starts in order to establish the tempo of the cue are called free clicks. Composer (Score Composer) - the author of an original musical work, generally an instrumental work. Compulsory Mechanical Rule - after a musical work has been recorded and distributed, the music copyright owner cannot deny the right to others to re-record or “cover” the musical work. The party recording the new version must pay a license fee to the original copyright owner, and these fees are generally administered on behalf of music copyright owners (publishers) by the Harry Fox Agency. Conductor — The person who directs the musicians (usually from a podium) as they perform a piece of music. The conductor is often the person who composed or orchestrated the music. The conductor is often the only person in the recording room who can hear the comments of the people in the booth (control room) at a recording session. The Conductor listens to the comments and requests of the people in the control room and translates them into musical directions for the musicians. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 6 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Contractor — A contractor works with the composer for a film or television project to hire the musicians who will play on the recording sessions. The contractor also interfaces with the AFM (Musicians Union) when appropriate to ensure that the proper paperwork and forms are completed and filed for union recording sessions. A good contractor also knows how to hire skilled, professional musicians, how to work with the musicians to ensure that the composer’s needs are met, and knows how to hire musicians who work well together. Copyist (or Music Preparation) — A copyist performs services known as Music Preparation. These services include taking the printed scores prepared by the composer or orchestrator, which have separate lines for each instrument in the group to be recorded, and preparing individual parts (printed music sheets) for each musician. The copyist is responsible for making sure that the parts for the musicians are readable and contain exactly what is indicated in the printed score. Copyists often attend the recording sessions to make sure the parts are correctly distributed to the musicians and to make any last-minute changes to the score and parts that may be necessary before or during the recording session. Copyright – the legal framework that establishes the owner of a piece of music or a sound recording. Includes exclusive rights specified by federal law for a limited time period. Co-Publishing - an arrangement between 2 or more companies or individuals that involves sharing the publishing rights and, and often the ownership (copyright), of a musical work Cover (Cover Song) - a re-recording of an existing musical work without any major changes in the melody or lyrics. Allowed for by the Compulsory Mechanical Rule with the payment of appropriate mechanical license fees to the publisher/copyright owner of the original work. Cross-Collateralize - to associate income from multiple musical works, albums, contracts or projects together to enable profits or income from the successful elements of the group to be used to offset any losses incurred from other elements of the group. For example, if a recording artist recorded 3 albums for a label that were cross-collateralized, if Album A makes a profit but Album B or Album C loses money, the label can use the profits from Album B (instead of paying them to the artist) to compensate itself for losses incurred by Albums B or C. Crossfade - used in mixing audio to construct a transition between 2 songs or musical works, where as the first musical work is fading out (decreasing in volume), the next musical work is also audible as its volume increases from zero to normal volume (fade-in). During the crossfade, both works are heard. Cue — A piece of music written for a film or television project. Cues can be of any length and are written for a particular scene or scenes in a film. Cues can be score cues (background or theme music) or source cues (music that is heard by the actors in the scene, such as music in a nightclub or music coming out of a radio). Source cues are often music that already exists (such as songs from an album) that are licensed for use in a film. The music supervisor typically handles the licensing of source cues. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 7 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Cue Sheet (or Performing Rights Cue Sheet) — The document prepared after a film or television project is completed that specifies information about each cue and how it was used. The cue sheet indicates the composer, publishing company, performing rights affiliations of composer(s) and publisher(s), title, length as actually used, and usage (background instrumental, visual vocal, etc.) for each cue. This document is filed with the performing rights organizations (ASCAP, BMI, SESAC) that the composer(s) and publisher(s) are affiliated with, and is the basis for payment of performing rights royalties. The Cue Sheet is usually prepared by the Music Editor. Payment of performing rights royalties is only possible if a cue sheet is filed for a production. DA-88 - a type of multitrack digital tape recorder made by TASCAM that included SMPTE timecode chase/lock and was popular in the 1990s as a primary recording device but was later replaced in most film and television recording situations by hard disk recording using Pro-Tools and other direct-to-disk nonlinear recording technology. DA-88 tapes are still used in smaller studios and as a multitrack backup device during hard disk recording in certain situations. Daily - used in film production to indicate a batch of rough, unedited footage in either analog or digital format from a day’s shooting. Prior to digital film and video recording, dailies were typically provided on the next day, but with the advent of digital recording dailies are now provided later in the same day they are recorded. DAT (Digital Audio Tape) - a popular form of 2-track digital tape in a small cartridge commonly used to record 2-track masters and mixdowns in the late 1980s and 1990s. Still used as a 2-track recording backup in recording studios. Since DAT recorders generally did not provide for recording of SMPTE timecode, recordings on DAT tape were “wild” (without timecode recorded) and a 2-pop (see “2-pop”) was often inserted 2 seconds before the beginning of the actual recording so that the beginning of the recording could be accurately determined. Deferred Deal - a contract or agreement element where a series of 1 or more future payments is paid based on a series of future dates, or more commonly a series of future events, such as a film achieving a distribution deal, or a film achieving certain box office or revenue plateaus or targets. Demo – a basic mock-up or demonstration version of music that is still in development. Also can refer to a finished cue submitted to demonstrate a composer’s ability to write music of a particular style or genre. Derivative Work - a copyright term referring to a new copyright that is based in part or in whole on another copyrighted work. Generally a derivative work may only be created with the permission of the original copyright owners of all the copyrights contained in the new derivative work. A film can be considered a derivative work if it contains other copyrighted works, such as songs or score.


Distribution Deal - an agreement with a distribution company for the distribution of a film, television show or other production to various venues including movie theaters, television and cable networks, retail (CD and DVD sales), online viewing, and other venues. Doubles — Instruments that a musician plays in addition to the their primary instrument. For example, a woodwind player may be hired to play flute, but also may double on clarinet and piccolo. When a musician plays doubles, he/she is often compensated with additional pay. If recording under a union contract, the union has specified additional payment rates for doubles. Download - refers to music or an audiovisual product transferred as a file over the Internet where the music or audiovisual product is not visible or audible as it is transmitted to the user. The file is stored on the user’s computer or other playback device and is available for future viewing or listening. Droit Moral (Moral Rights) - a legal term commonly used in Europe referring to certain rights that are automatically vested (owned by) the author of a musical work, regardless of who owns the copyright to the work. In the United States, this term is typically used for works of visual art and refers to the right of an author to prevent revision or alteration of the work, regardless of the ownership of the work. Dry — Refers to a track of music on tape that is recorded or played back without any electronic reverb, delay, or echo of any kind. Dubbing Session – the final audio mix of a feature film or other program; where the relative audio levels of dialogue, foley, sound effects, and music are finalized. Also known as “the dub.” Editorial - a general term that refers to the work or process by which a music editor works on a film, or the period or process during which the film is being edited by the film editor. Emerging Technologies - music licensing term referring to technologies of distribution and broadcast that have not yet been widely accepted by the industry as “standard” and are currently in experimental or limited use. End Crawl (End Credits) - the sequence after the end of a picture or television show where the credits “roll by.” Typically includes all major and minor credits for the production. E&O (Errors and Omissions) - a legal term referring to a type of coverage that protects a company or individual against unintentional errors or omissions. The coverage, typically provided by an insurance company, may provide compensation to a damaged third party in the case of an error or omission that is covered by the policy. Ephemeral Copy (Ephemeral recording) - a temporary copy of a musical work created for the purpose of delivering a licensed digital transmission of the work


Ephemeral Use - a copyright exemption that allows the one-time use of a copyrighted work in a “live” or tape delayed production, such as a talk show or variety show without the need to obtain clearance from the copyright owner. The broadcaster must have a performing rights license that covers the musical work, and any rebroadcasts of the show or production require that clearance be obtained from the copyright owner(s), as the ephemeral use exemption from copyright law pertains only to the original broadcast. Featured Use (Feature Performance) - music licensing term referring to usage of music in a scene where the music is the primary focus of audience attention. Performing rights royalty rates for feature performances are substantially higher than rates for non-featured, aka “background” performances of music in film and television. Festival Rights - a term used in music licensing to describe usage of music in copies of a film shown at film festivals, but not shown in broader settings such as television broadcast, theatrical exhibition, etc. Music publishers often grant low-cost or gratis festival licenses that must be replaced by negotiated music licenses if after showing(s) at film festivals, the film is signed to a distribution deal or achieves other form(s) of distribution or broadcast. Foley - sounds related to activities onscreen, such as footsteps, doors closing and opening, etc that are recorded after production and are used to replace the original sounds recorded during production. First Position - used in contracts with film and television production companies to indicate the first people or organizations paid after production costs are recouped for a film or television production. Free TV - exhibition over television broadcast stations that do not charge a fee to the viewer in order to be received Free-time — Used to describe the process of recording music synchronized to picture played by live musicians without using a click track. The conductor references some other source such as a clock or events in the picture, and may use streamers and punches added to the picture image to establish the correct timing of the music. FSO (F/S/O) - abbreviation for “for services of” - typically used when a artist or other individual’s contract for a film or television production is made between the artist’s corporation and the production company. The contract may be between the artist’s corporation and the production company, but usually the phrase “for services of [artist name]” is included to bind the artist personally to the contract so that the artist is legally obligated to perform the services called for in the contract. Full Card - a screen credit that is not shared with anyone else on the “card” or screen. Ghostwriter — A person who composes music for another composer but is not credited on the cue sheet or in the final product in any way. In a ghostwriting situation, the person hiring the ghostwriter takes credit for writing the music and the ghostwriter is usually not allowed to reveal to anyone that he/she wrote the music or worked on the project in any way. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 10 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Grand Right – the exclusive right of a copyright owner to license a composition for use in a live performance, generally on stage, such as a musical, ballet, or opera. Half Card - a screen credit that is shared positionally with one other person on the “card” or screen. The card contains 2 credits - one for each of the people who has half card credit. Hit Point (Dead Cue) – a specific event to be hit, avoided, emphasized, or otherwise treated in a special manner by a composer. A hit point is identified as a specific frame or “address” in running time code. Home Video - DVDs or CDs exhibited in a private, home environment such as on a DVD or Blu-Ray player played through a home theater or home television device. In Context - refers to music used in a promo or trailer for a production in a scene or with the part of the picture that the music was originally licensed for. Indemnification - a term used in music contracts when one party wishes to assume the liability for any damages or penalties suffered by the other party as a result of negligence or other wrongful acts by the original party. For instance, a composer under a work for hire agreement is often required to indemnify the production company (making the composer liable for all financial damages suffered by the production company) if the production company is sued because the composer’s music is not original. Industrial - a type of film or audiovisual production used by companies to promote their products, typically at trade shows, conventions, stores, kiosks at malls, and other locations Infringement - used in reference to copyright to indicate when a copyright owner’s exclusive rights have been improperly used, performed, or otherwise interfered with by another party. In-Flight - exhibition of music or an audiovisual product by an airline during flights Joint Work – a composition created by two or more authors whose contributions to the work are to be inseparable and interdependent. Layback – adding the final audio mix to picture. Licensee - the person or organization who is seeking to use music for a production and desires a license to do so from the copyright owner or a representative of the copyright owner. Licensor - a copyright owner or a person or organization representing the copyright owner who can grant a license for the particular rights or usage(s) being requested by a proposed licensee. Librarian (Music Librarian) — The person at a recording session who distributes and collects the printed music parts and conductor’s score. This is often a function of the copyist or music preparation company. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 11 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Library Music (Production Music) — A collection of music, usually available on CD, hard drive, or for download, that can be licensed for use in a film or television project. Library music is typically licensed for usage in film, TV or videogames under a “needledrop” license which authorizes a specific music track for a specific usage, or a “blanket license” which allows use of any music from a portion or all of a library by a music user. Locked Picture – a production’s final edit, after which no timing changes in terms of frames of video will occur. Since the advent of nonlinear hard disk editing of film and television show productions, this term is used less frequently as this editing technology allows editors to make edits and changes to the picture much more easily. Master Recording license – a license, typically between a record label and a music user or production company, that grants permission to incorporate a specific sound recording of a musical work in synchronization or timed relation to a picture or other audiovisual work. Also known as a “master license.” Mechanical License - a license that allows the reproduction and sale of music in physical formats such as a CDs, DVDs, videotapes, cassettes and vinyl albums, as well as reproduction and sale by digital download. Montage - used to describe a scene or section of audio where a series of smaller scenes or audio segments are melded together, usually representing a sequence of time, history, or other series of events based on time. MOS - music editing term meaning “without sound” (silent) Most Favored Nations (MFN) – a contractual clause and status granting a uniformly applied and favorable set of rules to those invoking and receiving the status. Under MFN, all entities within the scope of the MFN clause typically must be paid the same for similar usages of music, with no member of the group able to be paid more or less than the other members of the defined group. MP3 - a compressed, consumer-grade digital audio format available in different resolutions Multi-Tracking - refers to recording multiple versions of the same piece of music that are timed so that more than one version can be mixed together (“on top of each other”) to create a bigger or “fatter” sound, or can simulate the sound of a larger group of musicians playing the music. Music Clearance (or Rights Licensing) — Music Clearance refers to the negotiation of rights to use an existing song or piece of music in a film, television or other production or product. Usually the Music Supervisor or Music Clearance person for a production handles the music clearance or rights licensing and works to secure licenses from the companies or individuals who have publishing rights (ownership of the music) and master rights (ownership of a sound recording of the music). ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 12 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Music Editor — The Music Editor works with the composer, music supervisor and production company to organize, document, and time the music cues for a project. The Music Editor works very closely with the composer during the early phases of a production to document the decisions of the director and composer about the placement, timing, length, and type of music to be used throughout a project. The Music Editor is usually present during the recording sessions to document each cue as it is recorded, and may be responsible for generating the click track that is often used to keep the timings of the performance precise (see click). The Music Editor is also present at the prelay and dubbing sessions where the recorded music is inserted into the film at the correct time code locations. Music Supervisor — An executive who manages the licensing of music for a film or television production. The Music Supervisor handles or supervises music clearance and rights licensing of existing music, and also may be involved with supervising and selecting the score composer. Choosing appropriate music, especially source cues and songs is usually the responsibility of the music supervisor. Music Units — A term is used during dubbing sessions to refer to the source tapes, CDs or hard drives containing final music to be included and mixed into the production. MX - music editing abbreviation for music of any kind Needle Drop – a carryover term from the days of vinyl records, a needle drop refers to the licensing of a specified musical work, often provided by a production music library or publisher, for a specified usage within a production. Non Package Deal – a type of contractual agreement between a producer and composer that provides a separate creative fee for the composer which serves as compensation for the composer’s work in composing the music under contract - unlike a package deal, production and recording expenses are not required to be paid by the composer from his fee. Under a non-package deal, the production company typically provides a separate recording budget that the composer must follow, with any changes in that recording budget requiring the approval of the production company. One Sheet - a single page advertisement for a film or television project. Usually has high quality graphic content and often contains a billing block with selected credits listed. Out of Context - refers to music used in a promo or trailer for a production in a scene or with picture other than the part of the picture or scene the music was originally licensed for. Over the Top – a generally negative comment referring to score music that overstates or otherwise calls attention to itself, detracting from the picture and viewing experience. Packaging Deduction - an element of many record label contracts where artists are charged, from proceeds that fund the artist’s compensation, an amount intended to cover a percentage of the cost to the label of creating the packaging (case, labels, cards, etc) of physical CD or DVD products. The advent of digital distribution has created contention between artists and labels whose contracts still allow for these deductions, even when music has no physical packaging. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 13 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Pari Passu - legal contract term that refers to an instance where two events, acts or other refernces are or may be happening simultaneously. Pay Cable (Subscription Cable) - television channels that require an additional fee or subscription to be paid by cable or satellite television customers over and above the basic rate paid for the base package of channels. This can also include video on demand provided by a cable or satellite company. Pay Per View - exhibition, typically over cable or satellite television services, of a television or film production where the customer is charged a fee for a specific pre-scheduled transmission of the production. Pay Per View transactions typically involve the customer choosing from of a pre-scheduled list of transmissions, where Video On Demand services typically allow the customer to choose to receive the transmission at any time. Package Deal (All-In Deal) – a type of contractual agreement between a producer and composer that requires the composer to pay for all costs involved in the writing, production, recording and delivery of all elements of a score, typically for a film or television production. When working under a package deal, the composer’s profit is generally what is left over after all expenses are paid by the composer from the package price. Per Diem - a daily amount paid to actors, musicians and others intended to compensate for routine daily expenses, especially when traveling. Performance License - a license issued by a performing rights society or a music copyright owner that allows public performance or broadcast of a musical work.This is necessary due to the public performance exclusive right of copyright owners, and is typically issued in the United States by one of the three public performance collectives ASCAP, BMI or SESAC. Performing Rights Organization (PRO) - a collective or other organization that represents copyright owners (usually publishers) and authors of musical works for the purposes of negotiating, collecting and paying performing rights license fees and royalties. In the United States, the three PROs are ASCAP, BMI and SESAC. Perpetuity (In Perpetuity) - a legal term referring to a time period with no end, essentially forever. In music licensing, the term “life of copyright” and “in perpetuity” are often used together, since once the copyright no longer exists, a work falls into public domain status, and any licenses or other contracts that are issued based on copyright ownership are no longer in effect. Points - a music agreement term commonly used in record label contracts that refer to a percentage of a given number. For example, 2 points on the suggested retail price would be equal to 2 percent of the suggested retail price. Prelap - a music editing term referring to a placement and usage of music where the music for a scene starts before the scene actually begins, over the closing moments of the previous scene. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 14 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Prelay (or Prelay Session, Layback Session) — Refers to the process of laying in or recording music and other sound elements of a film or television project at the correct timecode locations on a master format without regard to final audio levels and mixing. Once the prelay session is complete, the relative levels of the music, dialogue, ambiences and sound effects can be determined during the dubbing session. Today, the entire prelay and dub process is often done in a digital environment and is only finalized after the entire project is mixed and completed. Pre-Production – refers to the period of time during the creation of a film or television production before shooting (filming) starts. This phase includes script creation, editing and development, casting, production and set design, and hiring the crew that will be used to shoot the film. Production – refers to the period of time during the creation of a film or television production where the production is filmed (shot). Production Sound (Source Audio) - dialogue, background sounds, or other audio recorded during the actual shooting of a film or television show. In the case of dialogue, dialogue recorded during production that is of insufficient quality to use in the finished production is re-recorded using ADR (Automated Dialogue Replacement) techniques. Post Production – refers to the period of time during the creation of a film or television production after the production is filmed (shot). This phase includes editing, creation of special effects and computer generated (CG) content, creation of sound effects, foley and music, and the various sound and music mixing sessions used to generate the final audio content of the production. Pre-Score (Pre-Record) – music scored and produced prior to production and shooting, such as music used and heard by the actors in a dance sequence, or songs the principal actors will sing on-camera. Pro-Rata - Indicates that something is calculated based on the portion of a larger total that it represents. For example, if there were 8 songs on a soundtrack album and each song was to share additional licensing income on a pro-rata basis, each song would receive 1/8th of the additional licensing income. Also sometimes referred to as “pro-ratedly.” Post Score – music created for a film or television production that is created after the production is shot and edited. PRO - Performing rights organization. An organization that represents the interests of music publishers and writers and licenses musical works from those publishers and writers to music users including broadcasters and other entities that publicly perform music. Public Performance - broadcasting or otherwise playing music in a public setting, including music heard on radio and television, music heard in live event venues such as concert halls and arenas, and music heard in establishments such as bars and restaurants. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 15 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Public Domain (PD) – a musical work or a sound recording of musical work that is no longer protected by copyright law due to the expiration of its copyright. Such works or recordings may be freely used without permission. Publisher — A Music Publisher owns the copyright and publishing rights to music. These rights usually entitle the Publisher to decide how a piece of music can be distributed or used in various forms, including use as a source cue in a film or television project. A publisher can be a company or an individual, collects Publisher Royalties from the performing rights organizations based on public performances of the music and licenses music to others for use in film and television productions, products, and other usages including. Publishers also attempt to get their music recorded by recording artists and their labels. Publisher’s Share - the portion of performing rights royalties paid to the publisher (copyright owner, generally) of a musical work. This portion is generally 50% of the total performing rights royalty, with the writer receiving the remaining 50%. Quote Request - a detailed request by a prospective licensee such as a film company for rates for licensing a musical work or a recording of a musical work. The quote request is commonly sent to copyright owner(s) or their representatives by a music supervisor or music licensing professional and contains details on the proposed usage of the music and a description of the film and the scene the music would be used in. The quote request also details the specific media and time periods the licensee wishes to get quote information on, and is the basis for negotiations that conclude with the issuance of a synchronization and/or master license for usage of a musical work or a recording of that work in a film or television project. Rear Window - refers to the title of a film involved in a 1990 Supreme Court case that held that for songs created before 1978, licenses issued for these works that are intended to cover the renewal term do so only if the original author of the work was alive at the beginning of the renewal term. In some cases the heirs to the author could renew the copyright and nullify any agreement with a music publisher. Songs created or published after January 1, 1978 are not affected. There are several complex aspects of the Rear Window case and the resulting effect on music licensing. Consult an experienced music attorney if there is any concern that a license may cover a musical work that is subject to the Rear Window decision. Recoup - a term used in music contracts where one party who has advanced or paid moneys to a second party for expenses or other costs is able to be repaid that money from proceeds that otherwise would be due the second party. For example, a label or publisher is often able to make deductions from funds or royalties otherwise payable to a writer or artist to recoup (pay themselves back for) earlier advances paid to the writer or artist. During the period where recoupment is occurring the writer or artist will usually receive reduced or no income until the recoupment is complete. An agreement where all advanced sums have been paid back is said to be “recouped.”


Re-Record - to make a new recording of a musical work. Also referred to as a “cover song” or “covering” the original work. Ring Tone - the music or sound played by a mobile or cell phone through its speaker or headphone jack that alerts the owner to an incoming call. Ringback Tone - the music or sound heard by a telephone caller after dialing, but prior to the recipient answering the call. Rough Cut – a preliminary edit of a production in-progress, which may be helpful in developing ideas for demonstration purposes. Royalties — Future payments to the rights holders of a musical work or performance based on the use, public performance, reproduction, or other use or exhibition of the musical work or performance. Rights holders in music achieve these rights either as a result of copyright law or through a union or other contract that provides for royalty payments. Music rights holders who can receive royalties can include writers (composers and songwriters), lyricists, publishers, recording artists and vocalists, musicians, producers, arrangers and orchestrators, conductors, copyists and music preparation personnel, music supervisors and record labels. Sample - in music licensing, a section of a copyrighted work that is included (“sampled”) in another work. Sampling usually requires a license from the original copyright owner. Sampler — An electronic device which plays back digital recordings of musical instruments and other sounds. Samplers are often used as a substitute for live musicians in lower budget productions. Often confused with synthesizers, which create electronic sounds. Score (Underscore) - supporting music, usually instrumental, that the audience of a production hears but the actors or people in the production do not. Score Supervisor — A person who assists the composer at recording sessions by watching the printed score and listening to the performances of the musicians to aid the composer. The score supervisor often communicates with the composer or orchestra conductor through a private headphone mix that only the composer/conductor can hear. The composer/conductor then makes comments to the musicians as necessary. The score supervisor may occasionally make comments to the scoring engineer about the volume levels of different instruments and other technical aspects of the recording process. Scoring Engineer (Scoring Mixer) — The person who records, mixes (adjusts levels, effects, and EQ), and has overall responsibility for microphone placement and recording the musicians at a recording session for music to be used in a film or television production. Also known as a Recording Engineer.


Scoring Stage – a recording studio, often with a large performance area to record an orchestra as the film or television production is projected on a back wall screen. Scratch Track – a music track that is precisely cut to time, but does not yet contain all its production elements. Example: a piano/vocal track without the additional orchestral elements (such as strings) that will be added in the final production of the track. Sequencer — A software program used by a composer or songwriter to record the notes to be played by musicians or to be electronically played on samplers or synthesizers. Sequencers can play back complex musical compositions at virtually any speed, allow quick changing of notes and instruments, and in many cases can print the music out as a score and parts for musicians to play. A sequencer program combined with a digital audio recording program is commonly called a DAW (Digital Audio Workstation). Sidelining — A term used to describe musicians appearing on-screen in a film or television production. The musicians usually appear with their musical instruments, and may or may not actually play the instruments. Sidelining is often done under the auspices of an AFM musicians union contract. Signatory — A signatory is a business or individual who is authorized by the American Federation of Musicians to act as an employer of musicians. In certain AFM contracts and agreements such as the Assumption Agreement, the signatory becomes legally responsible for possible future re-use and new use payments to the musicians. Small Rights – refers to music public performance rights administered by performing rights organizations (PROs). Song - an original musical work containing music and lyrics (words). May be written by a single person (songwriter) or a songwriter and lyricist together. Sound Design - the creation or selection of non-musical sounds, including sound effects, for a production. Sound-Alike - used to describe music that reminds the listener of another musical work, but is not “close enough” in construction, especially regarding the melody and lyrics, to represent an infringement of copyright of the other musical work. This type of work often ends up in a “gray area” where an experienced music attorney should be consulted if there is any concern that the sound-alike is “too close” to the other, copyrighted work. Sound-alike liability can also evolve when a musical performance, especially a vocal performance, is “too close” to the unique performance style of another performer. This is of special concern when a copyrighted work is being re-recorded using another performer whose style is very close to that of the original performer. Source Music – music that comes from an on-screen source, such as a radio or a band at a nightclub. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 18 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Spec (on spec) - work that is done for no initial financial compensation, usually with the anticipation of future compensation for that work or work resulting from the original spec work. Spotting Session — The spotting session usually takes place after the filming and most or all of the editing phases of a production have been completed. At the spotting session, the director and composer agree on what types of music will be used in a project and on where in the production (usually timecode locations) specific music will occur. The music editor documents these decisions and provides spotting notes to the composer and director for reference. Statutory Rate - a rate specified by a court or governmental authority that applies to a specific type of activity. The “statutory mechanical rate” (also known as the “penny rate”) is a rate that is set by a governmental body that specifies the minimum rate that must be paid to the writer of a composition for each copy of a CD or other “mechanical” reproduction that is sold. Stems - subsets of a music mix that includes only certain instruments or sounds. These subsets or “stems” can then be treated differently when the music is mixed into the film, including using different equalization, effects or gain levels on the different stems. Stems are also very helpful to separate particular musical elements such as high-pitched instruments or percussions that may interfere with dialogue or other sound elements of a film. If the problematic musical element is on a separate stem, the stem can be lowered in volume (“ducked”) without having to lower the volume of the entire musical work. Step Deal – a negotiated schedule to pay music and master owners in a series of payments (steps) that are only due and payable if triggered by a series of future events related to a production. These events typically refer to levels of gross box office revenue of a project, but can refer to any definable future event such as the sales of a specified number of video games or DVDs, or the completion of a distribution deal for the production. Stinger (Sounder) - music played under the identification of a radio or television station’s name or call letters Streamer — A thin line which moves from left to right across an image of the film seen by the orchestra conductor at recording sessions. Streamers are used to provide the orchestra conductor with timing information as he/she conducts the musicians. At the end of a streamer, a punch — a large dot that flashes in the film image — is added to signify a hit or specific point in the film that the music may be synchronized with. When conducting free-time (without click in the musicians’ or conductor’s headphones), the conductor can synchronize the music to the film during recording with the aid of streamers and punches. Streaming - refers to music or an audiovisual product transmitted over the Internet where the music or audiovisual product is visible or audible as it is transmitted to the user but is generally not available for viewing or listening from the user’s computer or device at a future date. This specifically does not include downloads, where content is transferred as a file and is not audible or viewable during transmission. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 19 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Subpublisher - a publishing company in a country other than that of the original publisher who represents the business interests of the original publisher in that foreign country. These activities include registering copyrights and collecting royalties from local royalty collecting societies and other licensing entities, exploiting the copyrights of the publisher with labels and other music users, and remitting this income back to the original publisher after deducting a portion of that revenue as commission. Sweetening - a term used in recording to describe the addition of other recorded sounds such as sampler-generated tracks or instruments, or additional layered recorded performances to existing audio to improve the sound. Swimming — A term used to describe music or sound that has too much reverb or echo. Synchronization license – a license, typically between a music publisher and a music user or production company, that grants permission to incorporate music in synchronization or timed relation to a picture or other audiovisual work. Also known as a “sync license.” Synthesizer — An electronic device that generates or creates a sound. Often confused with samplers, which play back a digital recording of an actual real-world sound, such as a violin being played or a drum being hit. Synthesizers were very popular in the 1970’s and 1980’s and were used to imitate and substitute for live instruments. With the advent of digital samplers, synthesizers are now used primarily for special effects and electronic sounds. Taft-Harley - for the entertainment business, a legal concept based on the Taft-Hartley Act passed in 1941 that allows an actor, such as a sidelining musician who appears onscreen in a union film to appear once without having to join the Screen Actors Guild (SAG), as long as the actor has not previously used the Taft-Hartley exemption. Tethered Download - a downloaded audio or audiovisual file that is dependent on being able to communicate to the original server that downloaded it in order to be played, and can only be played on the device that downloaded the file. The tethering technology and the license terms of the download typically prohibit the files from being transferred to another device or burned to physical media like a CD. These are typically used by subscription services that allow a high volume of downloads or unlimited downloads in exchange for a monthly or quarterly subscription fee. The ability to play back downloaded media typically expires within a given time after the customer’s subscription is canceled. Temp Love - refers to a situation where the director, producer, or other people involved in a film or television production “fall in love” with the temp music used in the production before the actual final music is determined, licensed, or composed. Temp love can be create problems when music with unrealistic aspects (such as a large live orchestra or popular songs with very high licensing fee requirements) is used as temp music and the director of a film expects a composer or music supervisor to create or license similar music without the necessary budget or time to do so. Temp love can also result in problematic demands that a composer copy or come “close” to the temp music when creating new original music, creating potential copyright infringement issues. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 20 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

Temp Track (Temp Score) - Existing music that is temporarily edited into a film or television production in order to demonstrate or approximate the musical direction and wishes of the director or producer of the production. Also used for test screenings of a production that occur before the actual music is licensed or composed. Tempo - term indicating the speed (slow, medium, fast, etc) of the underlying “beat” of a musical work. Territory - a geographical or other area covered by a music license or other musical agreement. A territory can be anything from a specific country to “the world” or “the universe.” Theatrical - exhibition of a film in movie theaters, outdoor theaters, or similar venues. Theme - used in the generic sense, a musical term that refers to a recognizable melody that can be used in different ways, and played on different instruments or sung within a film or television production. Theme Song (Main Title Theme) - a piece of music used at the beginning or ending of a film or television show that is intended to be the musical signature or theme for the production. Timecode (SMPTE code) - a system involving a special audio signal that represents a constant stream of time representations that is used to synchronize 2 or more devices or computers together. Timed Relation - a term used in music agreements and contracts referring to music that is precisely synchronized with video or picture. Timing Notes (Breakdown Notes, Spotting Notes) – usually constructed by a music editor and furnished to the composer and music supervisor. Includes detailed scene breakdowns and descriptions with notes about where music is planned and what musical direction(s) have been given to the composer and music supervisor. Track Sheet - used primarily in tape recording to indicate the various instrument(s) and sounds on each track of the tape. Trailer - a video advertisement for a film or television production. Trailers are often shown before films in theaters, and are also seen on television advertising an upcoming film or television production. Underscore - instrumental score music used in a film or television production to enhance the storyline, message, emotions, action, or other aspects of the production. Score music is not heard by the actors in the film. Video On Demand - exhibition, typically over cable or satellite television services, of a television or film production where the customer is charged a fee for a transmission of the production but may order and receive the transmission at any time and is not required to choose from a list of pre-scheduled transmissions of the production. ________________________________________________________________________________________________ Film Music Magazine Dictionary of Film Music and Music Licensing Terms 21 © 2010 Global Media Online, Inc. All Rights Reserved. – www.gmocorp.com

WAV - an uncompressed, professional high-quality digital audio format, often used as the default pro digital audio format by some PC software programs Work Made for Hire – a legal concept where the company or person who hires someone to create a musical work becomes, for copyright purposes, the author of that musical work and therefore owns all rights to that musical work unless any of those rights are granted back by contract to the composer or songwriter who actually creates the work. Writer’s Share - the portion of performing rights royalties paid to the writer of a musical work. This portion is generally 50% of the total performing rights royalty, with the publisher receiving the remaining 50%.


Film Music Terms Dictionary

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