A 2-D barcode is read by a digital scanner horizontally and vertically. A 2-D barcode is generated when an applicant completes Form CO on the U.S. Copyright Office’s website. The 2-D barcode is unique for each work registered. It contains information that the applicant has entered on the blank form, but in encrypted format.

A & B Schedules are terms found on the forms sent to SAG-AFTRA by record labels, detailing the total scale payments made to label recording artists (designated as “A” vocalists/artists) and to nonroyalty artists (designated as “B” vocalists/artists).

Accounting statements are provided by music publishers quarterly or semiannually to songwriters, who are their clients. The accounting statement lists the money the publisher paid the songwriter in advance, plus chargeable expenses against the money credited or due to the songwriter from the royalties.

Acoustics can make or break the quality of a recording. All the talents of the recording artists, studio musicians, audio engineer, and producer are only as good as the studio’s acoustics. Poor acoustics can destroy the best creative efforts of world-class musicians. Floating walls, ceilings, and floors are used to isolate sound from room to room in a performance studio and control room. Grooves are cut in the floors, walls are mounted on rubber tubes, and ceilings are often spring-loaded. Windows between the performance studios and control room are made of thick, double-pane glass with 5.5 inches of air space between each panel. Soundproof doors complete the package.

Administrative rights determine who controls the potential revenue-generating assets of a song. Administrative rights include the right to assign or transfer the copyright at any time; the right to control licensing; and the right to collect royalties for the use of the song.

Advances are all monies advanced for the recordings, marketing, promotion, and publicity of a product and an artist. However, actual money is often provided at the time an artist signs a contract to help the artist with living expenses for a short period of time (usually during recording sessions). The financial advances are 50%–100% recoupable paid from the artist’s royalties (based on each unit sold) to satisfy the total debt to the label before the artist is paid for units sold.

Ambiance is the “feel” or “sound” of a room that is created by its mixture of hard and soft walls, floors, ceiling, and so forth.

Amplitude is “how loud” a sound wave is and is measured in decibels (dBs).

Amps or amplifiers increase the loudness of a sound wave or the amplitude (volume) of an electronic signal. Examples include guitar amps, monitor speakers, and operational amps inside the console.

Analog tape machines record both the amplitude (loudness) and frequency (number of vibrations) of the electronic signal sent by the mics to the tape recorder through the console.

Application forms refer to those provided by the Copyright Office for use in applying for registration of a claim to copyright. Registration makes a public record of the basic facts of a particular copyright.

Artist accounts or in-house accounts are set up in the artist’s name by the record label to fund all approved projects, including recordings, advances, and tour support, that are recoupable at 100%. The marketing, promotion, and publicity are recoupable at 50%; however, most labels run them through tour support so that all expenses will become 100% recoupable.

Assignment means the appointment of the manager to represent an artist. The term also covers the assignment of the exclusive rights and copyright to a music publisher in a single songwriter deal.

Audiovisual works consist of a series of related images (pictures, etc.), which are intrinsically viewed, or shown by machines or devices, such as projectors, viewers, or electronics equipment, together with accompanying sounds. Mediums include films or tapes in which the works themselves are embodied.

Audits unlike those associated with the IRS, in the entertainment industry are typically included in artists’ contracts. They allow the artist’s representation to notify the labels approximately sixty days before the audit that permits an accountant to analyze the label’s books to confirm correct royalty payments. Audits are conducted annually only.

Authority occurs when artists transfer their decision making for performing, interviews, and so forth over to the manager, who will determine which offer is in the best long-term interest of the artist. This also means that the artist may not accept movies, concert opportunities, or record deals without the advice of the manager.

Authorship refers to who wrote or owns the song. If the songwriter is a work-for-hire employee, then the publisher is usually considered the “author” of a song. If the songwriter is an independent contractor, staff writer, or one who owns a publishing company (as in co- or subpublishing), then he or she is usually considered the author of a song. A work-for-hire songwriter may also retain authorship and ownership if he or she has a signed agreement stating that the authorship and ownership will remain with the original songwriter(s).

Automated consoles are included in the standard recording technology today. Some of the older boards were computer-assisted, using VCAs (voltage control amplifiers) to scan the settings on the console and record their positions onto one of the tape machine tracks or a computer hard disk. Most of these functions are now part of Pro Tools and Logic Pro software.

Bern Convention is an international treaty, called the Convention for the Protection of Literary and Artistic Works, initially signed at Bern, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto. The United States acceded to the Bern Convention effective March 1, 1989. Also shown in print as the Berne Convention.

The best edition of a work is the edition published (distributed) in the United States at any time before the date of deposit, which the Library of Congress determines to be most suitable for its purposes.

Best efforts is used here in the context of music publishers agreeing to use their best efforts to exploit the copyright material across all forms of distribution in the industry, including artists, labels, film and television production companies, advertisement agencies, digital media, mass media, and other companies that use music in their businesses. Best efforts can also be found in contracts between artists, personal managers, and tour promoters, among others, indicating that they will do “their best” in the business arrangement and agreements. This is the equivalent of good-faith efforts in contracts and is challenging to prove should an artist or other entertainment personnel need to go to court.

Bidirectional pickup patterns allow sound waves from the front and back of the mic and cancel out sound waves on the sides of the mic.

Billing is a term that refers to the location or placement of the act’s or artist’s name (logo) on tickets, advertisements, and press releases. Top billing means that the name of the artist will be on top of the venue’s billboard or marquee and appear in larger print than other acts’ or artists’ names on tickets, and first mention on radio promotion spots.

Bonuses are negotiated, nonrecoupable monies paid to songwriters (and often recording artists and producers) for albums that reach various sales levels, usually gold (500,000 units), platinum (1,000,000 units), or multiplatinum.

Break-even point is the point in financial statements where the income (monies gained) from the event (concert, recording contract, etc.) equals the cost or total expenses for the event (or cost of recording, promotion, marketing, etc., of the recording).

Cardioid pickup patterns cancel the sound from the sides and rear of the mics. They sense sound waves that are only directly in front of the mic. Most mics in the recording studio use cardioid pickup patterns to avoid instruments’ music from leaking into other instruments’ mics.

Cartage is an extra payment (paid by the session producer) for musicians (or a private company) to haul instruments and amplifiers to and from the recording sessions. Union rules require additional insurance on harps, timpani, and other types of instruments that may be damaged more easily than others.

Catalog is a collection of the songs (copyrights) and recordings (usually demos) a music publisher owns and controls.

Circulars are informational brochures published by the Copyright Office for distribution to the public. Each circular deals with an aspect of the copyright law—for example, duration of copyright, copyright registration of musical compositions, and copyright notice.

Collaboration happens when two or more people work together to create a song, recording, and so forth. It is suggested that all the specific items of the agreement be in writing, including exceptions to the traditional royalty splits, permission to change each other’s lyrics, and a listing of who will pay demo recording, legal, and promotion expenses. However, once the working arrangement is decided, a written agreement concerning the actual copyright is not required. The Copyright Law calls the songs written by more than one individual a “joint work.”

A collective work is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions (which are separate and independent by themselves) have been assembled into a new collective work.

Commission base is the negotiated artist’s revenue sources that will earn the manager a commission.

Commission rate is the percentage of the commission base that is paid to the manager for his or her service.

Commitment album is the only album that the label is committed to financing. Labels may offer a seven-year, seven-album deal, but they have to pay only for the recording, marketing, and promotion of the first album during the initial period (usually one year), and then each additional album if they pick up the corresponding option (usually based on album sales figures from the previously released recording).

Compensation is the manager’s percentage of income as stated in the contract. The percentage often ranges from 15%–20% of monies resulting from all direct and indirect artist activities to very specific percentages based on defined revenue sources.

A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. Compilations include collective works to which different artists contribute to create an album.

Compression is used to reduce the amplitude (amount of volume) of a signal to record a proper signal on the tape track. Compression is also used to change the quality of the sound of an instrument or vocalist. Most consoles have four compression ratios, various attack times (how fast the compression is applied), and release from compression times. It is often used to “fatten up” the sound of a kick drum or bass guitar.

Compressors are outboard equipment used to reduce the amplitude (loudness) of a signal. They allow the audio engineer to record the proper amount of signal and to change the quality of the sound. They are often used on bass guitars and kick drums to make them sound “punchier” and on singers to help the engineer “catch” increases in amplitude.

Comp ticket or complementary ticket to a concert is often provided to radio stations and local important music insiders to promote an event. The number of tickets is usually supplied by the promoter and approved by the artist’s manager.

Condenser mics have two plates that hold a static electronic charge: one is a permanent plate, and the other is a moveable plate. Sound waves vibrate the moveable plate, changing the distance between the two plates, which generates the electrical output of the mic. Condenser mics need batteries or phantom power supplied from the console.

Consoles or “boards” act as electronic traffic lights, dividing and directing the microphone and electrical instrument signals to various destinations.

Contingency scale payments are made to SAG-AFTRA nonroyalty artist members (who recorded the album).

Contractors are in charge of union members and are required by those unions to be hired. SAG-AFTRA requires one of the background vocalists (BGVs) to be designated as the contractor when more than three singers are hired. Further, this contractor is paid an additional 50%. The AFM requires a contractor pay the leader or lead musician double when more than 12 musicians are called for in a session.

Control room speakers (monitors) are used in the control room to convert microphone signals back into sound waves. To insure the speakers and control room acoustics are providing a correct sound (flat frequency response), room equalizers are used to compensate for the “hype of the sound” created by the speakers and control room acoustics. “Hype of the sound” refers to the change in the sound of the monitors caused by the acoustics of the control room. Reflective sound from the acoustics can phase add, causing the speakers to sound as if they are reproducing more bass or treble.

Creative representation is the term used for the contract between the artist, who grants power of attorney to managers, and the manager. Creative representation is a mutual agreement to exhibit common interest in the development of the artist’s creative talents, recording, performing, and professional career.

Cross collateralization is the financial process through which the labels/music companies recoup past debts (on previous releases) by transferring income from currently profitable projects to cover previous debts. Labels cross collateralize record sales, while music companies cross collateralize record sales, concert tickets grosses, merchandise, and sometimes corporate sponsorships in their 360 deals.

Crossover networks are in speakers to separate the frequencies (bass, midrange, and treble) and send them to the appropriate speakers.

Cue systems allow the musicians and recording artists to hear themselves in their headphones. The mic signals sent to the console are simply mixed and returned to the artists and musicians through the cue systems and their headphones. Headset boxes allow the musicians and artists to control the amplitude (loudness) of their own headphones. Most consoles have a minimum of two stereo or four mono cue systems.

DART is an acronym for digital audio recording technology, which refers to digital audio recording devices and media covered by the Audio Home Recording Act of 1992 (P.L.102–563), the first statutory license to grant royalties to copyright owners for home copying.

Delivery dateis the actual date the artist is to present an acceptable digital master of his or her recording to the label (usually the vice president of A&R). Also, this is known as the street date, when record labels release products to the public for sale and streaming. It is now usually on a Saturday.

Deposit (noun) refers to the copy, copies, or phonorecords of an original work of authorship that are placed in the Copyright Office to support the claim to copyright in the work or to meet the mandatory deposit requirement of the 1976 Copyright Act. Deposits become part of the public record and may be selected by the Library of Congress for its collections.

Deposit (verb) is to send to the Copyright Office a copy, copies, or phonorecords of an original work of authorship to support a claim to copyright or to meet the mandatory deposit requirement of the 1976 Copyright Act.

Deposit account refers to money kept in a special account set up in the Copyright Office by individuals or firms and from which copyright fees are deducted.

Direct boxes may be used instead of mics to convert the high impedance signal of the musical instruments into a low impedance signal acceptable to the console when musicians connect their guitars and keyboards directly to the console. Direct boxes eliminate the sound of one electrical musical instrument leaking into another open mic. However, they also limit the musicians’ ability to control their own instrument’s sound quality as the guitar amp’s tone controls are also removed from the signal flow.

To display a work means to show a copy of it either directly or by means of a film, slide, television image, or any other device or process, or in the case of motion picture or other audiovisual work, to show individual images nonsequentially.

Document, in copyright terms, is a paper relating to the ownership of a copyright or to any other matter involving a copyright. Documents may be recorded in the Copyright Office for the public record.

Dry/wet refers to recording a signal on the tape with or without reverb or “effects” while listening to the signal in the control room monitor speakers and musicians’ and recording artists’ headsets. Dry is no effect; wet is when you are recording with the effect.

Dynamic mics have a coil of wire in the element (or top) of the mic. Sound waves vibrate a plastic diaphragm, which moves the coil in and out of a permanent magnetic field. This movement converts the sound waves into an electronic signal.

Dynamic range is the increase or decrease in amplitude of a sound wave. As an example, the dynamic range (loudness) of music is 120 dB.

Editing in the old days was the process of removing unwanted sounds or musical notes by cutting the analog tape with a razor blade and then taping the parts back together. Now it is usually done on computer software programs.

Effects, usually called outboard equipment (not located on the console), are “patched” into the console to change the quality of the signal. Examples include digital reverb, echo and delay units, noise gates (which cut off the signal at various amplitude levels used to prevent noise), compressors and limiters (which reduce the amplitude or loudness of the signal), and harmonizers (which are used to change the pitch).

Effect sends and returns are controls on each module of the console that are used to send a signal to the effects equipment to change the quality of the sound.

EQ or equalization refers to the bass, midrange, and treble controls on the console used to change the quality of the sound. Similar examples include the tone controls on your home stereo or car radio.

Exclusivity applies to artist contracts and means to “the exclusion of all others.” You cannot record for another record company, assign songs to another music publisher, or use another manager.

Faders are an amplitude control on the console that moves up and down (instead of left to right, like the volume control on your car radio) to control the amount of signal coming in to a speaker. One hand can manipulate several faders at the same time. Faders control the monitor speakers, cue, the signal being sent to the recording artists’ and musicians’ headsets, and the amount of signal being sent to the master tape machine or the computer.

Favored nations clause is mostly used in film soundtracks and compilation albums. Mainly used as a negotiating tool, it states that the newest artist or lesser-paid artist negotiates to get paid the same amount of money as the highest-paid artist being featured.

Firm offer is a signed contracted agreement, which includes the concert dates, time of appearance, negotiated price for the act’s performance, and a deposit consisting of a cashier’s check or money order that will be placed into a secured account.

Float is a term used when a writer assigns performance royalties to be paid through a music publisher (performance royalties are usually paid directly to the songwriter by the performance rights organization). The publisher will often “float” the payment in order to earn interest off of the monies. This is a practice that is not supported by songwriter organizations as the music publisher may recoup expenses from the writers’ royalties and may also make interest from the writers’ royalties before they are paid.

A food service or drinking establishment is a restaurant, inn, bar, tavern, or any other similar place of business, in which the public or patrons assemble for the primary purpose of being served food or drink. Any such establishment in which the majority of the gross square feet of space is nonresidential may be used for that purpose.

Formula is usually a predetermined percentage of the profits or losses that will determine the artist’s cash advances for the next album if the label picks up the “option.” If the artist is to receive an advantage of 20% of profitable sales of, let’s say, $1 million, then the advance would be $200,000. Formulas are often based on a series of issues; however, the key is for the artists to know the actual amount will have a floor (guaranteed low amount and a possible high ceiling), which creates a range for the advance to fall within. An example is a range of $50,000–$200,000. If the record loses money the artist is guaranteed to receive at least the bottom floor of $50,000 on his or her next album advance. However, let’s say that the artist is to receive 30% of a million-dollar profit. The ceiling is $200,000, so the artist will receive only the $200,000 ceiling figure instead of the higher $300,000.

Four walls are the most basic levels of service a venue has available to the concert promoter and act listed under the term “four walls” or “four walling.” The amount of electricity available (amps), heating, air conditioning, lights, and personnel, including house security, is listed on the contractual agreement between the venue and concert promoter.

Frequency is the number of complete cycles (sound waves or vibrations) per second, measured in “Hz” (or Hertz, after the inventor of the concept). We hear 20 to 320 Hz as bass, 320 to 5,120 Hz as midrange, and 5,120 Hz to 20 kHz as treble. High end is treble.

Gates are electronic switches (thresholds) used to eliminate a signal based on the amplitude. Gates are used to “block” tape hiss heard between musical notes as well as ambiance, rumble, and leakage from other microphones. They are regularly used on drums and overdub vocals to “tighten” the sound.

Gross monthly earnings are usually the total monies made by the artist from recording royalty points, bonuses or salaries, profits from concerts and merchandise sales, music publishing and songwriting royalties, commercial endorsements, movie and television performances, and profits from shares in capital ventures.

Harmonizing offers a variety of special effects, including the doubling of an input signal, delay of signal, and changing of the pitch. Doubling allows the engineer to make one instrument or vocalist sound like two. Delay provides echo or reverberation. Changing the pitch allows the engineer to detune or tune instruments and vocalists.

Headliner is the main attraction or most famous act to perform at a concert. Headliners are paid more money to perform than supporting acts.

“In the mud” is a term that refers to recording an analog signal too low, causing the playback to have too much noise.

“In the red” is a term that refers to recording an analog signal too “hot” on the tape machine, causing distortion.

Key person clause refers to a contract clause (verbal or written) that states a singer or group can negotiate to leave a management company or record company if the one key person who the artist has designated at the management company or record company ceases to be with the contracting company. It can be a manager or record company executive you believe is essential to your career.

Limiter is a compressor at maximum compression. The amplitude of the output is “limited” to the manually adjusted level of the threshold.

Loudspeakers are one of the several types of performance studio monitors that are used in the control room to determine the quality of the sound through large to small speakers.

Microphone pickup patterns are areas where mics are most sensitive to sound.

Modules allow for quick repairs and smaller and lighter consoles. They are another benefit of the space race: specifically, the design of plug-in modules.

Moral rights concern the protection of the reputation of the author. According to Stephanie C. Ardito of InformationToday, “Moral rights” is the English translation of the French phrase droit moral. Moral rights differ from copyright. Copyright protects property rights, which entitles authors to publish and economically benefit from their published works. Moral rights safeguard personal and reputational rights, which permit authors to defend both the integrity of their works and the use of their names. In countries that legally recognize moral rights, authors have redress to protect any distortion, misrepresentation, or interference of their works that could negatively affect their honor. Moral rights are often described as “inalienable.” French law recognizes perpetual moral rights. In Germany, moral rights end when the author’s copyright expires (70 years after he or she dies), while in other countries, moral rights terminate with the author’s death.¹

Negotiation period for an artist with a management agreement may include a performance clause (e.g., a requirement for the manager to secure a major recording contract) for the act. If the manager fails to achieve the stated performance clause within a certain time (often 12–24 months), the artist may cancel the agreement by sending a written statement to the manager. The agreement is usually concluded within 30 days after the manager receives the cancellation notice. These can also be considered “goals” for the manager and thus are not usually found in an artist/manager agreement.

Omnidirectional pickup patterns allow sound waves to enter from all directions into the mic at approximately the same loudness level.

Op amps are the many small operational (op) amplifiers that power a console, instead of one large, powerful amplifier. This technology was developed by the space race when it was determined that many small one-watt amplifiers were lighter to lift into outer space than one huge amp. The additional benefits to the audio recording business include a more compact size as well as less noise in the final recording.

Originality in a song contract means the writer has to state that a creative work is original and not plagiarized from another person’s creative efforts. This statement provides legal proof the publisher can use to protect itself (sometimes against the writer) if sued by other writers who claim authorship.

Oscillator is a frequency or tone generator that was used to record signals on the tape, align tape machines, and provide special effects when mixed with musical instruments in the old days.

Pan pots are controls on the console that place a signal into the left-side or right-side monitor speaker or in the center of the mix.

Patch bays allow an audio engineer to reroute the signal to a different module, special effect, or other equipment.

Payment of services refers to all monies from the artist’s performances, record sales, and commercial endorsements paid to the business manager or the artist’s accountant as approved by the manager. The manager usually collects his or her negotiated percentage of the commission base and then has the business manager invest or place the remaining portion of the monies collected into the artist’s accounts or businesses.

To perform a work means to recite, render, play, dance, or act it, either directly or by means of any device, or in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the words accompanying it audible.

To publish a work is to distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending. Publication also includes offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display. A public performance or display of a work does not of itself constitute publication.

Representation refers to the provision that if both the publisher and writer agree to a contract, it shall be subject to any existing agreements between the parties and their following performance rights organizations (ASCAP, BMI, SESAC), mechanical rights organization (the Harry Fox Agency), and digital rights management agency (SoundExchange). Representation is also a term used by recording artists to refer to management and booking agencies. Actors also are represented by union agents representing unions (e.g., SAG-AFTRA; musicians are represented by the AFM).

Reverberation is sound reflections from many sources (several hard surfaces) heard more than ten milliseconds after a direct sound wave. Reverb is an effect that makes the vocalists or musicians sound as if they were in a large auditorium (a hard-surfaced, empty acoustic room) instead of the smaller, acoustically correct recording studio.

Reversion clause is a provision in the songwriter–music publisher’s contract that states if the publisher does not obtain a commercial sound recording (or some other form of written performance) then it will return the song’s copyright to the songwriter within a specified time.

Ribbon mics operate on the same principle as dynamic mics, except they have flexible, metallic ribbons. Sound waves vibrate in and out of the permanent, magnetic force field. Because the ribbon is flexible, the quality of sound generated is often considered “warmer” and “smoother.”

Rooms in a recording studio have many different names and functions. The recording artists and musicians perform in rooms that are collectively called “the studio.” Producers and audio engineers supervise and record the artists’ and musicians’ performances from the control room. An equipment room isolates the noise of the tape machines from the control and performance studios, and a storage area is used for keeping microphones, music stands, headsets, cords, direct boxes, and other recording equipment that are not in use. The studio’s acoustics are used to emphasize and match the feel of the song to the image and vocal characteristics of the recording artist. Placement of the performers and their microphones in the studio adds the final acoustics for the recording.

Seeking employment is not always allowed by artist managers, as in some states they are barred from seeking employment for the acts they represent. They usually limit their role to negotiating with agents and labels for various types of deals, and consulting the artists on hiring, firing, and employment opportunities.

Sound recording is a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material objects in which they are embodied. A sound recording does not include the sounds accompanying a motion picture or other audiovisual work. Copyright in a sound recording protects the particular series of sounds embodied in the sound recording. Copyright registration for a sound recording alone is not the same as registration for the musical, dramatic, or literary work recorded. The underlying work may be registered in its own right apart from any recording of the performance.

Statements, either monthly or quarterly, are provided by the business manager to the personal manager and artist(s) concerning financial matters.

Suspension of artists in the music industry can be from label deals and artist management agreements if they become sick, refuse to perform, breach any part of their legal contracts, or break written moral clauses or social norms by committing a criminal act.

Term is the actual length of the initial period of an agreement (usually one year) followed by six one-year options. In a songwriting agreement it includes a period of time and number of required acceptable songs. In a reading deal it’s usually a period of time and number of recordings, and in a management agreement it often refers to the initial period being 2–3 years and then 4–5 one-year options.

Ticket manifest is a computerized list of every seat (and ticket price) in a venue for a specific act or artist for each concert date.

A transfer of copyright ownership is an assignment, mortgage, exclusive license, or any other legal conveyance of a copyright or any of the exclusive rights comprised in a copyright, regardless of whether it is limited in time or place of effect, not including a nonexclusive license.

Transfer of copyright and all exclusive rights happens when the writer assigns, transfers, and delivers to the publisher an original musical composition written and/or composed by the named songwriter(s). The writer also assigns to the publisher the title, words, and music thereof, and the right to secure the copyright ownership registration throughout the world.