Music business glossary: the Industry defined
Being an independent artist is hard enough without getting lost in the jargon around the music biz. Understanding the language of the industry is key to a viable career as you create and protect your art. In this ongoing series were empowering artists by breaking down some key terms and concepts artists should know.
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Perpetuity
In practice, the phrase “in perpetuity” usually applies to a transfer of rights or clauses that survive contract termination. For example, under a contract you might grant the rights to use your name and likeness in perpetuity, meaning that the company to which you granted those rights can use your name and like- ness forever.
When negotiating any contract — make sure that you are not giving away all your rights forever. Look out for the word “in perpetuity”. If the contract states that somebody other than you are retaining your rights in perpetuity, that is a big no.
360 Deal
A 360 deal is found in many of today’s contracts between a record label and a recording artist and refer to the label’s efforts to obtain a share in all other rights and revenue streams related to the artist, in addition to the exclusive recording rights. Additional rights in a 360 deal may include name and likeness rights, touring rights, music publishing rights in songs written by the artist, and more.
Advance
The money paid to an artist or songwriter before the recording or release of a song or recorded work. The amount of the advance is typically deducted from future royalties generated by that song or recording and earned by the artist. The advance is usually paid by a record company to an artist or a publisher to a writer.
An “advance” is almost always defined as a pre‑payment of royalties, whether the advance is paid by a record company to an artist, a publisher to a writer or even a merchandiser to an artist. The advance is only “recoupable”—meaning that the advance is applied against earned royalties.
Sampling
Music sampling is the process by which a musician or record producer uses a portion of an existing song in a brand new recording. Samples may comprise elements such as rhythm, melody, speech, sounds, or entire bars of music, and may be layered, equalized, sped up or slowed down, repitched, looped, or otherwise manipulated.
Sampling is a foundation of hip hop music, which emerged with 1980s producers sampling funk and soul records, particularly drum breaks, to be rapped over. Sampling has since influenced all genres of music, particularly electronic music and pop. With this practice becoming even more prevalent, a proper understanding of what sampling is and how to obtain proper clearance to legally utilize the sample becomes an essential factor in a song’s potential profitability as well as marketability.
Publishing
Publishing is, without a doubt, one of the most complicated (and sometimes straight‑up confusing) parts of the music business. For now, we’ll start off with the basics. Music publishing is an integral part of any songwriter/producer and artist’s career. Music Publishing is really all about songwriters and copyrights. When music is used commercially (whether sold, licensed, or publicly performed), the songwriter and copyright owner is owed royalties. Music publishers ensure that songwriters receive royalties for their compositions.
3 types of publishing royalties are:
Mechanical: digital downloads, streaming, vinyl, CD etc.
Public Performance: radio, live venues, & other public places.
Synchronization: films, commercials, video games etc.
One-sheet
Think of a one sheet like a resume....but for artists. Whether you’re a new artist or an experienced one, a one sheet is an essential element for promoting yourself. If you’re booking a show, promoting a release, pitching for a brand partnership, or anything else … having a one sheet can help anyone reading it identify what’s unique about you and your music.
Metadata
Metadata is essential to getting credit for your music. Without the correct data attached your music, you run the risk of missing out on royalties, sales, streams and more. Every time someone searches for a song on Spotify; every time a PRO attributes performance royalties; every time Pandora’s algorithm queues up a song — metadata is at play. Music metadata is the information included in audio files used to identify, label and present audio content. Metadata includes information such as artist name, producer, writer, song title, label, release date, genre or track duration, to name a few. Metadata ensures your songs are ready for distribution and release.
