Cover Songs and Copyright: Navigating the Legal Landscape

When it comes to covering a song, the question often arises whether the original artist or songwriter will face any legal issues. This article explores the copyright intricacies and the legal requirements for creating and distributing cover songs, including the role of music licenses and royalty payments.

The Role of the Original Artist and Royalties

When you cover a song, the original songwriter does not face a copyright strike. However, they are entitled to a financial cut of the moneties earned through your cover. This means that for every performance or distribution of the cover version, the songwriter should receive their fair share of royalties.

For live performances, venues are required to obtain licenses from Performance Rights Organizations (PROs) like ASCAP, BMI, or SESAC. In an ideal scenario, every rights owner who gets covered in public would receive a small but continuous income. However, the system is far from perfect, and the actual execution of these licenses can be inconsistent. Venues that do not have the proper PRO licenses in place run the risk of facing legal action, which can often result in the closure of the business.

Royalty Requirements for Digital and Physical Releases

When you release a recording of a cover song for distribution, you must identify the rights holders and ensure they receive their deserved royalties. This process is often facilitated through platforms like CDBaby, which ensures that the appropriate amounts of mechanical royalties are distributed to the copyright holders with every copy sold or media usage. Proper identification of rights holders is crucial to avoid any legal complications.

YouTube and Other Platforms

When releasing cover songs on platforms like YouTube, it is important to note that YouTube has direct deals with many publishers. While most covers are allowed, there is still a risk of getting taken down or receiving a copyright strike. However, for other platforms, obtaining your own sync license is a must to avoid any legal issues.

Public Domain Songs and Copyright Considerations

It is a common misconception that you can copyright a cover song. Public domain songs, while free from copyright restrictions, still require permission from the music publishers for commercial distribution. Even though you cannot copyright a public domain song, you must still respect the existing copyrights on the sound recording. Your sound recording of a public domain song may be copyrighted, but others can still record it with the proper permissions.

Key Takeaways:

Covering a song does not lead to a copyright strike for the original artist. Live performances require licenses from PROs. Digital and physical releases must properly identify rights holders. A sync license is necessary for non-Youtube platforms. Public domain songs still require permission for commercial usage.

Remember, adhering to these guidelines ensures that you stay within legal boundaries and respect the rights of the original artists and songwriters. By understanding and fulfilling the necessary requirements, you can enjoy the satisfaction of sharing your cover songs in a way that honors the original creators.