Do Bands Pay to Cover Songs?

The practice of covering songs has been a cornerstone of the music industry for decades, with bands and artists alike seeking to reinterpret and bring new life to popular music. This article explores the complex realities surrounding the payment for covering songs, addressing the reasons behind cover versions and the legal aspects of performing and recording them.

Reasons for Cover Versions

There are several compelling reasons why bands cover songs:

Hit Songs: Covering a hit song can leverage the already familiar and beloved material, bringing a fresh perspective to an existing track. This can help to engage an audience that is already familiar with the original version.

Unique Twist: A unique cover can breathe new life into a song that has been heard countless times. By adding a new flavor or interpretation, an artist can take a well-known track and make it their own.

Retro Feel: Covering classic songs can provide a nostalgic element, appealing to a broader audience interested in revisiting and rediscovering timeless tracks.

Stretching Creativity: Covering songs allows musicians to experiment with different genres and styles, showcasing their versatility and creativity.

Legal Considerations: Performing Cover Versions

The legal landscape surrounding the covering of songs is intricate and depends on various factors:

In the UK, bands performing cover versions for commercial gain are expected to pay royalties to the composers. However, enforcement is often lax:

Most cover bands in pubs or bars do not go through the legal process of declaring their performances and paying royalties, especially for smaller gigs. With only ￡200 per gig, the incentive for the representatives of the composers is minimal.

High-profile bands are less likely to monitor every performance and claim small fees, as the administrative and logistical effort is not worth it.

Tribute bands often negotiate the rights to perform the music of the bands they are tribute to, typically through a flat annual fee or a per-performance royalty.

Some tribute bands operate without proper licensing and have been sued for their actions.

Live Performances: When Fees Apply

The decision to pay royalties for a cover version during live performances depends largely on the band's status:

Local Bands: A small local punk band coverting a song for a set of 20 people at a pub does not require payment. The administrative overhead is not significant for such a small performance.

Established Bands: Well-established bands on major tours are expected to pay fees to the composers for using their songs. These bands have the resources and audience to make the performance profitable.

Recording and Licensing for Commercial Releases

When it comes to recording and releasing cover versions for commercial purposes, the legal requirements are clearer:

A cover version for commercial release should be licensed by paying the required fees. This ensures that composers and rights holders are compensated for the use of their material.

Bands must inform the composers of their plans to release a cover version, so that royalties can be claimed if the artists seek to do so.

Conclusion

The practice of covering songs is a complex issue involving music licensing, royalties, and legal protocols. While there are reasonable exceptions, generally, it is the responsibility of performing and recording bands to pay royalties to composers for the use of their material. It is essential to understand and adhere to these regulations to ensure fair compensation for the original creators and maintain the integrity of the music industry.