Navigating Copyright for Cover Songs on Social Media Platforms

The world of social media has transformed the way we share and consume music. Covering a copyrighted song and posting it on platforms like Facebook or Instagram can be both exciting and challenging. To ensure you're in compliance with copyright laws, you need to follow a series of steps and considerations.

Who Do You Need to Approach?

The first step in obtaining a license to cover a copyrighted song is to reach out to the company that owns the copyright. This is not necessarily the original composer but may be a licensing entity or a performing rights organization (PRO).

To find the copyright owner, start by contacting organizations such as ASCAP, BMI, or SESAC, which are major performing rights organizations in the United States. These organizations represent a wide range of artists and can provide the necessary contact information. If you're unable to find the information through these channels, the Library of Congress can also be a helpful resource.

Understanding Fair Use

If your posting is for educational purposes, you may be able to rely on the fair use statute. However, this is a fine line and should be approached with caution. Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder. For instance, clips from older songs may not be as strictly enforced as recent ones due to the industry's perceived tolerance of user-generated content.

Obtaining a Synchronization License

A synchronization (sync) license is a specialized license granted to producers, filmmakers, and advertisers who wish to use a song in visual content, such as a video posted on social media. Obtaining this license can be a complex and lengthy process. It involves negotiating with the songwriters' representatives, who often require the intervention of an entertainment attorney.

The industry does not differentiate between TV broadcasts, movies, and YouTube videos when it comes to obtaining these licenses. Each sync license is individual and cannot be assumed to apply to other media platforms. This process ensures that the original artists and songwriters are appropriately compensated for the use of their work.

Alternative Approaches: Mechanical Licenses

A more straightforward approach to sharing cover songs can be through the use of a mechanical license. Mechanical licenses are required when reproducing and distributing covered songs as sheet music, audio recordings, or other physical or digital formats. These licenses allow you to share cover songs on audio-only platforms such as SoundCloud.

For post-1999 songs, it is often more practical to bypass traditional PROs like ASCAP or BMI and negotiate directly with the rights holders. Some artists, like Blondie's members, have formed their own companies to license their works directly, ensuring that the artists retain control over their copyrights.

Ensuring Legal Compliance

To protect your own interests and ensure that any royalties paid are benefiting the original artists, it is crucial to involve legal counsel. Whether you are covering a song for personal or commercial purposes, having a professional lawyer can help guide you through the licensing process and ensure that you are not infringing on the rights of the copyright holder.

Contact the agent or representative of the group or artist and be prepared for them to either support or refuse your request. Most artists are amenable to receiving a fair licensing fee, especially when the cover does not result in financial gain for you.

If you are posting the cover song to earn money, you will need to enter into proper negotiations with the rights holders. This involves a thorough understanding of the legal requirements and the potential impact on the original artists' earnings.

PRO Long-Term Strategy

The music industry is becoming more aggressive in enforcing copyright laws. However, given the widespread use of cover songs and lip-syncing on YouTube, it seems that the industry is relatively lax when it comes to older clips.

Protected by licensing entities like ASCAP, BMI, or SESAC, you can still proceed legally and ethically. If you are not making a profit from the cover, there may be some leniency, but if you intend to publish and earn money, you must enter into proper negotiations with the relevant PROs or directly with the songwriters.