Is covering a song copyright infringement?
Thousands of times a month, someone posts a cover song on YouTube. And whether the video is a live band performance or a toddler singing from her high chair, most of those cover songs are posted without permission from the song’s copyright holder—meaning they’re infringing someone’s copyright.
Can you just cover a song without permission?
As a songwriter, I’ve always been under the impression that the composer (or their publisher) of a song has to grant the first mechanical licence to sell the song. Once the song is released, anyone can do a cover of it and sell it without asking permission.
Do song covers count as fair use?
This is not true as the Fair Use Doctrine does not apply to cover songs, as it is only applicable to a work created to comment, criticize, or parody an existing track.
How do I get permission to cover a song?
In the U.S., there are three ways to obtain a mechanical license for a cover song: (1) through the compulsory licensing procedure established by law; (2) from the Harry Fox Agency if they administer the musical composition for the song; or (3) directly from the publisher of the song.
Are covers copyrighted?
Anyone can cover anyone else’s song, and its creator cannot say no (that’s the compulsory part). But if you do cover a song, you must pay a royalty to the song’s creator (that’s the licensing part).
Who owns the copyright when you cover a song?
While you own the recording of your cover song, the copyright owner owns the composition and still give permission for the composition to be used in audiovisual media (this is a separate license from the compulsory mechanical license).
Is recording a cover song illegal?
To record a song for release to the public, a performer must obtain permission from the music publisher of the song and pay a fee, called a mechanical royalty. A mechanical royalty must be paid when songs are reproduced, for example on compact discs or records.
Can I use cover songs in my video?
YouTube recently confirmed again their policy around using cover songs in your video content with the very clear message that: If you’re singing to, or humming along to, or drumming over a copyrighted melody, then the uploader is wide open to receive a copyright takedown.
Can I post a cover song on Spotify?
Of course, it’s not legal to just toss any cover song up on Spotify — you need to obtain the publishing rights first. For artists on labels, Spotify will often clear publishing rights depending on its terms of agreement with the artists’ distributors.
Is it OK to post cover songs on YouTube?
The mechanical license covers reproduction and distribution, but not public performance and display. Therefore, you need a synch license as well as a mechanical license to legally publish a cover song on YouTube (unless the song has fallen into public domain).