Covers on YouTube have become a heated topic in the music business in recent months, as record labels and publishing companies have started to aggressively enforce their copyrights, leading to an increase in video take-downs and in some cases, lawsuits. So, how do you post a cover song to YouTube legally?
To find the answer, we must understand the two main copyrights in a song: one in the composition lyrics and music , and one in the sound recording. Then, every time your cover version is sold or reproduced, you or your record label must pay the statutory royalty fee for that song currently 9.
But a mechanical license is not enough. The original artist holds certain rights in the song under copyright law, including the exclusive right to reproduce, to prepare derivative works, to distribute copies, to publicly perform, and to publicly display the work.
A public performance or display of a work does not of itself constitute publication. In order to distribute and sell your own version of that cover song, you have to secure what is know as a mechanical license from the publisher of the song, and pay them the appropriate mechanical royalties.
So while you absolutely MUST acquire the necessary mechanical license for a cover song before you press CDs or sell downloads, that license is meaningless when it comes to the video you want to post on YouTube. As entertainment attorney Christiane Cargill Kinney says:. Assuming that a single license is going to cover you for every usage of the song is kind of like assuming that your doctor will accept pet insurance to treat your laryngitis.
Are they getting sued? Are they having their videos smacked with a copyright violation notice or take-down request? Occasionally, yes. But by and large, no. Why not? Well, YouTube has developed a monetization system to allows rights holders and content creators to bypass the usual licensing process for cover song videos.
Getting a sync license or synch license from the publisher of the song allows you to pair their composition with moving images in your cover song video. You just need to negotiate with the publisher. Since the publisher holds all the cards in this circumstance, they can ignore your sync license request.
They can tell you to take a hike. They can say, sure you can post a cover video of our song, as long as you pay us a bazillion dollars. You can watch the video below but here are the main takeaways:. YouTube confirms that for every song or musical composition there are two sets of copyright: one belongs to the songwriter or the songwriting team behind the melody, the ones that wrote the music and created the lyrics.
The second copyright protection is for the artist and covers the recording and performance of that song. Adding lyrics over a background image to a licensed song without permission is also a big no.
The publisher protects the songwriter and that includes the use of the music or lyrics on YouTube. If, as a creator, you use clips from that master without seeking written permission, then you may attract a copyright takedown. This includes using snippets in a remix, or singing or playing an instrument over it. Creators will often dispute a copyright takedown by arguing that they recreated the song by playing all the instruments themselves, or recorded a new voice track.
But if the musical composition was used then the publisher or songwriter has a valid claim.
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