ALL ABOUT UNAUTHORIZED COVER SONGS
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What are cover songs?
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Cover songs are renditions of existing songs. It is recorded or performed not by the original composer of performer, but someone else. Hence, the term “cover” songs.
How Covering Copyright Songs Infringe Copyright
You can create a cover song without infringing on copyright as long as you obtain the necessary permissions and licenses from the copyright owner(s), such as a mechanical license for distribution and a public performance license for performances.
Mechanical licenses can be obtained from the copyright holder (usually the songwriter or music publisher) or through a licensing agency, such as the Harry Fox Agency (HFA) in the United States.
YouTube has an automated system called Content ID that detects copyrighted material and may result in your video being blocked or monetized by the copyright owner.
These licenses are usually managed by Performance Rights Organizations (PROs) and are often covered by the venue hosting the performance.
You can sell your cover songs on platforms like iTunes or Spotify as long as you have obtained the necessary mechanical license, which grants you the right to reproduce and distribute the copyrighted musical composition.
Whether a cover song qualifies as fair use depends on the specific case and factors such as the purpose, nature, amount, and effect of the use on the potential market for the original work.
All artists must seek permission to post a cover song not in the public domain on their YouTube channel.
The artist must define all intended uses and compare them with the exclusive rights of the copyright in order to ensure that the song is being used legally.
Attempting to make contact with the rights holder does not mean legal permission is automatically granted.
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Consult an intellectual property law attorney
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Locate the copyright owner
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Contact the copyright owner
Pay royalty fees