Are Cover Songs Legal? The Importance of Licenses and Royalties
The legality of cover songs hinges on whether the artist has obtained the appropriate licenses and paid the necessary royalties. Contrary to common belief, profit is not the determining factor. This article delves into the legalities surrounding cover songs, clarifies the role of performance licenses and mechanical rights, and outlines the procedures involved in obtaining a cover song license.
Understanding the Legalities
Cover songs, like many forms of music, are protected under copyright law. To perform or distribute a cover song legally, the artist must secure the proper licenses and pay royalties. This is true regardless of whether the artist is making a profit. The principle is clear: adhering to copyright law ensures compliance and avoids potential legal issues.
No Profit, No Implied Legality
The notion that no profit guarantees legal compliance is a misconception. Even if the band or individual is not making a profit, they still need to obtain the necessary licenses and royalties to legally cover and perform copyrighted songs. This is because copyright law is designed to protect the original creators and their rights, irrespective of the artist's financial gains or losses.
Performance Licenses and Mechanical Rights
For performing cover songs, a performance license must be obtained. This license is typically granted by organizations such as ASCAP (American Society of Citation and Performing Arts). ASCAP collects licensing fees and distributes royalties to songwriters and publishers. Securing a performance license ensures that the band has the right to play the copyrighted music during live performances.
In addition to performance licenses, obtaining mechanical rights is essential for recording and distributing cover songs. Mechanical rights are necessary for making and selling physical or digital copies of the covered song. These rights are often managed by companies like Harry Fox Agency in the United States.
Legal Considerations When Distributing Copies
Holding a performance license is not sufficient if you intend to record and distribute copies of the cover song. Even if you plan to provide the copies away for free, a cover song license is still required. The license fee for distributing copies is often minimal, typically only a few cents per copy. For example, if you plan to make 100 copies, you might only need to pay $10 in royalties.
When distributing copies, you need to ensure that you have covered all the necessary bases and have the proper licenses. This includes obtaining mechanical rights and sending the appropriate royalty payments. If you are unsure about the licensing requirements, services like Easy Song Licensing can help you navigate the process. They can provide the necessary assistance in obtaining the licenses, calculating the royalty amounts, and ensuring that all payees receive their due royalties.
Example of a Cost-Effective Solution
Suppose you plan to record and distribute 100 copies of a cover song. The total cost for the license and royalties can be as low as around $10. If you make 1,000 copies, the total cost might rise to $100. While it is a minimal cost, it is an important one to bear in mind. Easy Song Licensing can help you manage this process efficiently, and they often charge only a small fee for their services, around $15.
Conclusion
While the legality of cover songs is not solely determined by profit, adhering to copyright laws is crucial for any artist playing or distributing copyrighted music. Performance licenses and mechanical rights are essential, and even when providing copies away for free, a cover song license is required. By obtaining the necessary licenses and paying the appropriate royalties, artists can ensure they operate within the bounds of copyright law, thus avoiding potential legal issues and ensuring a smooth path for their music.
Remember, the rule of thumb is: always obtain the required licenses and pay the necessary royalties, regardless of profit margins. This not only protects you legally but also respects the rights of the original creators.