Covering a Song for Your Album: A Legal Perspective

Many musicians consider covering a beloved song when creating their album, especially if they don't plan to sell it. But can you legally put a cover song on an album when you aren't planning to sell it? The answer might surprise you.

Understanding the Legal Requirements

The law requires you to pay 9.1 cents for each copy you make or download. For instance, if you make a copy for personal use, keep it at home, and only play it for friends and family, you are within your rights. However, if you plan to share the song with others or stream it, you may need to consider additional legal requirements.

Questions to Ask Yourself

Given the complexity of the legal landscape, it's wise to ask yourself some critical questions:

Will Anyone Notice?

Are you planning to sell the album? Even if you were, do you believe it would be enough to catch the attention of a major artist like Adam Levine or Billie Eilish? While it's possible, most artists don't worry about it because they know that unauthorized covers are far less threatening than piracy or direct competition.

Will Anyone Care?

Minor artists often welcome covers and remixes as free publicity. Major artists typically don't mind if only because it's not worth the legal effort to track down every instance of a cover song. Moreover, if a fan enjoys a cover and shares it, it might even lead to better exposure for the original artist.

However, if you think your version of a song, such as 'WAP,' might outperform the official version, you might need to reconsider. Direct competition could be a different story altogether.

What's the Worst That Can Happen?

Even if a major artist were to notice, the worst-case scenario would likely involve creating a cease and desist letter and seeking fair recompense based on your album sales. If your album has no sales, the artist's legal team would receive zero dollars. The most significant consequence would be that you would need to stop using that song on future editions of the album and refrain from giving away any more copies.

A Fourth Question: Do You Really Care?

Ultimately, you might ask if the legality of the song really matters. If no one cares and there is no financial gain involved, why should you worry? Most musicians relax and let it be unless the situation is serious.

Final Words

While covering a song can be a creative and fulfilling endeavor, it's essential to consider the legal implications. If you're not planning to sell your album and it's meant only for personal or family use, you should be fine. Major artists and their legal teams are more concerned with pirated versions or competition rather than unsold albums or personal covers.

Peace be with you, my friend! Enjoy your music and the artistry that comes with it.