How to Legally Post Covers of Songs on YouTube Without Copyright Infringement
Understanding the Basics of Copyright and Mechanical Licenses
When posting covers of songs on YouTube, it is crucial to understand the basic rights involved, including recording rights and writer’s rights. Unlike recording rights, which you have control over when making a cover, writer’s rights can pose significant legal challenges. If you want to legally upload a cover without getting sued for copyright infringement, you need to obtain the appropriate licenses.
Identifying the Owner of the Copyright
To determine who owns the writer’s rights to a song, you can look for copyright notices on sheet music or search online databases. For additional safety, you can directly contact the publishing company that holds the rights. However, it’s important to note that many online covers have not purchased the necessary licenses and may be violating the writer’s rights. Channels with large followings tend to follow proper procedures, but smaller channels often skip obtaining the necessary permissions.
License to Perform Your Cover
Performing someone else's song is considered a derivative work, and the rights to create and distribute such works belong to the original copyright owner. Therefore, you must purchase a license if you want to legally post a cover on YouTube.
One of the easiest ways to license a song is through the HFA (Horgia) website. This website provides a straightforward process to obtain a mechanical license, which allows you to recreate and distribute the cover version of the song. After you acquire the license, you can record yourself performing the song and post the video without editing, as performance videos usually fit within the guidelines of a mechanical license. If you create an edited music video or use the song as background music for a narrative video, you will need a different type of license, which can be more expensive and challenging to obtain.
Handling Copyright Infringement Claims
Despite your best efforts, if a copyright holder finds your video, they may contact you and send a takedown notice. To mitigate this risk, keep your mechanical license PDF on file. When you receive a copyright claim or strike appeal, you can pay the demanded royalties or remove the video and all versions of it from the web.
Conclusion
By thoroughly understanding the legal requirements and following the steps outlined above, you can confidently post covers of songs on YouTube without fear of copyright infringement. Remember, the key is to obtain the necessary licenses and prepare for potential copyright claims.