Do You Need a License to Make Cover Songs Even if You Aren't Publishing Them?

The age-old question: Do you need a

even if you aren't planning to publish your music? The answer is yes, and we'll explore why and how to obtain one in this article.

Why You Need a License

Whether you're planning to distribute your cover songs or not, you need a license to legally produce them. In the United States, music owners and composers hold the rights to their songs, including the right to exclude others from making derivative works. A cover is considered a derivative work, and to avoid legal issues, you must obtain the appropriate license.

Types of Licenses for Cover Songs

Mechanical Licensing

The process of obtaining a mechanical license involves paying a fee, and the rate is relatively low. For each copy you plan to make, you only pay 9 cents for the mechanical license. If you're making just one copy, it's 9 cents. If you distribute 100 copies, the cost will be 90 cents. This fee covers the right to reproduce and distribute your cover song.

Companies like Easy Song Licensing can handle the entire process for you. They will research the publishers involved, send the necessary notices, calculate the royalties, and distribute them. They typically charge a low fee, around $15, to manage this process.

Governing Laws and Fair Use

If you're recording a cover song for your personal enjoyment or as a demo to market yourself to private individuals, no licensing is required. However, if you plan to distribute more than a few copies, you must obtain the proper license. Publicly performing the song in front of a group of friends might also require a license, especially if it's 200 or more people.

Practical Considerations and Legal Risks

The decision to obtain a license depends on your intentions. Recording a cover song for personal enjoyment is unlikely to attract significant legal attention. However, if you plan to share digital copies or perform the song publicly, you should consider the potential legal risks.

Putting your cover songs on a public video site has been a trigger for copyright owners to pursue lawsuits. Therefore, if you're sharing your music online, it's prudent to get the necessary permissions to avoid potential copyright infringement claims.

Summary and Final Thoughts

In conclusion, even if you're not going to publish your cover songs, it is necessary to secure a license to legally produce them. The process, while requiring a small fee, is straightforward and can be managed by services like Easy Song Licensing. Obtaining the proper license is essential to avoid any legal issues related to copyright infringement. Whether you distribute a few copies among your friends or upload your songs to a public platform, ALWAYS get the necessary permissions to ensure compliance with copyright laws.

Understanding the legal aspects of cover song production is crucial to protect yourself and your creatives. Always seek professional advice when in doubt. Safeguarding your work and your rights is key to a successful music career.

Remember, anything you distribute should be licensed, even if it's just for personal use. The laws are in place to protect the rights of songwriters and composers, so it pays to play by the rules.