Introduction

When producing and posting video content on YouTube, one of the key considerations is whether you can legally use cover songs without infringing on copyright. This article will explore the laws and practical realities surrounding the use of cover songs in YouTube videos, providing guidance on what you can do and what steps you need to take.

Legal Requirements for Cover Songs

The legal requirements for using cover songs in YouTube videos involve obtaining synchronization rights from the rights-holder. A synchronization license is required for any video that includes a musical composition, even if it's just a still image or a short snippet of a performance. The rights-holder, typically a music publisher, controls and administers the copyrights to the musical composition and lyrics on behalf of the composer/songwriter/lyricist. This means that without explicit permission, you are likely violating copyright laws.

Practical Considerations

While you may be able to work within the legal framework, practically speaking, getting permission can be extremely difficult. Publishers are typically not responsive to individual users seeking permission for cover songs in videos. In most cases, you are better off relying on Content ID matching, which is a system used by YouTube to detect and manage the use of copyrighted material.

Content ID and Copyright

Content ID is a tool used by YouTube that automatically matches copyrighted content in videos. If the rights-holder has uploaded their material to Content ID, YouTube will automatically monetize the video and send a portion of the earnings to the rights-holder. This system allows content creators to use cover songs without obtaining explicit permission, provided the rights-holder is part of the Content ID system.

Risks Involved

While the Content ID system is a practical solution, it's important to be aware of the risks involved. If the rights-holder is not using Content ID or disagrees with your use, they can still file a DMCA takedown notice, which could result in copyright strikes for your channel or even legal action. This is a rare occurrence today, but it is still possible.

Best Practices for YouTube Content Creators

Given the legal complexities, it's advisable to avoid using copyrighted material in your videos unless you have obtained the necessary permissions. Instead, consider using copyright-free music, which can be obtained from a variety of sources, such as Bensound. Many free music sites require attribution, so ensure you adhere to their guidelines.

Using YouTube’s Music Library

YouTube also offers its own music library, which you can use for your videos. However, even when using YouTube’s music, you must still give proper attribution.

Attribution and Permissions

For Bensound, you must include a link to their website and mention that the music is from them. YouTube’s automatic audio detection system means you should not assume you can use any music without permission. Even if you're allowed to keep the video, the rights-holder can still earn money from it, but you won't be able to monetize the video. If content is taken down, or you receive a legal notice, you could face severe consequences, including copyright strikes or even having your channel removed.

Conclusion

Using cover songs in YouTube videos is a complex issue involving legal and practical considerations. While the Content ID system provides a practical solution, it's important to be aware of the potential risks. To stay on the safe side, it's best to use copyright-free music or obtain written permissions from the rights-holders. By doing so, you can avoid legal complications and ensure your content remains compliant with copyright laws.