Introduction

Releasing a cover of a popular song can be exciting, but it requires careful consideration of the legal aspects. This guide will help you understand the necessary permissions and procedures for legally releasing a cover song.

Understanding Copyright Ownership

When it comes to releasing a cover song, obtaining the appropriate permissions is crucial. Typically, the performance venue handles the licensing for live performances, while the band is responsible for obtaining a mechanical license from the copyright owner, not the original artist.

The Role of Mechanical Licensing

Recording a cover song requires a mechanical license. This license is needed to obtain the legal right to make a recording of a song. The copyright owner, rather than the original artist, must allow this. The process can be complex and may involve significant fees, as the Harry Fox Agency, a leading licensing service, can provide these permissions.

Copyright Law and Compulsory Licenses

According to US law, after a few weeks of a song being officially released, anyone can obtain a compulsory license to record the song. This means you can legally record a cover of a song as long as you pay the proper fees. The easiest way to secure this license is by paying a small fee to a company like , which will handle the research and payment of royalties on your behalf.

Performing the Cover Live

Performing your cover live comes with its own set of requirements. You need to ensure that the venue you are performing in has a public performance license from a Performance Rights Organization (PRO) such as ASCAP, BMI, or SEASAC in the United States. In the UK, this would be PRS. Without this license, the venue can be shut down and you could potentially lose the venue.

It's important to note that as a performer, you do not get into trouble but the venue will. This public performance license is usually around $500 to $800 annually per PRO.

Posting Covers on YouTube

Posting your cover songs on platforms like YouTube can be relatively straightforward. YouTube has licenses with many publishers, so you generally do not face legal issues for posting covers. However, always ensure that your cover adheres to the platform's guidelines and terms of service.

Conclusion

Releasing a cover song requires careful attention to legal details, but with a proper understanding of the necessary permissions and procedures, you can ensure that you remain compliant and avoid potential legal issues. Whether you're recording in a studio, performing live, or uploading to a streaming platform, following these guidelines will help you navigate the complicated world of cover songs.