What Permissions Do You Need to Cover a Song?
Understanding the legal and practical aspects of covering and performing songs is crucial for any artist or music creator. This article aims to provide clarity on the necessary permissions and copyrights involved in recording, performing, and distributing cover songs.
Recording a Cover Song: What You Need to Know
When it comes to recording a cover song, you don’t necessarily need permission from the copyright holders to make a recording of the song. According to copyright law in the United States, once a song is published, anyone can reproduce and distribute that published version of the song without permission from the copyright holders, as long as it is commercially released.
However, there are situations where you do need to obtain permission or pay royalties:
Physical Media: If you are producing physical copies of your recording, such as CDs or vinyl, you must obtain a mechanical license from the copyright holders. This license allows you to reproduce and distribute the song. Public Performances: If you are performing the song in public, such as at a live concert, you may need to obtain a public performance license from organizations like ASCAP, BMI, or SESAC, depending on the venue and audience size. Digital Distribution: If you are uploading the song to platforms like YouTube, you must ensure that you are properly crediting the song's songwriter and potentially paying royalties through a performance rights organization. Currently, there is no statutory rate for YouTube, but it can take over 50 plays for the writer to earn $1.00.A Historical Example: Sugar and Spice and The Cruel War
The story of the Canadian band Sugar and Spice and their cover of "The Cruel War," a song by Peter Yarrow of Peter, Paul, and Mary, offers a cautionary tale about the importance of obtaining the necessary permissions.
Without Permission: The band recorded the song and released it, labeling it as "Public Domain" on the label.
The Consequence: The song was a major hit during the Vietnam War era. However, the labeling as "Public Domain" was a mistake. Peter Yarrow, who had a role in the song's composition, took action to stop the release due to the lack of proper licensing. This led to the record being pulled from airplay and becoming a collector's item. The few copies that were pressed are now highly sought after by music enthusiasts.
Your Own Experience: Keep Me Hanging On
My own experience with recording a cover of "Keep Me Hanging On" in the 1980s highlights the importance of obtaining proper permissions and giving due credit to the original songwriter.
Getting Permission: We ensured that we obtained the necessary permissions and credited the song's writers on the label.
The Result: Though the song performed well on the radio and was played nationally, it didn't achieve widespread commercial success. The song's B-side, an original composition by our keyboard player, was a standout, and we ensured to give him the due credit on the label.
Lessons Learned and Final Thoughts
The key takeaway from these examples is the importance of respecting the rights of songwriters and following the legal processes when covering and performing their songs. Whether recording, performing, or distributing a cover, it is crucial to obtain the necessary permissions and to give the songwriter the credit they deserve.
Understanding the nuances of these requirements can prevent costly legal issues and ensure that both the creator and the songwriter receive the recognition and compensation they deserve. By adhering to these guidelines, you can contribute to a more fair and ethical music industry.