Cover songs can easily be found on YouTube, Spotify, SoundCloud, and many other social platforms. Every time you listen to them, you may have a fresh enjoyment, for they are remade and recorded differently from the original song, like using a new tune or changing the style.
Though covering songs is common, it does not mean that you can do it without permission. In fact, the proccess of remaking music involved copyright issues. And you’d better learn basic knowledge about it, especially if you want to publish the cover song online. According to The Music Modernization Act, the royalty payment to music work owners was updated by 2021, including works that play via streaming media services. Learn the new rules so that you can avoid copyright infringement.
Need a guide to cover songs legally? Here it is.
Is It Legal to Cover a Song?
Yes, it’s legal. The main point here is that you cannot do a cover song without permission.
Quoted from the Copyright Office, the official government agency that handles copyright ownership issues, all music works are copyright protected since day one they are recorded. The rights of a song owner include selling, distributing, reproducing, performing, and displaying his works. It should be noted that the song owner has exclusive rights to decide who can and how to modify their original creation. For example, remixes, cover versions, mashups, sampling, and translations are considered as derivative works and require permission from the song owner.
To sum up, covering a song is legal, just you need to get permission to stay out of copyright disputes.
How to Cover Songs Legally?
Well, let’s get to “how.” In this part, I will explain the legality of cover songs, the things you need, and specific steps based on different use cases.
Step 1.Get Licenses/Permissions for Covering Songs.
First of all, to be clear, you don’t always need song copyright holders’ permission to cover songs. Instead of contacting the holder with difficulty, you can get a license from licensing agencies.
Learn more: A licensing agency is an organization to helps manage usage permissions for artists, songwriters, and producers. Tasks include issuing licenses, collecting royalties, facilitating agreements, and others.
Well-known Examples:
- Harry Fox Agency (HFA)
- BMI (Broadcast Music, Inc.)
- ASCAP (American Society of Composers, Authors, and Publishers)
- SESAC (Society of European Stage Authors and Composers)
Normally, you will need a mechanical license, a synchronization license, and performance rights to cover a song. But, among them, the mechanical license is a must.
What is a mechanical license? It is a license type that grants permission for the reproduction and distribution of a copyrighted musical composition. People who want to cover a song and distribute it in a physical CD or digital format will need a mechanical license.
Then, what is a synchronization license? A music sync license is a type of copyright license to grants permission to release songs in a video format, such as a film, TV show, game, or online video. If you want to publish your cover songs as a video, like to publish it on streaming service platforms (YouTube, Ins, TikTok, etc.), you should get a sync license so that to do it legally.
As for performance rights, if you want to perform your cover song in public, you should get them from Performance Rights Organizations (PROs).
Differences
What for
Best to obtain from
Mechanical License
Allows to release cover a song on digital platforms or physical records. But, the music user shoould use the same lyrics and almost the same melody as the original recording.
Harry Fox Agency Songtrust
Synchronization License
Allows to release a song in video formats. Filmmakers, advertisers, game developers, and content creators need it.
Songtradr Audio Network Musicbed
Performance Rights
Allows users to do public performances of copyrighted music, including live performances, broadcast performances, and digital streaming.
BMI ASCAP SESAC
How to get a mechanical license from a licensing agency?
1) Choose an agency for buying a mechanical license.
2) Identify the copyright owner of your cover song.
You can find the publisher information on the following website:
U.S. Copyright Office
ASCAP
SESAC
3) Register an account on HFA and then log in.
4) Select the song you want to cover and submit your license request.
You can use its online tools like eMechanical.
5) Check the licensing fees then pay.
The cost varies according to demand. However, it is calculated based on the Statutory Mechanical Royalty Rate. Currently, the rate is about 12.4¢ per song or 2.38¢ for each minute.
Some extra fees include HFA's processing fee, special use fees, and others.
6) Receive your license.
This info you should watch out for: the licensor, song name and ISRC, the scope of rights granted, number of copies, duration, obligations, and terminations.
Tips: The mechanical license is only effective in a certain region. If you want to release your covers in different countries, you need to get licenses for each place you distribute.
Step 2.Record and Make Your Cover Song.
As you get the using right, you can start making a cover with your personality. There are some tools needed.
a. Vocal Remover
This software will help isolate the original human voice and then get rid of it.
Alternatively, you can also use an instrument extractor/stem splitter to obtain specific accompaniment sounds.
Kingshiper Vocal Remover is an effective tool to provide both features. It’s easy to use, which allows you to process the song in one click.
Next, once the accompaniment track is done, you need to use your own voice to fill in the entire song. Using a voice recorder software will make this step easier.
c. Adobe Audition
A powerful DAW for precise cutting, trimming, arranging of audio clips, and noise reduction.
Step 3.Embed ISRC, Copyright Notice, and Other Info in the Metadata of Your Audio File.
For better identification, you should edit the metadata of your cover song. Metadata is not a part of the audio content, but will display info when you check properties of the file. You can use Audition or Audacity to edit the metadata.
Info needed to be embeded.
1) International Standard Recording Code (ISRC)
ISRC is a code to mark sound recordings and music video recordings. It’s important to all released music because it makes tracking and royalty calculation available. When publishing the cover, streaming services will read and track the ISRC code.
How to get your own ISRC code for the cover song? You need to find the national ISRC agencies. In the US, you can get one from RIAA. As for other countries, like the UK, you should go to PPL.
2) Original Artist
It’s better to clarifiy the original version of your cover for copyright compliance.
3) Publisher
Listing the publishing company of the original song will help with licensing and rights management.
Step 4. Post and Distribute Your Cover Song Legally.
Everything looks good. The cover is recorded, and with legal usage permission. It’s time to let people know your work.
There are three common options to do it:
Digital distribution - releasing your cover song on streaming platforms like Spotify, Apple Music, etc.
Music video release - post your cover song on YouTube, TikTok, Ins, and other social media platforms.
Physical album release - release your cover as CD, vinyl, etc.
Tips:
1. To distribute digital cover songs on streaming platforms, you need to follow the policies. The policies of the same platform may vary depending on regions. Spotify requires a mechanical license in the US and Canada. You can find a reliable digital distributor to handle the process.
2. When posting your cover on YouTube, you should get the mechanical license and synchronization license ready to avoid copyright issues.
Step 5.Pay Royalties to the Artist or Songwriter.
Money may come after you release the cover song. You need to pay royalties to the original creator of the song so that you can earn from covering songs legally.
In most cases, the licensing agency or distributor will track sales and streams of the cover and help with the payment.
How to Choose Songs to Cover?
Love ranks first, of course. If you don’t like a song, your cover performance may not touch the audience.
Another factor to consider is your vocal. It’s better to choose pieces that highlight your strengths.
Besides, look at current music trends and what’s popular. Covering a trending song can increase your cover song visibility.
Watch Out For Covering a Song
1. Using a disclaimer to credit the original music owner doesn’t shield you from copyright issues.
2. Newly released, old, or unreleased music is protected by copyright law. Notes and lyrics are as well. It's best to get all things authorized.
3. Even for public welfare and non-profit purposes, you should obtian licenses.
4. Whether a song is protected by copyright or not, don't just focus on one region. Each country has its own copyright laws and procedures. In other words, a song may not be protected in the United States, but it may have copyright elsewhere. International infringement may lead to huge lawsuits. If you don’t want to be in this case, check twice.
FAQs
Q1: How much does it cost to legally cover a song?
About $10 to $100. The cost includes licensing fees, a mechanical royalty of about 9.1 cents per physical copy, and distribution fees typically.
Q2: Can I cover a song on social media?
Yes, you can. But you still have a chance to get involved in copyright infringement disputes if you don't pay attention to licensing agreements.
Q3: How to check if a song is copyrighted?
Use online databases like the U.S. Copyright Office's Public Catalog to search. Or you can check on some licensing platforms.
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