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Navigating copyright when covering songs

On Behalf of | Oct 18, 2024 | Entertainment Law |

Millions of people on YouTube cover popular songs or their favorite ones to post on their channels. People also release their cover songs on Spotify and other streaming services. A viral cover song can potentially launch your music career or reignite your popularity. However, uploading a cover song without licenses can result in copyright infringement.

What license do you need to cover a song?

You cannot simply record a song you like and upload it online. You need to obtain the proper licenses based on how you plan to use or distribute your cover song. Each license comes with associated fees. Below are three types of licenses you may need for a cover song:

  • Mechanical license: A mechanical license is the standard license for recording and distributing a cover song. Since this is a compulsory license, you do not need to obtain permission from the song copyright owner.
  • Synchronization license: Sync licenses are necessary in addition to a mechanical license if you plan to upload the cover song with a music video on YouTube. There is no set fee for sync licenses; you may also need to negotiate with the song copyright holder before obtaining one.
  • Performance license: If you plan to perform the song live in a public setting, such as a music festival, you must also get a performance license. A performance license is also necessary if you plan to sing the cover song live on a streaming service.

If you plan to upload your cover song to a streaming service, you may not need to obtain a mechanical license yourself if you work with a digital aggregator or digital distributor. These companies usually have blanket mechanical licenses for streaming services.

Consequences of covering songs without a license

Uploading or performing unlicensed cover songs may result in copyright infringement claims. If you upload on YouTube, the content may get demonetized, muted or blocked. Moreover, three copyright strikes on the platform can result in the permanent removal of your entire channel.

Content or channel takedowns can hurt community and popularity growth as an artist. Whether you work independently or with a music distributor, it is often best to consult a legal professional to avoid potential copyright issues and keep your music legitimate.