Cover Songs & Copyright Law & Licensing

NeuM

Do you perform cover songs? Do you perform cover songs and sell them online? If so, you might want to have another look at your preferred online distributor's terms of use agreement (and also gain some familiarity with copyright laws and protections and licensing as they relate to recorded works.

For example on Bandcamp they restrict uploading of all cover songs:

What can I upload? Are covers OK? You must own or control all rights to everything you upload. That means covers are out, unless you have a written license or authorization from the artist to upload the cover to Bandcamp and grant us the rights in the terms below. Do not upload cover songs unless you have obtained all permissions and authorizations in writing! These requirements apply regardless of whether you're selling the music or giving it away.

https://bandcamp.com/terms_of_use

And here's a resource on copyright law and the performing arts in the US:

https://www.copyright.gov/registration/performing-arts/

Lawyers are free to post their knowledge and experience here also.

Strigoi

Making covers is actually protected by copyright. You DO need a mechanical license though, or proof that you tried to acquire one and were unable to do so, if you intend to record and distribute that song.

Look around, there are sites that make it easy to get mechanical licenses. Some music distributors may have a built in system for that (Soundrop for example).

NeuM

@Strigoi said:
Making covers is actually protected by copyright. You DO need a mechanical license though, or proof that you tried to acquire one and were unable to do so, if you intend to record and distribute that song.

Look around, there are sites that make it easy to get mechanical licenses. Some music distributors may have a built in system for that (Soundrop for example).

Feel free to provide links to sources cited. I’d like this thread to be a resource for musicians and creators.

jimhanks

I do record covers and post to YouTube. Many have been tagged as copyrighted content but at this point, my YouTube channel isn't monetized, so that doesn't matter to me.

I have gotten mechanical licenses for a few covers on previous Bandcamp releases - which never sold more than a few copies so it was a one time expense to "do the right thing".

Since I've started releasing on DistroKid, I don't put covers on my albums anymore since it is a $12 fee PER YEAR, PER SONG : https://support.distrokid.com/hc/en-us/articles/360013659693-Why-Am-I-Required-to-Purchase-My-Cover-Song-License-Through-DistroKid-
and as I said, I'm not selling enough to make that worthwhile

NeuM

@jimhanks said:
I do record covers and post to YouTube. Many have been tagged as copyrighted content but at this point, my YouTube channel isn't monetized, so that doesn't matter to me.

I have gotten mechanical licenses for a few covers on previous Bandcamp releases - which never sold more than a few copies so it was a one time expense to "do the right thing".

Since I've started releasing on DistroKid, I don't put covers on my albums anymore since it is a $12 fee PER YEAR, PER SONG : https://support.distrokid.com/hc/en-us/articles/360013659693-Why-Am-I-Required-to-Purchase-My-Cover-Song-License-Through-DistroKid-
and as I said, I'm not selling enough to make that worthwhile

Good comments, thanks.

mojozart

This describes the different kinds of licenses:

https://legismusic.com/types-music-licenses-guide/

IIUC, it's the mechanical license that's needed to upload a cover to bandcamp?

https://www.riaa.com/resources-learning/licensing/

https://www.soundexchange.com/service-provider/licensing-101/