Songs are protected by copyright, and if you don’t get the right licenses, your YouTube cover song could be removed and you risk losing your entire channel.
Indie bands do it to get exposure. Fans do it to display their devotion. Parents do it to show off their cute kids.
Thousands of times a month, someone posts a cover song on YouTube. And whether the video is a live band performance or a toddler singing from her high chair, most of those cover songs are posted without permission from the song’s copyright holder—meaning they’re infringing someone’s copyright.
If the copyright owner complains, YouTube may remove your video. And if you’re a repeat offender, your YouTube channel—and all its data—may be permanently deleted. In rare instances, you might even be sued for copyright infringement.
To avoid problems, you can obtain licenses that allow you to post the music and an accompanying video.
Here’s what you need to know about music copyrights and the type of licenses you need.
Copyright laws for music
Songs are creative works that are protected by copyright law. To copyright songs or copyright music, songwriters need only record their compositions in some tangible way, including on paper, film, tape or digital media. The copyright doesn’t have to be registered and the work doesn’t have to include a copyright symbol. That means that any song that’s been recorded is (or once was) protected by copyright.
The copyright in a musical composition is originally held by its creators—the composer and lyricist—but songwriters typically transfer their copyrights to a music publisher who will help promote the song, administer royalty payments and enforce the copyright.
A song copyright gives its owners a group of rights, including the right to publicly perform the song, to make a derivative work based on the song, to reproduce the song, to distribute copies, and to publicly display the song.
All songs published in 1922 or earlier are in the public domain, meaning they are no longer protected by copyright and can be used by anyone. For all other songs, you can’t legally perform or distribute them on YouTube unless you obtain a license.
Cover song licensing
Once a musical work has been published, anyone can record a cover version of the song by obtaining a mechanical license. A song is published when copies or recordings are distributed to the public for sale or rent. A live performance is not publication.
The song’s copyright owner must give you a mechanical license if you pay a royalty fee based on estimated revenue from your cover song. You can obtain a mechanical license through the Harry Fox Agency.
The mechanical license only covers the audio portion of your YouTube cover. To post video along with the song, you’ll need a synchronization license, also called a “sync” license. You must negotiate a sync license with the copyright holder. While copyright owners must grant mechanical licenses, they are not required to give you a sync license, nor is there a set fee for the license.
The good news is that many music publishers have already made agreements with YouTube that allow their songs to be used in exchange for a portion of the ad revenue generated on YouTube. You can find out if there is already an agreement in place for the song you want to use by contacting the music publisher directly.
Consequences of posting a cover song without a license
The consequences of posting a cover song without a music license depend on the copyright holder.
Some copyright owners don’t mind YouTube covers—they increase a song’s exposure and may introduce a new audience to the songwriters’ or original performers’ music. If songs are posted by fans, a band isn’t likely to risk alienating them by taking down their videos.
Other copyright owners object to unlicensed use of their work. A few years ago, Prince famously had YouTube remove a video that showed a toddler dancing to one of his songs.
If a copyright owner objects, YouTube may remove your video, or it may negotiate a deal for the copyright owner to obtain revenue from ads that appear on YouTube. If YouTube removes the video for copyright issues, it will also place a strike against your YouTube channel. After multiple strikes, YouTube will delete your channel, along with the videos, subscribers, likes, views, and comments. If you’ve worked hard to cultivate your channel, this can be devastating.
YouTube cover songs are fun and can offer great exposure for up-and-coming musicians. But before you post a cover song, it’s important to understand the licenses you’ll need to do it legally. And it’s wise to get those licenses before you spend a lot of time and money recording your music video.
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FAQs
The consequences of posting a cover song without a music license depend on the copyright holder. Some copyright owners don't mind YouTube covers—they increase a song's exposure and may introduce a new audience to the songwriters' or original performers' music.
How do I legally post a cover song? ›
Here are five steps that you should take if you plan to legally record and release a cover song:
- Step 1: Secure the proper licenses to reproduce and distribute the original composition. ...
- Step 2: Get a unique code to distinguish your recording. ...
- Step 3: Unlocking your royalties and getting paid.
1. You Don't Need Permission to Cover a Song. A common misconception in the music industry is that you need to receive permission from the original composer in order to record a cover version of their song. However, US copyright law makes it much easier than that for artists wishing to cover a piece of music.
How do cover bands avoid copyright? ›
From a legal standpoint, any band can cover a song during a live performance, as a result of blanket licenses obtained and paid for by venue owners to performance rights organizations (PROs) such as SOCAN in Canada and ASCAP or BMI in the United States.
What's considered fair use? ›
For example, in the United States, copyright rights are limited by the doctrine of "fair use," under which certain uses of copyrighted material for, but not limited to, criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair.
Can you get copyrighted for using a cover song? ›
A cover song needs to get permission, or a license, from the copyright holders in order to record it or use it in any way. Once you create a licensed cover and record it, it is now copyrighted and you can register your copyright.
Do artists make money from covers? ›
If you record a cover version, there is a certain "mechanical royalty" that goes to the original songwriter. Once this cover version has been recorded and released, the cover artist can make money from the sales of this new version.
Is it OK to do covers of songs? ›
If you perform a cover song, make sure you have permission from the copyright owners (i.e., songwriter and/or music publisher). You may need additional licenses to reproduce the original sound recording, include the song in a video, or display the lyrics. Learn more about covers here.”
What is considered a cover song? ›
A cover song is a new recording of a previously released song that someone else wrote.
Can cover bands get in trouble? ›
Performing cover songs can be a lucrative gig—especially if you're good. But if you haven't paid royalties or secured the rights to perform them, you could be in trouble. An original song is a great example of copyrighted material.
Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright. Of course, the shorter you can make the clip, the stronger your argument for fair use protection.
How much of a song is fair use? ›
Fair Use Length Guidelines
| Printed Material |
|---|
| For Presentation or Project | Up to 10% or 3 minutes, whichever is shorter |
| Music/Audio |
| Classroom Listening | Allowed for educational purposes. |
| For Presentation or Project | Up to 10% or 30 seconds, whichever is shorter. |
20 more rowsSection 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
What are the 6 examples of fair use? ›
Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be ...
What are the 4 fair use exceptions to copyright? ›
Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
Can an artist do a cover of their own song? ›
Once an artist releases their musical work, anyone can create and distribute their own sound recording of the work (i.e. release a 'cover') as long they secure a mechanical license and pay the owner of the musical work a 'mechanical royalty' (currently 9.1 ¢ per copy of the song).
Can I sell my cover song? ›
In order to sell a cover song, two broad things need to happen: You need to obtain a license to sell an distribute the song. The license you need (in the US at least) is called a mechanical license. You need to pay the original song owner royalties on each song distributed in any way.
How much does 1 million Spotify streams pay? ›
For instance, based on my knowledge, as an artist, you will make: The average price per stream is $0.004. $4 for every 1,000 streams. $4000 for each million streams.
How do cover songs make money? ›
TV Royalties
The cover song can end up making it on a movie, TV show or even a commercial. Once there, you can earn some cash via the SAG-AFTRA royalties. The amount of money you can earn from SAG-AFTRA is nothing to scoff at. Some residuals earnings go us as high as 10,000 a month.
Do I need a license to release a cover song on Spotify? ›
You will require a sync license if you intend to legally publish an impeccable cover video. To pair their song with compelling visuals, you must obtain permission from the publisher. Even if you want to release a cover song along with just one image or a slideshow video, a sync license must be obtained.
To remix a song legally, you'll have to get permission to use the song from the original songwriter(s), publisher(s) and owner(s) of the song recording. This is the best route to avoid any legal trouble.
What are the benefits of covering songs? ›
Simply put, covers are just as fun to hear and share as they are to make. As King continued, “if done with creativity, imagination and skill, a cover version can help us 're-hear' an original song in new and thrilling ways.” “Re-hearing” a cover song appeals to our minds on a basic psychological level.
What is most covered song ever? ›
According to Guinness World Records, “Yesterday” has the most cover versions of any song ever written. The song remains popular today with more than 1,600 recorded cover versions. Broadcast Music Incorporated (BMI) asserts that it was performed over seven million times in the 20th century alone.
How many songs cover an hour? ›
A good rule of thumb is 15 songs per hour. A typical wedding reception will see about 3 hours of dancing after dinner and all the formalities are over.
How much of a song can you use under fair use? ›
There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circ*mstances.
