How to Legally Cover a Song: A Musician’s Guide to Copyright
Learn how to legally cover songs while respecting copyright and protecting your music career. This guide breaks down essential steps every musician needs to take before releasing a cover song.
by Mike Fink via Bandzoogle
A good cover can give new life to a song. From The Beatles covering The Shirelles to Johnny Cash’s haunting twist on Nine Inch Nails’ “Hurt,” cover songs have a long history of cultural impact.
When it comes to your own music career, covering another musician’s original song can be a great way to reach new audiences. New fans get the chance to discover your unique musical style while enjoying something familiar that they can sing along with. But if you want to record your own interpretation of a classic, it’s essential to make sure you’re covering music legally.
Covers require specific licenses before you can share your reimagination of a song with the world. If you’ve got questions about obtaining cover licenses, read ahead to learn everything you need to know about covering a song legally.
Why covering a song legally matters
Covering songs with proper permissions is necessary for avoiding cover copyright issues. Here’s a rundown of what requirements exist for covers, along with why legal song covers are important for showing appreciation to the original artist.
Avoid copyright infringement issues
Copyright laws play a critical role in protecting musicians’ rights, ensuring all songwriters receive fair compensation for their labor. Just as you’re entitled to royalties on songs you own the publishing rights for, so too is the copyright owner of your cover’s original composition. Copyright-compliant cover versions of a song require a mechanical license that allows you to reproduce — as in, record your own version of — the composition.
Music licensing for covers depends on the scope of your song’s distribution, so you might need additional licenses for different platforms. For example, musicians who have obtained mechanical licenses — but not permission to share a cover’s video on social media — have had the videos taken down. If you’re diligent and ensure you’ve gotten all necessary licenses, you can avoid getting a copyright infringement notice or violating certain platforms’ terms.
Respect for original artists and creators
A powerful cover song can stop the original artist in their tracks. For example, Whitney Houston’s beloved “I Will Always Love You” is actually a cover of a Dolly Parton song. Parton has said that she was so overwhelmed with emotion when she heard Houston’s cover that she had to pull her car over. If you want that kind of positive reaction, releasing an authorized cover version, with all required licenses, is the first step.
It may surprise you to learn that you don’t need explicit permission from the original artist if you want to cover a song. As long as you’ve obtained the correct licenses, notified the copyright owner, and paid the required royalties, you’re legally covered. At the same time, if you’re covering an artist’s song, you presumably admire their work and want to give credit where it’s due. Going through the proper legal channels shows that you’re a professional who’s committed to a respectful song cover process.
3 steps to legally cover a song
Properly licensed cover songs can open up a world of new opportunities while guaranteeing your work is legally compliant. Below, you’ll find a step-by-step guide to getting rights for song covers.
1. Choose the song you want to cover
Covering a song means more than simply singing your favorite lyrics to a completely new musical arrangement. Copyright-friendly song covers must also adhere to a structure and not stray too far from the original melody. That said, covers offer a broad spectrum of possibilities for reinventing a song.
Some artists might use a cover as an opportunity to emphasize a certain emotional tone that’s already present in a song. For example, Patti Smith’s cover of Neil Young’s “After the Gold Rush” underscores the song’s somber spirit. Other artists remake songs in their own style, which could differ drastically from the original, as with Sid Vicious’ cover of Frank Sinatra’s “My Way.” Whichever angle you choose to take, there’s no right or wrong creative approach.
2. Determine the song’s copyright status
Once you’ve selected the song you want to cover, you’ll determine who owns the copyright, if anyone. Some songs are considered public domain and are free to use, such as any songs published before 1928.
To find out whether a song has copyright protections or not, you can use search tools such as the U.S. Copyright Office’s online portal. You can also find databases of music copyright information through the American Society of Composers, Authors, and Publishers (ASCAP).
3. Obtain the necessary licenses
If you’re planning to record your cover song, the most important step in a legitimate song cover process is getting a mechanical license. This type of license represents an agreement between you and the song’s copyright owner to release an audio recording of the original composition. This includes physical copies of your recording, such as vinyl or CDs, as well as digital downloads of your cover track.
If you want your cover song to get played on streaming services, though, you’ll need a separate streaming license. Depending on the platform you’re streaming on, though, you might not have much work to do here. For example, Spotify takes care of the streaming licensing fee on your behalf. Still, it’s always a good idea to be on the safe side and double-check that you’ve done your due diligence in getting the right licenses.
Additionally, your cover song will need a unique International Standard Recording Code (ISRC) so distributors can differentiate your version from the original. The ISRC system was designed to categorize individual recordings so that all entities owed royalties ultimately receive them. These codes can only be obtained from official ISRC Managers, appointed by the Recording Industry Association of America (RIAA).
If you plan to use your cover song in a video recording, you’ll also need to obtain a synchronization license, aka a sync license. This grants permission to use a copyrighted composition in visual media, such as a DIY music video for your cover song. If you’ve got dreams of a music placement opportunity for your cover, a music licensing agency can also help you obtain a sync license.
How to apply for licenses
Below, you’ll find details for all the logistics involved with getting everything you need for a correctly licensed music cover.
Contact the copyright holder or licensing agency
If you can’t find the contact information for a song’s copyright owner, you can try services dedicated to lining up licensing agreements. For example, organizations such as the Harry Fox Agency (HFA) and Easy Song Licensing handle thousands of catalogs for major music publishers. They also operate user-friendly online systems for requesting mechanical licenses.
Complete the necessary paperwork
When you’re applying for a mechanical license, there’s some basic information you’ll be asked to include on your application requesting the license. This can include the song’s exact original title, names of the original songwriters, and the artist who first performed the song. Once your license application has been approved, you’ll pay a royalty fee based on the statutory mechanical royalty rate.
If you’re working with a third-party organization to obtain a license, they may ask you to pay this royalty fee upfront. This is usually calculated based on how many copies or downloads of your cover you expect to sell.
Recording and distributing your cover
After you get all your required licenses in order, you get to enjoy the fun part: recording your cover song. Respecting the original music in cover versions is key, whether you’re putting an unexpected twist on a song or sticking to the original style. One simple way to honor the original artist is to use the right tools so your cover song sounds professional and polished. For instance, using a high-quality audio interface in your home studio can give you a crystal-clear final recording.
When you’re ready to share your cover, you’ve got a few options, such as popular streaming platforms. It’s important to give the original artist credit in the cover song details, along with licensing information, before you upload.
YouTube is another option for reaching fans with your cover song, but its licensing rules can get a little tricky. To counter any issues, it could help to flag your song as a cover through YouTube’s Content ID system. This alerts the songwriter of your cover and lets them grant permission to keep your cover video up or ask you to remove it. When you release your cover, it’s key to register the master recording so you can receive royalties yourself.
Share your unique cover song with fans everywhere
A high-quality cover song is a great way to reach a new audience and pay homage to your favorite artists. Covering songs ethically ensures you’re respecting the original artist and abiding by all copyright laws.
Once your cover is recorded and ready, you can share it with the help of DistroKid. Enjoy unlimited uploads to major streaming platforms such as Spotify alongside help with streaming licenses. You’ll keep all your earnings from your master recording – after all the hard work and creativity you’ve put into your cover, you deserve it.
