How to Release a Cover Song on Spotify and YouTube Legally
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- Опубліковано 30 лип 2024
- How to release a cover song on Spotify and UA-cam legally.
This is probably one of those videos you want to save, or bookmark on your browser.
This is a simple, yet complete 4 step guide for how to release cover songs.
Resources mentioned in video:
Easy Song Licensing Price Calculator- www.easysonglicensing.com/pag...
We Are The Hits - wearethehits.com/
Songfile - www.songfile.com/
Public Domain Song Database - www.pdinfo.com/public-domain-...
Learn about Neighboring Rights, CMO's, and SoundExchange here:
www.heatonthestreet.com/colle...
For next level music marketing tips, hit that SUBSCRIBE button!
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Band Builder Academy is educating musicians to win influencer support and get official playlists on Spotify and Apple. Let's clean up your music algorithm and apply the latest promotion tactics to your next song or album release!
About Todd McCarty
I'm the industry insider on your team. A former Senior VP of Sales at Sony Music (USA) and long time label manager of large indie label Fearless Records.
Get a quote for working 1-on-1 with me - found.ee/WorkWithUs
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Some publishers not only take your video down but will issue a strike even if you don’t care about being paid. Stay away from Don Henley, Bryan Adams, Led Zeppelin, The Cars.
Thanks for the tip on these. I have heard about some individual artists (or their publishers) being more strict than others. The strike is a bit much in my opinion, and I don't know what basis they are using to justify it with UA-cam.
Agree with all the other comments. You've packed more helpful information in this 10 minute video than I've found everywhere else on the internet.
Thanks for the comment. Hope you check out some of the other videos. 🙌
straight to the point and clear. thank you!
Fantastic video! Appreciate this, thanks!
Thank you for this video! The information was very useful to me as one who is just breaking into this area. Looking forward to learning more through your other videos.
Glad you found me, and thanks for checking out my other videos. :) Todd
Solid info for those new to this aspect of music promotion.
🙌
That’s the best video on UA-cam about this topic. Thank you 🙏🏻
Agree!
Great video again. Definitely subbed
Thanks for the sub! More videos in the works :)
Thanks Todd, great info!
No problem 🙌
Thank you so much for this.
no problem. 🙌
Thank you! Very informative!
no problem :)
This is one of the best videos out there about this topic! Super simple, straight to the point and very helpful. Thank you so much! 🙌 I just have a quick question, if I upload cover songs to UA-cam and TikTok without a mechanical license because I don’t mind not getting monetized, do I still need a sync license to record myself singing it? Even if I do it through We Are The Hits? Or if I upload it through We Are The Hits am I protected to upload also the video of me singing the cover?
Oh, and if I want to upload it on Instagram, is it a different process or is the same? Thank you in advance for your response!! 🙏🙏
If you don't care about monetizing it on UA-cam, then just put it up on your channel. UA-cam has all of the licensing you need for cover songs built into their upload process with the Content ID system. We are the Hits is only if you want to monetize it. I won't discuss TikTok here because that is more nuanced and there is gray area in the music rights law. UA-cam's Content ID system is cut and dry. Thanks for the kind words about my content 😎 Todd
Thank you!!!
best video on this topic!
appreciate that 🙌
Thank you!
no problem!
Thank you very much!
no problem
Useful video. Informative & well explained. Music copyright bemuses many an Artist - great to have content like this available to help artists.
😎
I thought I should also direct people to this blog about music copyright and rights, to clear up a lot of confusion. bandbuilderacademy.com/how-song-royalties-work-for-spotify-radio-and-sync/
very helpful
This video is fantastic! Thank you for sharing your insight, it is truly valuable to someone just starting out with recording their singing and wanting to share that with the world. I do have a question though, if you might be able to help me. You mentioned making sure you don't use any parts of the original song in you cover, it has to be all you. But, what about the instrumentals? I am a singer and I don't know how to play any instruments. Another video had mentioned finding a "no-vocals/instrumental" version of the song on UA-cam, turn it into a downloadable MP4, and use that for the background instrumentals of your cover. Would this possibly be considered a copyright infringement somehow? Or, how else would you suggest a singer get ahold of the background music for the song they want to cover?
Glad you liked it. Another helpful article is this one bandbuilderacademy.com/how-song-royalties-work-for-spotify-radio-and-sync/
NO, please don't sing over top of a karaoke track or music from the original (or somebody else's) master sound recording. You're really asking for trouble. It might pass if you put it on UA-cam only (or TikTok - under 1 minute), but definitely will be flagged as copyright infringement on other music services (Spotify/Apple/etc.). If in doubt, just stick to UA-cam and TikTok.
@@BandBuilderAcademy Glad I asked! Thanks for the quick response. I'm checking out your link recommendation now 👍
Thank you for making this video.
I've been watching your videos for a a little over a week now.
I'm just breaking into all of this.
I've disvovered, and realized that, I am particularly and mostly interested in collaborations, not as COVERS, but the word I would use, would be a complete Part 2 and Part 3 and/or "ReImagination" of an Original Song.
I completely rewrote Natalia Imbriglia's "Torn" with mostly all new Lyrics. I did Ninja Rap Part 2 from Vanilla Ice and a Part 3. Not to be biased unnecessarily, as part of this being successful in anything is recognizing when you "got it" or your don't, but they're definitely good and flow the same way as a true part 2 and part 3. The soundtrack is the same, but I would add some technical flares and different bsckground enhancers but keep the foundation that made the Song a Hit in the first place.
What would be the best way for me to go about that? So far, I've only done the Lyrics to several songs, but I have a great deal of Skill for it, and I hear absolutely everything like a Composer. Timing. Rythm. Beat. Flow. Pace. Tone. It's all there. So that helps me pick up for where I lack in other ways. My sound tune is good, but I'm an 8/10 singer and I fully recognize other Artists are much better than me in that. But I'm a 10/10 flow, and I can write that way everytime. My songs just flow like a Poet so I'm going to specialize in that, mostly, because I do enjoy it most.
So recap:
For "Torn" it is less than
5% of The Original Artist Lyrics. 95%+ of my own Original Lyrics. I also rename the Song.
For Ninja Rap its more considerable Recycling, but around 30% Original Lyrics and 70% New Lyrics. On the ReUse of words theyre also completely rearranged. Same Original beat as the foundation.
I did ShineDown's "Second Chance", 50 Cent Many Men. My range has no limits to what I can write, and I've been using this wide range variety to test myself. I "got it", and I recognize it. So I definitely need your guidance. Or someones.
Does your course cover this or this a different route altogether?
I will never do a straight "Cover" of an Original Song. My Creativity simply will not allow me to do. Its a complete ReWrite.
Thanks again, I look forward to hearing from you, and, working with you on a Collaboration. I would be interested in hearing an original Song you did. Where do I find your tracks?
Hi Michael, You're describing "derivative works" and they will be extremely difficult to license and get permission from the original songwriters and publishers. If you want to release music commercially I would either stick to 100% original music, or do a cover song. I will not discuss derivative work songs here, because derivative works are a specific area of copyright law that I am not qualified to discuss.
really good video
🙌
Cover songs are becoming more and more popular, especially with Tik Tok and social media. I'm wondering if any of you have experienced long wait times to get your cover song licenses from services like Harry Fox Agency Songfile, Easy Song Licensing, Distrokid, etc? If the licensing parties are overwhelmed with volume, I may recommend giving yourself more time to allow for the license to clear.
Thanks
No problem 😎
Thank you for providing such valuable information. I have a question, though. If I were to create a cover of a famous song and then proceed to teach that cover in a UA-cam video, would the licensing offered by "We Are the Hits" or "Easy Song Listening" be suitable licenses for this purpose?
Hey Peter, no problem and thanks for the comment. It's a good question. I'm amazed by the endless "uses" that come up here in the comments. They challenge my experience and knowledge of the "rights" and the licenses needed. This one touches on several parts of copyright law, and the educational element complicates matters even more. This is not legal advice, because it's just me (a music professional on UA-cam here, not a lawyer), but if your aim is to capitalize on the UA-cam video directly (or indirectly by selling a service or product) I would think you need the mechanical license, sync license, plus some sort of commercial license that pays the rights holders a share of the product you are selling. If your value proposition to customers is, "buy my service and learn to play famous song by XYZ artist, you're using that artist's name to sell a product". And to answer the question, no, I think you need more than what those two licensing services can offer. cheers, Todd
This is awesome! Would love to know how remixing music works? Do I still need a license and what can I do to earn money from my remixes?
perhaps in another video. Thanks for the question.
Thanks for all the great info. I would like to record and release a famous song using an extensive rewrite of the lyrics. What do I need to legally do in that case?
When you change the lyrics, that is considered a derivative work. You have to directly license derivative works with all the publishers involved. A long process that will most likely end in an unreasonable offer from the publisher. If it is a very old song that is in the public domain, it's not a concern. But if it's a song protected by copyright, my advice is not to change the lyrics. Do a cover version instead.
Great video. What about when a guitarist just wants to play a solo over part of a song? E.g., if you want to do the Freebird solo over the backing track? Do you still need a mechanical and sync license to do this? I feel like I see it all the time.
Also do the same rules apply on TikTok videos as with UA-cam? Thanks!
The rules are different for TikTok and UA-cam. I won't address TikTok here as I don't know the details of that.
As for UA-cam, you can play the guitar over the original song's recording and put it on your personal UA-cam channel. You just can't monetize that. If your channel is trying to make money through the UA-cam Partner Program (YPP), you cannot monetize the video. UA-cam's Content ID will pick up that you are using the original song in your video and a "claim" will be placed on it. That's not bad. Think of it like an automatic license. The copyright owners have claimed it and they will be paid automatically through Content ID and advertising royalties, if UA-cam shows an Ad on your video.
@@toddmccarty5355thanks! What if you create the backing track, so it’s not the original recording you just recreated the parts from scratch? Is that still subject to copyright claim? I suppose it would be based on your comments but I’m not sure if it makes any difference if you aren’t using the artist’s actual recording.
Lastly, is it easy to choose which videos to NOT monetize? For example let’s say I want to monetize certain videos of original music, but then do covers where I don’t monetize. Is that feasible to do on UA-cam?
Thanks again!
Great video! Quick question: would my cover still be considered a cover, or a derivative work if it was shorter than the original? As in cutting 16-32 or some bars from the end or the beginning, or adding small extra parts in the song structure like bridges or extending the chorus, for example?
When you attempt to license it, that will be determined, but 16-32 seconds doesn’t seem too different
@@BandBuilderAcademy okay, thanks!
Great information and thank you.
I have two questions for two situations.
If I’m doing a soundalike cover that I want to put on UA-cam and Spotify only, do I still need the mechanical license?
Secondly for a multiple song medley ONLY on UA-cam, would content ID handle it?
Yes, you need a mechanical license to put a cover on Spotify. But since you're licensing it for the digital configuration, you might as well put it on ALL music streaming services (Apple, Amazon, Pandora, UA-cam Music, etc.)
Second question. this video is not about medleys and medleys have different copyright rules from covers, but I would guess YES. Content ID was meant to handle all sorts of uses that their users come up with.
Thank you so much for all this clear info. Really appreciate it. I do have a question - you explained the difference between cover songs and remixes. But what if Im doing a cover of the song, that doesnt resample any of the original song, but also doesnt conform to the original structure/bpm/scale/chords, and maybe not the complete lyrics or a different presentation of the lyrics? what would an "abstract reinterpretation" of a song like that be? a cover, or a remix? thank you!
What you are describing is called a "derivative work". If you wish to monetize that, it's very expensive and difficult to license, and I would steer you away from it. I would do a cover version. If you don't care about monetization, you can do a derivative work and only release it on UA-cam. The UA-cam Content ID system will make sure the copyright owners are paid the royalties from advertising revenue. Don't put a derivative work on music streaming or download services. You will complicate your life.
@@BandBuilderAcademy Thank you so much thats very helpful ♥️
@@littlewingart You're welcome!
Amazing video, Todd. One question, once we have a valid sync license who will collect the money out of UA-cam, our distributor?
Thanks for the question! There are several different royalties to collect from UA-cam, and it's not all collected through one party. In the case of a properly licensed cover video, master audio royalties are collected through your digital distributor, publishing royalties would be paid through We Are The Hits (they can tap into your monetized channel), and they pay your your % of the revenue on the sync side. They also pay the publishers/songwriters their share.
@@BandBuilderAcademy Great, thank you so much for answering and for your time spent in this channel. The content is really helpful!
No problem 🙌 appreciate it
Thanks for this video. What do you mean when you say that adding tags is against UA-cam’s policy? I thought that adding tags so that people find your content was kind of the point of tags? 😕
@@LauraWyattMusic Sorry for the late response on this. To clarify, "stuffing" or "over-tagging" too many tags into your video description is against policy. I just re-read the policy and it does seem that they have changed it from 30 to 60. I'm not sure why they changed it. Here is a link to Google's Help Article support.google.com/youtube/answer/6390658?hl=en-GB&sjid=14548116016448172975-AP
Hi Todd, do you have any advice about releasing a recording of a live performance that blends about 6 popular American folk songs in sequential snippets? It's quite a bit different than just playing a cover song, and intended to honor heritage in tandem...
Hi @yeshuacreates Licensing what you describe is considered a "medley" and cannot be licensed for Spotify, Apple, and other music stores in the same way a standard covers song is licensed. I don't have any experience with medley's, so I'm sorry I can't advise. But a license is absolutely needed from all copyright owners of the composition, and their publishers. It will be extremely difficult (and expensive), so I recommend you only release your live performance recording on UA-cam, where Content ID is equipped to handle it automatically. You will not be able to monetize it in this scenario.
The two websites you mention for getting the mechanical license, are these also for European citizens or are there rules regarding this?
This video is great. Can you explain different terms used in this video, such as parody, medley, remix, and derivative works, against cover songs for beginners like us. Can we use a karoke track and sing and upload on UA-cam (not for monetary purposes)? Is that considered a cover song?
If you are not trying to make money, you can put any music on UA-cam and Content ID will ensure the publisher is given the opportunity to monetize it or take it down (if they wish). I'm not going to redo the video with terms/definitions at this point.
Next (This is only relevant if you are trying to make money) - but if you record the instrumentals for a song on your own without vocals, this is called a karaoke track, and has to be licensed to be commercially released. That is totally different than a cover song. Karaoke licenses are custom license directly with a publisher (and they are not compulsory like a cover song is). If you sing over top of a "karaoke track", that is also not a cover, that is more like an un-licensed remix because you are using somebody else's master recording. You would need to license the master recording from the master owner - which is a different party than the publisher or songwriter. You would need a separate license from the owner of the composition (publisher and songwriters).
But most of you reading this comment are not trying to make money this way (you just don't want to break the law). But UA-cam has Content ID in place for this very reason. So don't make money, just post your video and let Content ID (UA-cam) do the job it was designed to do.
@@BandBuilderAcademy Thank you very much for your clear explanation. We have an original song in the channel where we are planning to post cover songs. Fingers crossed hopefully no license strikes. Thank you again. Wish you all the best for your future contents.
Hello! Can I have some advice? I really want to get into making covers on youtube, but all I've really got is my voice (maybe keyboard?). My original plan was to use song instrumentals and cover over them with my voice, but then I realized that might not be considered a cover. Would that be a cover? Would it be a sample? Would I have to make the instrumental myself for it to be a cover? I'm not sure if I want to monetize or not. This is mostly just for fun.
If it's just for fun, put it up on your UA-cam channel only. Content ID will catch it (claim) and the rights owners will be paid automatically. What you are talking about is not a cover song, so it can not be released on paid streaming services like Spotify or Apple Music. To monetize a cover song, you have to perform and record the composition with your own instrumentation and make your own "master recording". You cannot commercially use somebody else's master recording on Spotify/Apple without a license. What you are talking about is more like sampling the "master recording". It's very difficult and expensive to license a sample. But UA-cam Content ID has a way to identify what you are doing and make sure that the rights owner is paid.
@@toddmccarty5355 Thank you!
Subscribed
Appreciate it Dan 🙌
Covers to other genres, like taking a Taylor Swift's song and making a punk rock version, maintaining the song structure, lyrics, melody, chord progression, etc, but adding instruments like guitars, bass lines and acoustic drums, is it still a compulsory cover or is it a derivative work?
a cover
really very good video.
I would appreciate if you could answer me this: if I make arrangements for classical guitar of commercial songs and I keep the melody of the song, but I modify a little the harmony, this can be classified as a cover? in the arrangements the song is completely recognizable, but it sounds different because of the harmony. 2. How do I know to what extent a musical arrangement is a cover or not?
Sorry, I can't answer Yes or No on derivative works vs covers songs. There is grey-area in the law. When you seek a mechanical license, you will get an answer from the publisher. They'll either reject it or approve the license.
You have a phone number or email address for the mechianical license
@@BandBuilderAcademy thanks
@@michael_musik No problem 😎
I want to start a karaoke UA-cam channel. Sing king makes money on UA-cam with his karaoke videos, but he has a deal with UA-cam. What steps would I have to take (licensing) to first make the songs I upload allowed on UA-cam and secondly make money from the channel since it takes me about 5 hours to make a karaoke video and I have a day job. Any advice is appreciated or if you have a business number I can call to discuss further. Thanks.
I have a question about derivative work. You said not to put samples, so can I not put the song track over a guitar cover or how does that work?
Sorry, derivative works are a grey area of copyright law. I mentioned in the video I'm not an attorney. There is nuance to your situation. I don't know the answer, and I think this comment section has gone beyond the subject of releasing standard cover songs on UA-cam. cheers. Todd
Would it be considered derivative if I genderbent the song? It really only changes two words. Which option is safest?
Thanks for the comment and checking out the video. It's a legal decision you'll have to make on your own.
Hi Todd … Thank you for your video…. I would like to perform solo versions of Jazz Standards…. Question
Once I obtain the license can I use it to perform different versions of the song ? Ex. Different tempos , keys and reharmonization
Publishers don't give you a "blanket" license to make several versions under one license. Each song/version/recording will need a separate license. So if the song title is different, or the ISRC, or the master wav file is different, then you need a new license for each song/release.
Ok thank you
@@fredvandenberg3567 No problem 😎 Thanks for checking out my channel - Todd
Can someone help me post my songs I sing on star maker to utube
Great video!
Thanks!
How does it work if it's just instrumental versions? Actually I play piano arrangements of hymns and religious music. Can I put those in Spotify? Thank you!
It works exactly the same way as a song with lyrics/vocals. It's the underlying composition that is being licensed, and whether you release instrumental versions or not, you are still covering the songwriters composition.
If I use a backing track or a karaoke track and I go for the process you mentioned here, can I still monetize it?
You need a license to monetize it.
Hi, great channel , learning alot about rights ,license and copyright claims etc. I recently received a copyright strike 5 days after I posted a cover of a song. I use midifiles, which I buy and download from a legit site. I removed the voice and added my own sound. I understand that the midifile to this song is as close as it can get to the original. I can't understand why my video got a strike while other users have covers of the same song and content, for several years. I'm sure not all these usees have permission to use the content but their videos are still on. I posted other videos using midifiles, i see the copyright claim, but the copyright owners allow the usage of content, as well as the video in question, then 5 days later, a strike. I'm trying to better understand what went wrong with that one. I hope you have a simple explanation for me. Thank you Marcello
Hey Marcello. Sorry, I'm not able to give a simple explanation for this. If you'd like to book a consultation and have me investigate more thoroughly, you can reach out here: found.ee/WorkWithUs
What a out just covering a song on the guitar and upload it?
Guitar cover is legal or not?
Thanks for the video! Can cover songs with a mechanical license already published be registered for copyright, or no, because they are cover songs? What if the lyrics are translated to another language, but fit within the song time?
Hey @MichelleNoirStudios There are two copyrights on musical works. The master recording copyright (which you own if you recorded your cover version), and the composition copyright (which the songwriters/publishers own). If you translate the song into another language, that usually requires a custom license from the publisher. Be careful because foreign language versions are usually considered derivative works by most publishers. If your compulsory mechanical license is rejected, that is probably the reason.
My compulsory mechanical license was not rejected, but I am wondering if I should register a copyright for my lyrics.@@BandBuilderAcademy
@@michellenoirstudios I think if your mechanical license was approved, then no further license is needed. Now, if you recorded a 2nd version with foreign language lyrics, then you would need to get a separate mechanical license for that version.
Thanks, I guess I'm confused if having a mechanical license means I don't need to register a copyright for additional protection or not, or even if I'm allowed to because it's a cover song. (aka is a "copyright" also a "license"?) @@BandBuilderAcademy
@@michellenoirstudios have no fear, it's not simple stuff... this video blog will help you clear up your confusion over the "rights" and terminology. bandbuilderacademy.com/how-song-royalties-work-for-spotify-radio-and-sync/
Once you release your audio recording through digital distribution your master recording copyright will be registered globally with most places and 90% of your master revenue will come through your digital distributor. If you want to learn to collect the other 10% you can book a consultation with me or join my academy :) found.ee/WorkWithUs
So if you buy the up front mechanical license, upload your video to UA-cam without the sync license to begin with, would you then be able to add this later if it turns out your video has enough views to get paid ? I am only a very very small UA-cam channel with close to no subscribers - but I dream that one day I could earn a small living from this. How ever very much afraid of all this copyright stuff 😢.
You can take that approach. Many small creators do. Just be aware that there is a risk that if your video one day does make a lot of money (without a sync license), the publisher can claim the money made while it was unlicensed (and they always reserve the right to sue if somebody infringes on their rights without licensing).
What I recommend is using the UA-cam Content ID system that is in place for the very specific purpose of allowing small creators like you to get started, and at the same time paying the rightsholders who deserve to be paid. You can get started with the idea of NOT making money. Justin Bieber didn't get paid on the dozens of cover versions of songs he did on UA-cam before he made his millions on his original music. Take that same approach.
Great video, now how about a video on derivative songs and what's needed to be allowed to make money, if that's possible.
The video would be short... Don't do them (derivative works). Or at least don't release them commercially. Unless you have a major publisher or label behind you, you won't be able to clear a derivative work unless you are prepared to drop $10,000.
what's if I just translate the lyrics of a song into a different language such as . Would be that considered as a cover song or a derivative?
It's not a cover song... Foreign language versions of songs fall into the "derivative works" category in terms of licensing. It's very difficult because you need the permission (a license) from all rightsholders of the composition. Difficult to do. You can try Harry Fox Songfile, or Easy Song Licensing. Inquire whether the particular song's publisher offers a "foreign language version" license. Some publishers do have that, just like they have licenses for "karaoke". But it's case by case. And getting the publishers to even consider a special license, is difficult and expensive. They don't want to do the license work for less than thousands of dollars.
Fantastic video! Thank you! I have another YT channel that showcases my musical styles for potential film/media clients. (A non-monetized business card channel of sorts). Recently, I made a cover that I'd like to post... AND maybe sell for download via my Apple/Spotify etc, pages through my DSP. And perhaps get into sync situation if a film production is interested.
My dilemma is: my cover is definitely a "Derivative" with lots of changes but is still hugging the original. Are there any good resources to point me in the proper legal direction? I really can't find anything out there other than what makes my version "not a copy". I know I can get a Mechanical License for recording it, but clearing a video and any selling of it is murky.
Hey @houdinididiit I'm sorry, but the reason it is murky is because the copyright laws are also pretty vague when it comes to music composition, and were written before the internet, UA-cam, Apple, Spotify were even conceived. There has been some updates, even as recently as the creation of the MLC (Mechanical Licensing Collective) in January 2021.
You could attempt to get a mechanical license for your song, but just konw that if the publisher does reject it because they don't believe it's a "cover" and they claim that in their interpretation of the copyright law, it's a "derivative work", then your license will be rejected and the application fee is not refundable. That's your only risk. If it is rejected, then you can attempt to release the music on UA-cam (only) and see if Content ID will allow it, or if it will again be rejected by the publisher.
The only other option is to attempt to discuss this directly with the publishers and songwriters (all rights holders have a say in the matter). Most likely they will not respond to your request unless they see an opportunity to make a lot of money (more than $5,000 USD)
@@toddmccarty5355 Hey thanks so much Todd! Very helpful! 🙏 So what I'm getting from you and few others:
1) Get a mechanical license for the tune. Post it on my Apple, Spotify, etc, accounts anyway. I'm covered unless it's declared as a "Derivative" which needs more permission from the publisher/creator. They are the only ones who can grant "Derivative" permission. Fine. (The declaring of being a "Derivative" is still murky and subjective). I have Distrokid which will not only issue the mechanical license but will refund me if it's disputed, as per a recent email exchange I had. So, it doesn't hurt to try!
2) If I'm going to post a YT video (that typically requires a sync-license from the publisher who handles the creator) I should be ok if I don't monetize it. Most likely the publisher will find me and make a harmless "copyright claim" as opposed to a "copyright strike". A claim allows them to collect on my UA-cam video after THEY monetize it. Fine. It's still publicity and a win for my release over on Apple, etc.
3) Worst case scenario: They they declare it as "Derivative" not to their liking and they force me to take it out of circulation everywhere. If I did make any earnings, it could become sticky as I will have to owe them my earnings. So that is something to watch? I'm not sure what to do here except not to spend a dime of any earnings from it for some time?
4) Best case scenario: After they monetize my video, and my recording is still out there on Spotify, etc, I get a call from a film producer wanting to use it. Acquiring a sync-license is on them to negotiate with the publisher, not me. If it takes off on a commercial level, we all win. They get their publishing royalties and I get mechanical royalties for the recording.
Does all of this jive? It's been a LONG headache of a week in pulling together these four points regarding a potential "Derivative". I even called BMI my PRO, and got short answers.
How about derivative works? Do I need a license to post?
This video is ONLY about "cover songs". Keep the lyrics and composition structure the same on your cover songs, otherwise they risk being "derivative works". Derivative works are a complicated area of copyright law, and I'm not qualified to make a video about it. My best advice for most watching is - do not do derivative works. period. It's expensive and extremely challenging to license them (if not impossible for unsigned self releasing artists). Todd
So I am seeing a streaming bulk price on harry fox agency but no other 3rd party license... It is still the case today that you just need the digital download license to cover streaming?
You don't need to buy that bulk streaming license from Harry Fox Songfile. Once you distribute your cover song to Spotify, Apple Music, Amazon (streaming), UA-cam Music, etc., those music services will pay the mechanical royalty directly (they are responsible for paying to the rightsholders now).
There has been a chance since this video published (and I will update with a new video soon).
Many distributors are still requiring that YOU provide a license. And if that is the case, get the "digital downloads" one, not the bulk streaming one. The reason distributors want proof of a license is because they are still distributing your MP3 downloads to iTunes and Amazon MP3, and a few other services that still sell MP3's. And you have to have a "digital downloads" license for that. But since those don't make much sales anyway, you could request that your distributor NOT distribute MP3s, and do "streaming only". Some distributors may allow it, some will not.
@@toddmccarty5355 Thank you! Appreciate the reply!
what in the case that you write a new lyric but use the same melody?
Technically that would be a derivative work, but the publisher may let it pass. You could try to obtain a digital downloads covers mechanical license. Take your chances, it could be approved. It's case by case. If it is rejected, I wouldn't expect a refund for the licensing attempt.
Is copyright the same as cover license?
watch this video and view the infographic, it will help you understand. bandbuilderacademy.com/how-song-royalties-work-for-spotify-radio-and-sync/
@BandBuilderAcademy - Could you help me, please... If I did a cover that was originally an instrumental and I wrote a song to it, how do I go about releasing it and would I now be a writer or would ALL the publishing go to the original songwriter? The company I use to release song are CD Baby. What would I need to do in order to release the track so it can be purchased digitally by the general public? What steps would you take?
You are using the original writers composition. I would approach one of the licensing services mentioned in the video about a custom license. See how it goes. I think it will require a custom license for a derivative work, but it could be a standard compulsory cover song license. You have to go through the license review process to know for sure.
@@BandBuilderAcademy Many thanks for your reply. I have replayed all the instruments and added vocals... I was hoping to release this, adding vocals to what was originally just an instrumental...
@@xl1524 Like I said, go through the licensing process. You are modifying the original work, so it could fall under "derivative work" and your compulsory mechanical license will be declined. In this case since you are adding to lyrics to their original work,.. what if they don't like the lyrics, and you've used their composition in combination with lyrics (subject matter) that they disapprove of. You don't have free reign to use people's compositions for your own commercial and creative purposes.
@@BandBuilderAcademy Many many thanks for the info you have given...
no problem
Hi, so I removed main vocals from a song and then recorded my own vocals plus more vocal layers. I do not plan on selling it or monetizing it and post on youtube. What do I need to do? Thanks
If you are just putting it on UA-cam-only and not planning to monetize, eventually the UA-cam Content ID system will pick up on your version, and put a "claim" on it. There is nothing wrong with this, it's the way it's supposed to work. There's nothing you need to do. UA-cam puts a claim on it - and lets the publishers & copyright owners know about your video. Those rights holders have a choice. They can either let you continue to keep it on your channel, and for any ads sold on your video the copyright owners will be paid by UA-cam. Or they have the rights to have your video removed (but this is rare).
@@BandBuilderAcademy thanks for such a thorough answer. Much appreciated 🙏
Thanks for explaining. I had a question though. What if I sing a cover over a derivative work, such as "slowed down piano instrumental"? Do I still need a licence for derivative work or does it fall under mechanical licence? Or something other completely?
You could probably do this on UA-cam only and Content ID would take care of it. But I wouldn't attempt to license it for other services. It will require a derivative work license or perhaps something else I don't know of. It will be expenseive and not worth your effort. It's not a cover, so everything in this video won't apply. You could probably get this onto UA-cam and they will put a copyright claim on it (not bad), and the proper rights owners / writers will be paid (not you).
@@BandBuilderAcademy Thank you so much for your reply!
A follow up: What if I cover Disturbed's Sound of Silence, which is a derivative work of Simon&Garfunkel's original. Is that considered a mechanical license (direct cover of Disturbed's version), or still in the realm of derivative works due to the original? Or would the derivative license be applicable to Disturbed alone?
@@lodroth Is Disturbed's version a "derivative work"? Really? The lyrics seem like a perfect match to me. I believe it's a cover version. So you would really be covering the S&G composition, and get a mechanical license from the original songwriter's publisher. If it's not a cover, you would need to seek legal advice to get the answer. That level of nuance is beyond my knowledge.
You'd be surprised how little you have to change to go under the radar
Hi pals🐥 any one experienced releasing a derivative music? I would like to learn more about that
U say check the database but what is it where do I find it? I'd love to do this I'm simply an older woman who sings and plays piano and I do have a lot of old favorites, I'd have to check if they're produced or is it written over 100 years ago but that should be easy. Then I record somehow I guess not on my phone. Is that right?
in the description of this video (above)
If I get mechanical license, is that for a person or for an account(like UA-cam)? I have two channels, one covers by instrument another one covers by vocal, the backing track I just down online like YT or somewhere else, might have a chance to change keys when cover, all of songs I’ll upload to UA-cam or TikTok also other platforms from other countries, should I get mechanical license or sync license? I’m still little confused, thanks
If you are only releasing on UA-cam, you don't need a mechanical license. The UA-cam Content ID system will take effect.
The UA-cam Content ID system was put in place so that you don't have to stress about uploading cover videos on UA-cam without a license. If you are only putting your cover version on UA-cam, than just put it up. If the publisher wants it taken down, that is their choice. You can't control it. It's their intellectual property, and they control it. In most cases they don't take your video down. They are being paid when you put cover versions on UA-cam. So they are incentivized to let you do it. But don't complain if they take it down, that's just the way it works.
If you are putting it on other music streaming and download sites, you need a mechanical license.
The licensee is for an Artist. The artist could be a person's name, group name, or company name, but the name has to match the "Artist Name" field on music services.
You will need separate licenses for each version (instrumental and vocal)
I won't comment on the sync license here. There are too many considerations, and I don't want to cause confusion about sync. I may address sync licensing in a future video.
@@BandBuilderAcademy I realized that most cover I uploaded with downloaded backing track are copyrighted, which means sharing most of the avenue, also there still a chance to get a strike, I was thinking about if mechanical license could avoid these, I also heard about better just cover with your own instrument backing track like piano or guitar, is that a better choice to avoid copyright?
You are still worried about a copyright strike. You won’t get a strike for putting a cover on UA-cam. You will get a “claim”, not a “strike”. Read the UA-cam policy about the difference in claim and strike.
No, a cover song mechanical license for digital downloads will not change anything on UA-cam. Instead, in 2007 they created the UA-cam Content ID system to allow you to use writers copyrights on UA-cam. But it’s not called a license.
I did a Shorts Guitar cover of a verse of Hotel California (No Vocal) Out of the Blue, No Warning!. I got A Copyright Strike!.🤷
If I am posting cover of someone's version of a psalm is that considered a cover or a derivative work?
Yes. You can try to obtain a cover mechanical license. I'd say a 50/50 chance. The licensing company may just go to the original publisher. Psalm sounds old. Are you sure the Psalm is not already in the public domain? Look it up in the public domain database (linked in the description of this video). It might not require licensing if it's in the public domain.
@@BandBuilderAcademy The melody and instrumentation is original. So I think its considered an original
what if I buy a license for 50 downloads but my cover will have 1000 clicks per month unexpectedly?
"1,000 clicks"? I think you mean 1,000 purchases, correct? This is for MP3's only (not streams). Depending on the license you have to pay the licensor every 6 months or every 12 months to maintain the license. So at the next period you would have to pay a royalty on the 950 downloads the song got, plus an added advance on the next periods downloads. If you did 1,000 in the first period, they would probably make you pay for at least 500 in advance (for the future license period).
Great video!
What if I just did an audio only cover song for promotional purposes ONLY without no monetization whatsoever on my own personal artist website that I created. Would I need ANY permissions and licensing for that. At this point, I'm not looking to make money off of cover songs. Just self promotional purposes and exposure. Any information you could provide would be greatly appreciated!
Yes you need the copyright owners consent. I’m not a lawyer, but I have read the US laws and they don’t address making money vs promotional use. That’s not a factor. It’s only a factor on UA-cam after the rights owner has made a claim.
@@BandBuilderAcademy I appreciate the information my friend! Best Regards!
If I use only lyrics of other's songs but with my own voice and music, will it get copyright issue?
If the notes of the music composition are different from the song you used the lyrics from, that is not a cover song, it's a derivative work.
This is So Good... to have a clear explanation of a complicated topic again TY
Kenn Harris
New Subscriber to your channel
Do I need to this for guitar and piano covers with no lyrics??
If you are only putting those covers on UA-cam, then no.
@@BandBuilderAcademy can they copy claim me still?
@@Jaymarquese Yes, but as I mentioned in the video there is nothing negative about a claim. It's just saying that the copyright owner has "claimed" it, and that any advertising revenue generated from the use of the copyright will be paid to the copyright owner - not you. You have 3 choices. 1. Accept that that is fair and do these videos for fun or for promotion of your skills. 2. Obtain a sync license from the publisher (or use a 3rd party service), and you might negotiate 20-50% of the money be paid to you, and the rest to the copyright owner (their is no standard rate), 3. Focus your monetization and channel growth on 100% original content. Hope that helps. Todd
Do I need any sort of license if I want to upload piano covers of my favorite songs to UA-cam and have those be monetized? I was told by another piano UA-camr that if you simply upload the piano cover, UA-cam will identify the song as a cover and share the revenue with the publisher. Is that accurate? Thanks!
What that other person told you was true. UA-cam has a system called Content ID that will identify it and "claim" it (that claim is like an automatic UA-cam license). A "claim" isn't bad for you. Content ID claims make sure the proper songwriters and publishers are paid on the advertising. If you plan to release the video/song outside of UA-cam, that is when you would need to be concerned about licensing.
@@BandBuilderAcademy thank you so much!
no problem @@iiSnipeFoLyffe
@@BandBuilderAcademyso for doing only youtube covers of songs which are identifiable by their Contend ID we don’t need a license? What about playing the song live on a live stream or putting it on tiktok?
@@thebellbrothers3279 I don't know the specific rules for a live stream on UA-cam. I also don't know the specific rules for TikTok.
Can i cover a couple of songs in one video and monetize it with - we are the hits?
I think so, please check with We Are The Hits. It will be a custom license, so they should be able to clear everything you need.
Curious how it works for derivative works 💭🤔
Hey Rufus. It's a lot to explain in detail on a comment. But for a very brief response, I would tell you that most publishers want you to approach them with your "cover song" instead of using a 3rd party, because the publisher will try to convince you it's not a cover, and tell you it's a derivative work. When a publisher claims you've made a derivative work, you can no longer do a compulsory mechanical license (rates set by governments). For derivative works, you have to do a custom license directly with the publisher, and they can name their price. This is why publishers do it. They make more money. But they can't prove it's a derivative work unless they take you to court. They know you won't do that, so sometimes they get you to agree to a more expensive direct license. But most artists walk away and they have to bury their recording. Now in some cases artists have knowingly or unknowingly made a derivative work (look up the definition). And in that case, your licensing service may reject your request for a mechanical license. So don't change the lyrics, order of the verse/chorus, or make a parody. Just do cover songs.
My very recent experience: yesterday I uploaded my arrangement and performance of King Crimson's "Epitaph". My channel is not monetized. UA-cam analyzed it and put a copyright clsim on it, as you said they would. But since UA-cam also prevents the video from appearing on my channel or in anybody's search results, nobody knows about it unless I send them the link. How does this help anybody? The video got 5 views, which ain't gonna make anybody rich from ad revenue AND the performance doesn't help me in any way I can see. For small time artists I don't think it makes any sense at all to do covers. What a mess.
Hey @tyrannnocaster can you elaborate on this? "But since UA-cam also prevents the video from appearing on my channel or in anybody's search results" Never heard of that before. You might inquire with UA-cam because that's not what should be happening.
@@BandBuilderAcademy Well, that's what UA-cam told me, and the video is on my channel, but it shows as "unlisted". I am able to send the link to people (that's how it got its few views) directly. I don't even bother trying to contact UA-cam/Google; if Rick Beato has trouble, what luck am I going to have? But you know what, I'm going to post the link in a sub-comment to this comment, just to see what happens; that way, if they delete the comment, this one should still stay here. I'm curious to see what happens.
@@Tyrannocaster OK, thanks for that explanation. When you mentioned this happening to Rick Beato, that made me think that this is not UA-cam causing it. With the Content ID system, it gives control and decision making privileges to the copyright owner. So it could be the case that one of the publishers of the song decided to choose the option that allows you to have the video "on UA-cam" but linked only. I didn't know they did this, but perhaps its one of the many options the publishers have to choose from. So how publishers respond to each new video you release can be different.
Can you use the background arrangement of the original artist and use my vocals as a cover song on UA-cam without making any money?
I'm not sure how Content ID (UA-cam) will handle this. A cover song is something you record in the studio with your own recording. What you are talking about is using the master recordings of the original, (more like karaoke), that is NOT a "cover song".
The publisher (composition owner) will most likely just put a "claim" on it so the publishing money is passed through to them. The owner of the master sound recording will have options, and I'm not sure which specific options (in this case). There may be a slight chance that they would put a copyright "strike" on it and remove it. They may not want somebody else's vocals over top their master sound recording. And that is their right and decision to make.
You bear all the risk in this situation.
@@BandBuilderAcademy I figured. It's hard as a vocalist only to make cover songs.
@@shanefreeman9758 Difficult roads lead to beautiful places. Collaborate with musicians. Enjoy the process and it won't be hard.
@@BandBuilderAcademy thanks and you are right. I uploaded some karaoke songs with me singing. UA-cam gave me two strikes. Thanks again for the advice.
@@BandBuilderAcademy last question. I have someone that can do the background instruments of a song. If I use that and my vocals can I upload that to UA-cam? I'm not trying to make money I want feedback.
would a song that is originally sung in another language that I translate and sing in english be considered compulsory still?
That is considered a "derivative work" and you would need to license that directly from the publisher. Foreign language versions are not cover songs, and a "compulsory license" won't work. Other examples of derivative works are samples or replaying (re-recording a segment of the original song), parodies, medleys, song arrangements that change lyrics or make other significant alterations to the original composition.
@@toddmccarty5355 thank you for letting me know
Hello..🙏
I am a singer..kya itna kharab gata hoon..jo mujhe log support nhi krte.
😔😔😔😓😓
It's like watching the same video over and over again but they all make the process out to be so easy. What a load of bollocks to simply cover a song.
I have few questions
1 What if i use ai to make the song?
2 Also what if it's a person singing with a ai voice
[ like background vocals or both the ai and person singing ]
Also what are the rules about ai?
I'd like to know because i asked other people and i get different results from them
And maybe you could make a short vid about the rules about using ai
Thx
Sorry, AI (and the laws about it) go beyond my knowledge. I think a copyright lawyer would be the best person to speak about that. I will comment about your question #1 - It doesn't matter how the song is made, if it uses somebody else's composition, a license is required. You can play it on a harmonica, hum it, or have a dog bark the notes...... if you release it on a commercial service, you have to license it. Using AI to make music should be no different.
This company Affordable Song Licensing reached out to me. Might be another good option. Check them out here AffordableSongLicensing.com