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I feel there's a good number of sections missing: 1. Translations. Japanese music especially has a lot of people covering the music in english and getting sued left and right by japanese companies due to the local copyright being extremely rough. 2. is dsps charging for mechanical licenses i.e. distrokid and soundrop still required? 3. since distrokid gets licenses from HFA, could you get it directly and not from distrokid? What's the logistics of that? And if you don't need it or can get it from other places with less friction in UX. What does that look like?
Right on. UA-cam used to have a blanket license and they published all of the music that was covered, but they stopped doing that long time ago. That’s what I have always told people to go look and see if the music is being covered. If it’s not don’t do it. Historically the Eagles have always been one of the groups that you stay away from.
You're not wrong about The Eagles... Also AC/DC... UA-cam will f**k you up if you upload either of those two bands... I've also heard to stay away from The Cars.
I'm a new DJ and I'm so glad I found this channel. Admittedly though, I'm scared to death to try and make music. Time to delve through the archives before I post anything. Thanks!
Never be afraid. Let people see your growth in your journey I'm all about taking action. The fastest way to have your music career the way you want is to get started now. Don't be afraid of failure failure is a good thing You learn more from failing than anything else. And then that's when the real growth happens. You got this 💪
That is super exciting to be just getting started. The more you learn early on in your journey and embrace the journey the faster you were going to grow. 🖖
Amazing information. I've had song parodies taken down. I thought satire and parody WAS allowed. Also, what's the rule on using karaoke tracks for your cover? Great video!
There was a time when I used to create remixes of my most favourite tracks quite often (usually female vocals) I never did anything with them as I knew without an inside connection to the rights owner I'd just be wasting my time trying to get clearance. I know this is a little off topic but this video has just reminded me of the small back catalogue I've had sitting around for years and would love to put some of them out to world one day.
Just remember remixes are different than cover songs. Cover songs are great way to market and showcase your style and provide inspiration for future tracks.
@@TopMusicAttorney absolutely I was off topic. I also feel cover songs are also in a whole different ball park to remixes. Done correctly they can be as great if not greater than the original. Take Sam Smiths BBC live lounge cover of Whitney Houston's ' How will I know ' Two incredible versions of an incredible song, both amazing in their own right.
So, I've been thinking to post a few covers on Facebook, just for my friends to hear. Facebook only accepts videos, so I made one with a video creation app. Would I be safe to post the song( s), or should I do that " due diligence" first? Thanks. I think you are amazing!
Most of the issues I have come across have been with UA-cam. Just look at some of the Rick Beato videos where he plays a part of a song as an instrumental tool. Labels have made UA-cam take those videos down due to alleged "copyright infringement" when Rick Beato argues that his usage of a song falls under "fair usage." He's even testified before Congress about this. You should definitely talk about covers specifically on UA-cam.
Yes, unfortunately automatic algorithms like Content ID don't have any judgement to determine something like "fair use". It also doesn't know if you've secured a license in advance. (The way that's supposed to work is that when you get the license, the copyright holder asks their distributor to have UA-cam "white-list" your channel, so that it will ignore Content ID matches against their content that it detects on your channel. But if they fail to get the white-listing in place, you'll still get flagged or monetized.) In the past, a copyright owner would need to sue if they thought you were infringing, so if it was clearly fair use they probably wouldn't bother since they might lose that case in court, but now they don't have to lift a finger to have UA-cam block or monetize videos automatically on their behalf, fair use or not.
Thank you for sharing your expertise on this topic with the supporting sections of the laws and nice cover of Blinding Lights! Just for clarification, you mentioned lyrics and song structure staying true to the original in a cover. Does it matter if you change the key, tempo, or any of the harmonic, melodic, or rhythmic aspects of the vocals, main motif, or hook? Examples like arpeggiating vs block chords, staccato vs legato, expanded harmony, or say take an 8th note melody and change it to 16th notes.
It should be noted that when uploading a song through a distributor (such as CD Baby, DistroKid, or TuneCore), they will ask who wrote the song, so you do need to enter the correct information there. (If it's an original song you just put yourself as the songwriter.)
I did a cover of “ please don’t let me be misunderstood” originally by Nina Simone, but made famous by the Animals. I was sent a notice that the record company would collect royalties and ad revenue, however, I don’t think my video got the kind of plays of my song where they would even bother. lol
@@scottsmith7521 Yes, and this is typical! It's TECHNICALLY a violation of copyright law to post any music (including your own cover performance of someone else's copyrighted song) as a video (even with just a still picture; the video doesn't even have to be moving) without first getting a sync license, which must be negotiated individually with the copyright owner (but see below, because it's not that simple). But if you try to approach the copyright owner to ask about a sync license, you won't even get a response, unless you're suggesting that you're in the position to pay thousands of dollars for the license. (It's not worth their effort to even respond otherwise.) They have the right to ask for any amount of money, no matter how obscene, or to just say "no", or to ignore you. However, most copyright owners realized that it was a losing battle to try to get every usage taken down, or sue everyone, or whatever. They'd get one taken down, and 10 more would pop up. Also, unpopular, because so many of the videos are being posted by the artists' biggest fans, which is not really the audience they want to alienate. Also, not cost-effective because lawyers and investigators to detect and act on all these uses are expensive. So when UA-cam introduced their Content ID matching system that could automatically detect and monetize such uses, most major content owners signed up and now have contracts with UA-cam to get paid for that. Even smaller content owners can participate via their distributors or publishers. So now, almost nobody cares if you upload a cover song, or even use their recording or music video in your own video, because they get paid the appropriate royalties automatically, without any effort on their part and without pissing anyone off or having to expensively investigate or file lawsuits or any of that. (I think it's likely the same is true of clips from movies and TV shows, but I don't know anything about that; all I'm directly aware of is the matching of songs, audio recordings of songs, and music videos.) Since they have a license (effectively a sync license) with UA-cam to allow such uses anywhere on the platform, we can even say that in these cases it's NOT illegal to use their content (songs, audio recordings, even music videos, maybe even movies and TV shows, I'm not sure) in your own videos! (Nina Simone's publisher DID get whatever royalties were generated from views of your video, automatically paid by UA-cam and aggregated with royalties from many other uses of her music. Or maybe not specifically, as some of the deals with major labels and publishers may be "blanket" licenses for a fixed monthly feel for use of their entire catalog.) Of course there are always those few who refuse to participate, and try to block every use of their music, or file takedown notices. (I won't dignify them or give them free marketing by naming them, but many content creators complain about them, so they're kind of notorious.)
This was very informative. I'm in a guitar forum, and another person had their UA-cam account cancelled for posting a cover, or at least that is what he believes. I'm nervous, because I'm a horrible player and singer, but I do covers. I'm sure they don't even sound like the originals sometimes, but I post some publicly. I'm afraid of losing my account now, and UA-cam doesn't communicate or respond when people disagree with them blocking their account for good. That doesn't seem right. I will have to now do some due diligence to make sure a lot of others have covered the song I'm thinking of making public. It's a shame that we have to live in fear of losing everything we've worked so hard at, and I have 4 years of recordings from the fist time I picked up a guitar until now, albeit most are unpublished. I don't want to lose my receptacle with all them together.
Thanks! I literally had to learn all his last week while battling my distributor over some cover releases! I wish this got posted last week lol. Thank you though this is awesome!!
Thanks for the vid. I'm in the process of recording a bunch of covers and have released 4 this year so far through Distrokid .. thinking that was the way to go and felt safe just buying the coversong license ... after hearing you suggest in another video that artists just release the songs themselves on YT I'm gonna try that ... I change these covers around freely but arrangement/structure of the songs usually stay the same but I may make a grunge song into a reggae or ska interpretation and some times change the whole perspective but changing multiple words..... sometimes even a passing chord ... maybe I wasn't hearing all you said .. English is not my 1'st language and when the legal mumbojumbo jargon comes into play I check out somehow ... this is exactly what I hate about being a musician/ producer ..... figuring out how to get paid .... and that why I was just taking the "easy" way w Distrokid hoping I was covered both on distribution and coversong license ...
Hello, Thank you for covering this topic again. I'm disappointed that now I have to get permission if I interpolate a song to do as a cover . I dont play piano well enough to do a cover playing that instrument. I was going to interpolate the songs with other instruments but alas I'll have to think about this now. Q: Can one use a legitimate Karaoke track (i.e. Soundchoice) which has been purchased by me and can be used at open mic nights, karaoke bars and even local festivals where they seek out local musicians to perform? Cheers. Talk Soon.
Question for you. I'm an Aussie artist and producer. Ive also wanted to do covers but information is so scarce on exactly how to do it. Does being in Australia change things?
@@TopMusicAttorney would help as I am looking at uploading to You Tube , from Aussie, also what is the go with using say same guitar solo in the track, same keyboard parts
Thanks for the info. Are there best ways to avoid takedowns if I legally sample something (like through Tracklib)? I’m naturally cautious of what streaming services/distributors will do at this point 🙄
LOVE your channel. So, to be clear are you saying that to upload a cover with a video to UA-cam you don't need a sync license now because they already have an agreement in place with the majors labels ( Sony in my case) ?
She didn't clarify because UA-cam PROBABLY has a license in place with the publisher, but it's not guaranteed. (Just to note, these are licenses with publishers, not record labels, though the major labels also have publishing arms under the same corporate umbrella.) Some songwriters make sure there is NOT a license to use their music, and any uses are automatically blocked (Eagles, AC/DC, Beatles, for example, from what I have heard). Some works might not be uploaded by the publisher, so, while Content ID won't flag your cover, the songwriter won't be paid either, which in theory potentially puts you at risk for a takedown or even being sued (though the latter is very unlikely, as it's expensive and cumbersome for them to do). And there's no way to find out for sure without just uploading the video and seeing what happens. So the reason she didn't clarify is because in reality it is not clear.
Do you have a checklist of what to do from an independent creator's perspective? For example, if someone wanted to cover your song or use it for any other reason? What's the best route to get content covered by Content Id, etc? Thanks.
Two scenarios: 1. I cover an alt-folk song and turn it into a hardcore punk rock song - if I change the guitar solo, is that materially changing the spirit of the song? 2. Take #1 but translate/interpret the song into a different language. Still a cover song?
Thanks for this. Years back when I quit smoking cigarettes (for the third time), I decided on a three-part strategy for giving up unwanted habits. One of the parts was replacement. For me it was tea tree toothpicks. But I didn’t realize at the time that it would be most effective in the long-term if that replacement gets at the root need/desire of the habit that’s being discarded. Very helpful insight.
How close to the original is deemed a cover song. Because if it is structure, that makes nearly all EDM covers not covers because EDM doesn't follow pop and rock structures, it generally has drops that mimic the vocal melody, a counter melody or are just minimal drops with very little melodic content. I lot of producers appear as if they do covers (as opposed to a remix), because they can't get the rights to the sample. Naeleck - Creep, Ran-d - Zombie, Cheat Codes - Let Me Hold You, Syn Cole - Californication and pretty much all versions of Bella Ciao are examples where yes they have the main chorus melody but add other sections, extra melodies or don't even include the verses. I wonder if these are all technically considered interpolation.
So, if you post a "journey" to singing like a particular artist, you still credit the original artist in every video description including shorts? Like 'how to sing like Queen'.
@@TopMusicAttorney Distro. 5 yrs ago We had to contact song owners / publishers directly and get a custom license. They wanted a crazy amount for the licensing for an independent artist. So ended up removing the song from the album and didn't release the song. I think this is a rare case or maybe not. The word change also changed the song title from man to woman. So that might have made things different I don't know.
I feel like artists take issue if it's seemingly changes the theme of the song or intention. I honestly haven't heard the situation that you would do too much but it does happen
Is "We Are The Hits" still relevant anymore for doing covers on UA-cam ? They used to help monetize the covers. I had signed up a couple years ago but noticed some of their verbiage has changed and do not find much information on them anymore though they are still operating. Thanks. Love your videos. They are so informative and not boring on such a boring topic.
Sincere inquiry with cover songs; if I translate the words of a song to a foreign language do I have to detail the rights holders: publisher and songwriter the terms of the translation or because it will be the same vocabulary would I simply apply for the mechanical licensing? Is this a rendition or a true cover song?
Hiya. Lets just see what mine field this becomes. I play with a couple of local bands. One song I do with 3 different acts is Heroes - David Bowie. So far I have found at least 6 different versions including live where Bowie has sung different lyrics. This includes things like radio edits missing verses, different arrangements and even a whole new verse. Now I have had a great reaction to my rendition and now in the process of recording it. Am I bound to follow at least 1 Bowie version? Now throw in the mix that so many others have covered the song like Blondie who I saw live last month do yet another version, and there is the Motorhead version with altered lyrics. My cover of the song includes some lyrics from the Motorhead version. And being in Australia is there a difference in copyright law, and what jurisdiction would I be subject to if I released it via world wide streaming with potentially a live video? Have I missed stepping on anyone else's toes?
I went to upload a cover song video to UA-cam and it forced me to mute the audio in Russia and Belarus m. However, it was still muted in the USA. Never had this issue, how can I resolve this? The label who owns original song is universal.
I'm a singer song writer. I use Bandlab to record and distribute my songs. to Spotify, Soundcloud, and UA-cam. I also have a Instagram and Facebook. I uploaded a file to Tik Tok, but they removed it stating I was in copyright violation, because Wayne Mooney owns the rights to this song, but I'm Wayne Mooney... I've replied to this comment already, but it seems to dis-appear after a few minutes.@@TopMusicAttorney
Don't forget you can always watch the full live stream on the channel and that doesn't have any jump cuts or edits. There's also chapters to help you navigate through the sections. Thanks for the feedback and we appreciate you being a part of the community
It just seems like there’s no safe way to cover songs on video without the synchronization license, which of course is too expensive and/or too complicated to obtain. Personally, I understand. I don’t think people should cover songs without going through the proper channels. It’s just frustrating that there’s no practical way for people like myself that want to do it the right way. Even if others are doing it, you have no real confirmation that the content is legal/protected.
Yeah, that part confused me. If you're going to post a cover on You Tube, you're going to want to put a visual on the screen. Whether it's an entertaining video or just your band's name. Like, you don't need a synchronization license but should get one or see if other people are covering the song or..... What?
@@wooddogg8 So the law says, you need to get a sync license in advance. But almost nobody does it, and most (BUT NOT ALL) copyright owners don't care, because Content ID matching means they will automatically get paid royalties for your plays, so it's easy passive income for them. I suspect in the future the law will change to reflect this reality (that you'll be able to avoid the need for a sync license if there is a reasonable expectation that royalties will be paid automatically), but it's not there yet. Also, the "BUT NOT ALL" part means that some copyright owners can and will block or strike your video, even if 95%+ of them will be happy to just monetize it. And since there isn't any list or way to look up who does or does not have a license with UA-cam (or Meta, TikTok, etc.) to allow this use, or who does or does not block or strike or file takedown notices or sue in court, then it's just a guessing game and based on learning from the hard-won experience of others. There isn't anything a copyright attorney can say or do to clarify this further, unfortunately.
Seems like people doing covers of Eagles or Lynyrd Skynyrd get taken down from UA-cam regardless of your description of mechanical license? Used to be true also with Prince covers but it changed after he died and his estate took over.
That's because when it's on UA-cam, the license that stops them is a synchronization license (because it's video, instead of audio-only). The Eagles etc. cannot stop you from submitting an audio-only cover of their music to Spotify, or to UA-cam Music (where it shows up as an "art track", of audio-only, displaying only the album cover art). But they can stop you from posting a VIDEO which uses their songs.
Hello Krystle; on DistroKid you must pay a monthly fee for every single release of every cover, i.e. if you want to release the exact same master of the same cover song as a single as well as on an EP and/or on an album, you have to pay the same monthly fee for each of these uploads individually and in perpetuity, i.e. for as long as you want the song to remain online. Does this seem right? I understand paying DistroKid a one-time fee to obtain these licenses, but if I understand your video correctly, a monthly recurring fee for "maintaining", I suppose, these licenses seems... Wrong?
I'd like to echo this question. I posted a cover song in 2022 to Spotify and all the rest. I used Distrokid to do it, and they REQUIRED me to purchase a license for that song before they would distribute it. Moreover, they wouldn't permit me to shop around; I had to buy it, as a recurring purchase, from Distrokid, on top of the subscription fee I already pay them to distribute my music in the first place. Is there a way to tell Distrokid they're doing it wrong?
@@JonEricThe amendment to the cover song copyright law came to effect in January 2023. Before then, you had to purchase mechanical licenses in order to distribute cover songs to streaming platforms. After Jan 2023, streaming platforms now pay blanket mechanical licenses that cover that for you.
@@danielhaschke8401Fair enough, but Distrokid is still charging their recurring fee and they still don't seem to offer any way to opt out of paying it.
@@danielhaschke8401 I know I'm listening to the video, and I hear whats being said, but just to be clear.. are you stating that in 2024, when I record a cover song and put it out there, I don't need to use DistroKid ( or other services), I don't need a lic. of any kind? I can just record the song ( a cover) and that's it? I find this amazing that it's so lacking in this regard. I've been a gigging musician for over 4 decades, and it was always understood that SOMEONE had to submit a list to BMI, ASCAP. or SOCAN. I DO intend on releasing covers ( and potentially the odd one or 2 with a video... like everyone else who did it during lockdown). Why on earth, if no lic. are required do sites like Distrokid continue to exist?
One word is just a technicality because that legally makes it a rendition because the lyrics have legally changed, and that falls outside the frame work for their compilation packages. Right?
Thank you! A few questions: 1) if you upload a cover song to a DSP (with a proper mechanical license), does the DSP still automatically upload a video to YT of the static art and audio ? 2) if you have a cover song uploaded to DSPs and want to go back and make a music video for it to put on YT, can you get a sync license after?
Thank you Krystle, however I am still a bit confused 🤔. Am I right to understand that basically there are 2 routes: 1) create a cover song and put it on youtube for example with as sense royalties going to the original artist 2) release the cover officially through one of the distributors (whether to add content ID or not is another story?).. and also register the song in one of the mechanical license agencies? You mentioned Easy Song also in another video about Distrokid agreement probably, it would be good to know more about pros and cons of that. Did I miss anything? I did not fully understand what to do if you put a visual content to the cover song, like e.g. I put a photo (one taken by me and another cover has an image from Pixabay. If I do a vocal cover with ASMR and multiple layers of voices (I am a newbie, it was a creative experiment and also sort of in attempt to render a specific feeling), and either post it on youtube without any instruments or with my own or someone else’s piano / guitar / ukulele (with their credit/permission) however not releasing officially, so what is the best way to do about it? In terms of respecting copyright of creators. Also I wonder what would be the difference if the channel is created in USA vs Canada vs Europe vs Russia ? Also what if you do a tutorial how to play someone else’s song on a specific instrument? (Guitar/ Uke / Piano). I noticed some people do not sing full song at once, is it for a reason? They only do part by part explaining chords etc. Another question is if to do a remix for social dancing like urban kiz, zouk, Argentine tango (alternative tango), what do you need to make sure to do beforehand? And how much would it cost? Overall I am a big lover of cover songs, not only they help some songs to live longer and be revived, but also become popular. I discovered many songs in various languages thanks to first finding a cover by chance. And some covers are gorgeous and even well produced. It is fair of course that authors get royalties however I feel like those artists should be rewarded at least with some % , although of course I assume also there many bad covers which original artists might not be thrilled with… Can the creator of the song object having certain covers? Forbid them? ____ Many questions :)) Maybe you can make a video about it if it is too much to answer. PS Happy that I found your channel, watched a few videos and loved the way you explain complex contracts! Thank you!! ❤🙏🌼
Hi counselor. I wrote a song but one of my melodies contains an interpolation of a Charile Pugh song. Do I need his permission to put the song out? D I need to contact him first?
There are great covers being done for Les Mills. Everyone wants them. But they refuse to make them available to the public outside of the work out videos. Why? Instead they point people to the original songs without any way to get the new covers which are often times better than the originals. Hep! Hep us! You rock - darkly.
I find the midi for old songs I like and drop my own drums on it . I don't release it though because I feel like it's not mine . 😢 so is tht beat a cover ?
I've been dying to get an answer to this question. What if you take a soundbite from a film (like Rob Zombie does) and put that in your song. I've seen Arists from (again) Rob Zombie to all sorts of hip hop artists, to indie bands do this. Do you require a license or permission for taking soundbites from movies or news clips or speeches by public figures and putting them in songs?
You 100% need to get permission for that kind of sampling. That was a big trend especially in the '90s and a lot of those artists ended up having to pay big later. Do not just sample movies and put them in your songs without permission. Rob zombie /label is paying for those samples. I believe all of that also caught up with Nine Inch Nails. As people were deciphering were the downward spiral hits and noise samples that were coming from movies like Texas chainsaw massacre, The abyss, thx etc. A lot of that stuff I'm sure they got cleared early but I believe some of it they try to slide through the radar. Get that clearance!
@@TopMusicAttorney- Ahh yeah I definitely remember a lot of EBM artists used samples too like CombiChrist, Pulse Legion, etc. I was always wondering about the sampling of old movie sound bites. heh
Ok, I wanna play guitar along with Rush's limelight. I intended to record it with my phone and post it to FB, IG & TT. No money to be made...that's illegal?
Great episode! Two tangents… if an artist wanted to do a series comparing a new song to an old song by way of medley, that is now ok as long as you keep the integrity of the song? Tangent 2, if I submitted covers on UA-cam and they are flagged as copyright material previous to this change; do I need to notify UA-cam to remove the copyright notice? These is very useful content! Much obliged!
How about creating a new recording with different lyrics without changing the music (ala Karaoke)? Is that interpolation or covering, and what permissions are needed from whom to post it on UA-cam? ... or upload to DSPs?
I pay attention to videos like this and feel like I'm still looking for a definitive answer to the scenario I want to do: my own performances of jazz standards, including video of myself and the other performers, specifically for UA-cam. This is equivalent to what you would see with Scary Pockets' performances, or - as an extreme example - Jacob Collier's spectacular covers of Stevie Wonder songs. I want to do the work, I want to build the views and subscribers, and I want to collect whatever ad revenue is available. It sounds like I might need a sync license, but it's just not clear. This is not highly popular music to start with and it seems like I could fly under the radar a bit, but I would like to build revenue and I don't want copyright strikes.
Unless they are in the public domain because the copyright expired (meaning, the songs were essentially created before 1920), you would go through the same process as described in this video. If You are doing versions that have video components, you are required to get a sink license under copyright law, but there is a workaround of the licenses that labels have put into place with platforms like UA-cam. Copyright law in people are actually doing today are not always consistent, which can be frustrating. I hope this helps!
I was wondering pretty much the same thing. I've been having fun with removing guitar & bass from tracks with AI track separation, and adding my own guitar/bass. Been thinking about uploading some lately. I'm pretty sure I couldn't monetize them, but I don't have enough subscribers to monetize my channel, and it's not at all my goal anyway. Not sure if it would get my account deleted though. Did you ever find an answer to your question?
If I use the audio from a copyright song, separate the tracks in my DAW and assign several instruments in midi to different instruments, add several instruments from myself, and sing the song myself. Is that considered a copy song? I have no problem obtaining any licenses required. I would change the song from rock to country. I find your ai content very helpful. Thank you
This was awesome! I have a plan to release some cover songs on UA-cam, music and lyrics only with an original splash page with my information. I concluded from what you said that Covers on UA-cam should be fine. Second Question, I am creating an audio version of a book, in the public domain, I use for a class I teach. Can this be posted on UA-cam as an Audio Book without the copyright, assuming that I have no expectation of monitization?
Are you actually replaying the samples themselves? Then you're also using samples, and need a license. But if you are recreating the samples with your own performance of them as original audio, then you're good to go.
Streaming fraud is a separate problem and doesn't matter whether the songs are covers or originals. It involves using botnets to generate fake streams.
What about an song that is translated into a different language? That's what I'm dealing with right now... One site said it would be $500 plus, and I just got an email this morning quoting me at $500 plus another $1000 before its all over... Ouch... Its a worship song that has 1 verse repeated twice, so I'm not taking anything away, but singing it in Hebrew first, then the English (no changes), and the chorus again in Hebrew. So I'm adding to, but not taking anything away. Yet I'm told that a mechanical license isn't good enough. If its going to cost this much, I'm wondering if I should give the idea up... Should it really cost this much to get the licenses? Would make sense why nobody else has done it in another language yet. And for an obscure songwriter, it doesn't seem like the risk is worth the reward... I've never done a cover song before, so I find this process so confusing, and am not sure who to trust.
Hey, thank you for making this content! I am brand new to UA-cam @Sharla Ross. And I am stressing about these licenses. Also, I am Canadian. So do the same rules apply? I decided just to post without licenses because I saw another video also saying just do it, but it seems as though only you and the one other video are dated 2024 and saying this. Only 1 out 5 cover songs have been flagged for copywrite and I'm stressing that I'll get in trouble over the others. However, I did make sure others were covering these songs. thank you again!
What is a remix? I am in the process of making a cover song but it is slightly modified from the original song, plus I wanted to add a verse (not of my own) in the beginning of the cover song. After watching this, I’m so confused on what to do. Idc about making money, but I loved the verse that someone else created and added to their cover of a different song and thought it would go well with the recreation of the song I am doing. Is there anyway possible that I can do this legally? I know is not my art, so I want to make sure is clear that I don’t own the rights to any of the lyrics.
Thanks for this video on cover songs! Question: What if I changed on my version of a cover song one or two words in the lyrics because times have changed? So I put words like "community gardens" and "agroforest farms" instead of the old words 😃
If the DSP pays the MLC then why does Distrokid charge $12 per year per song for cover songs? I understand they charge for this even if I buy a mechanical license from the publisher.
That's a good question. If that's still the case, it should be to cover DOWNLOADS through iTunes, Amazon, or other places that sell them, because for whatever inane reason, those same platforms who happily pay streaming royalties to the MLC don't do it when the same song is sold for download instead of streamed. It sucks that they require it even if you bought a license elsewhere, but I suspect it covers their ass by guaranteeing that all cover songs do indeed have licenses. Some people could fail to secure a license separately but claim they did, and DistroKid probably doesn't want to take that chance.
So which distributor do you use these days to get stuff up on spotify etc? DistroKid claims to get the license on your behalf, but if you don't need them, how to actually get the music up without obtaining it? I'm a bit lost.
Ok so my question is this. I use CD Baby for originals and have been using Soundrop to distribute covers. Is there any point in doing this at this point? My thing is is that CD Baby specifically references Easy Song to get licenses but fron what youre saying i feel like you reaoly only need to do that if you're selling ut physically on cd. And then on the other side what about digital download platforms like iTunes and Amazon?
Exactly! CD Baby should be fine distributing your covers. I have not distributed through them in a long time, but I distributed covers through them previously. Hope this helps!
Great video, but can you specify if this is ok or not? I play a cover song this way: Play the guitar , sing the song. Do I need a license for that? There are no samplse, only me doing musicla interpretation
You lost me! what’s the simple breakdown of playing a cover, uploading it to you UA-cam, and sharing the cover on Facebook? Mechanical license or no mechanical license ?
Hey is it illegal or Unethical for TuneCore, Distrokid, etc to charge a yearly premium to get a mechanical license per cover vs getting it from Harry Fox or each online store? Ex If I did a Jazz Saxophone cover of Fall Out Boy Centuries.
My question is. Can i take the instrumental of a song and just add my voice with the same lyrics and post it on youtube without any issues? What if i dont monitize it ?
I was wondering pretty much the same thing, only I'd be replacing the guitars/bass. No interest in monetizing it. I think you need 1K or more subscribers to monetize your channel anyway, and I'm not trying to do youtube as a source of income, just something to have some fun with now and then. Did you ever find an answer? I don't want my account to get deleted over a stupid guitar cover, lol.
Pardon my ignorance on the matter, perhaps I just need a better understanding of sampling and covering. If I happen to use the instrumental version of an original song, (exact same thing minus vocals), so I can sing it myself, make my own harmonies and such, would that count as a cover? And, am I okay to post it without the intention to monetize? I have heard from different sources that it can only be considered a cover if you do your own instrumentals, as opposed to using the instrumental version of the original song. Sorry, just want to be sure where I stand before even attempting to upload anything.
Question: I'm kind of a noob so I'm dumb, please excuse that. Is it considered sampling or interpolationto use, say, a karaoke backtrack and only doing a cover of the vocals? I'm not good with instruments, so where does that leave folks like me?
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What if you’re a streamer and you want to work on cover songs live on stream, how would that work legally?
Really good coverよ！
I feel there's a good number of sections missing:
1. Translations. Japanese music especially has a lot of people covering the music in english and getting sued left and right by japanese companies due to the local copyright being extremely rough.
2. is dsps charging for mechanical licenses i.e. distrokid and soundrop still required?
3. since distrokid gets licenses from HFA, could you get it directly and not from distrokid? What's the logistics of that? And if you don't need it or can get it from other places with less friction in UX. What does that look like?
Right on. UA-cam used to have a blanket license and they published all of the music that was covered, but they stopped doing that long time ago. That’s what I have always told people to go look and see if the music is being covered. If it’s not don’t do it. Historically the Eagles have always been one of the groups that you stay away from.
I did an Eagles cover of Best of My Love. My channel got a copyright strike, and the video got taken down.
@@AndrewFloeter12 Ditto for Hotel California.
You're not wrong about The Eagles... Also AC/DC... UA-cam will f**k you up if you upload either of those two bands... I've also heard to stay away from The Cars.
I'm a new DJ and I'm so glad I found this channel. Admittedly though, I'm scared to death to try and make music. Time to delve through the archives before I post anything. Thanks!
Never be afraid. Let people see your growth in your journey I'm all about taking action. The fastest way to have your music career the way you want is to get started now. Don't be afraid of failure failure is a good thing You learn more from failing than anything else. And then that's when the real growth happens. You got this 💪
That is super exciting to be just getting started. The more you learn early on in your journey and embrace the journey the faster you were going to grow. 🖖
So glad i stumbled upon you through wings of pegagus?😂
I have a band doing covers and originals and this is valuable ❤
Thanks for the kind words. Please feel free to drop a note and let me know what you're working on - Krystle@TopMusicAttorney.com.
Thank you so much for explaining the difference between those 3 types. This is incredibly helpful!
You're so welcome!
Gotta love the law. Use 1 second, get sued for two kinds of royalties. But, redo an entire song, good to go!
This is why I'm not a musician. lol
Amazing information. I've had song parodies taken down. I thought satire and parody WAS allowed. Also, what's the rule on using karaoke tracks for your cover? Great video!
Thank you for this! Very informative and your delivery was great!
@WEdHarris Thanks for the kind words; please join us tonight for our weekly YT Livestream here at 5 pm PST.
There was a time when I used to create remixes of my most favourite tracks quite often (usually female vocals)
I never did anything with them as I knew without an inside connection to the rights owner I'd just be wasting my time trying to get clearance.
I know this is a little off topic but this video has just reminded me of the small back catalogue I've had sitting around for years and would love to put some of them out to world one day.
Just remember remixes are different than cover songs. Cover songs are great way to market and showcase your style and provide inspiration for future tracks.
@@TopMusicAttorney absolutely I was off topic.
I also feel cover songs are also in a whole different ball park to remixes.
Done correctly they can be as great if not greater than the original. Take Sam Smiths BBC live lounge cover of Whitney Houston's ' How will I know '
Two incredible versions of an incredible song, both amazing in their own right.
So, I've been thinking to post a few covers on Facebook, just for my friends to hear. Facebook only accepts videos, so I made one with a video creation app.
Would I be safe to post the song( s), or should I do that " due diligence" first?
Thanks.
I think you are amazing!
Most of the issues I have come across have been with UA-cam. Just look at some of the Rick Beato videos where he plays a part of a song as an instrumental tool. Labels have made UA-cam take those videos down due to alleged "copyright infringement" when Rick Beato argues that his usage of a song falls under "fair usage." He's even testified before Congress about this. You should definitely talk about covers specifically on UA-cam.
Yes, unfortunately automatic algorithms like Content ID don't have any judgement to determine something like "fair use". It also doesn't know if you've secured a license in advance. (The way that's supposed to work is that when you get the license, the copyright holder asks their distributor to have UA-cam "white-list" your channel, so that it will ignore Content ID matches against their content that it detects on your channel. But if they fail to get the white-listing in place, you'll still get flagged or monetized.) In the past, a copyright owner would need to sue if they thought you were infringing, so if it was clearly fair use they probably wouldn't bother since they might lose that case in court, but now they don't have to lift a finger to have UA-cam block or monetize videos automatically on their behalf, fair use or not.
Thank you for sharing your expertise on this topic with the supporting sections of the laws and nice cover of Blinding Lights! Just for clarification, you mentioned lyrics and song structure staying true to the original in a cover. Does it matter if you change the key, tempo, or any of the harmonic, melodic, or rhythmic aspects of the vocals, main motif, or hook? Examples like arpeggiating vs block chords, staccato vs legato, expanded harmony, or say take an 8th note melody and change it to 16th notes.
Step 1: Post the song.
Step 2: That's it you're done
step 0 - record the song
It should be noted that when uploading a song through a distributor (such as CD Baby, DistroKid, or TuneCore), they will ask who wrote the song, so you do need to enter the correct information there. (If it's an original song you just put yourself as the songwriter.)
I did a cover of “ please don’t let me be misunderstood” originally by Nina Simone, but made famous by the Animals. I was sent a notice that the record company would collect royalties and ad revenue, however, I don’t think my video got the kind of plays of my song where they would even bother. lol
@@scottsmith7521 Yes - they would retain the intellectual property rights to the song. So any UA-cam advertising revenue would go to them.
@@scottsmith7521 Yes, and this is typical!
It's TECHNICALLY a violation of copyright law to post any music (including your own cover performance of someone else's copyrighted song) as a video (even with just a still picture; the video doesn't even have to be moving) without first getting a sync license, which must be negotiated individually with the copyright owner (but see below, because it's not that simple). But if you try to approach the copyright owner to ask about a sync license, you won't even get a response, unless you're suggesting that you're in the position to pay thousands of dollars for the license. (It's not worth their effort to even respond otherwise.) They have the right to ask for any amount of money, no matter how obscene, or to just say "no", or to ignore you.
However, most copyright owners realized that it was a losing battle to try to get every usage taken down, or sue everyone, or whatever. They'd get one taken down, and 10 more would pop up. Also, unpopular, because so many of the videos are being posted by the artists' biggest fans, which is not really the audience they want to alienate. Also, not cost-effective because lawyers and investigators to detect and act on all these uses are expensive.
So when UA-cam introduced their Content ID matching system that could automatically detect and monetize such uses, most major content owners signed up and now have contracts with UA-cam to get paid for that. Even smaller content owners can participate via their distributors or publishers. So now, almost nobody cares if you upload a cover song, or even use their recording or music video in your own video, because they get paid the appropriate royalties automatically, without any effort on their part and without pissing anyone off or having to expensively investigate or file lawsuits or any of that. (I think it's likely the same is true of clips from movies and TV shows, but I don't know anything about that; all I'm directly aware of is the matching of songs, audio recordings of songs, and music videos.) Since they have a license (effectively a sync license) with UA-cam to allow such uses anywhere on the platform, we can even say that in these cases it's NOT illegal to use their content (songs, audio recordings, even music videos, maybe even movies and TV shows, I'm not sure) in your own videos! (Nina Simone's publisher DID get whatever royalties were generated from views of your video, automatically paid by UA-cam and aggregated with royalties from many other uses of her music. Or maybe not specifically, as some of the deals with major labels and publishers may be "blanket" licenses for a fixed monthly feel for use of their entire catalog.)
Of course there are always those few who refuse to participate, and try to block every use of their music, or file takedown notices. (I won't dignify them or give them free marketing by naming them, but many content creators complain about them, so they're kind of notorious.)
WE LOVE ❤YOU! For everything you do for our Indie Artists Community. Thank You! so much
This was very informative. I'm in a guitar forum, and another person had their UA-cam account cancelled for posting a cover, or at least that is what he believes. I'm nervous, because I'm a horrible player and singer, but I do covers. I'm sure they don't even sound like the originals sometimes, but I post some publicly. I'm afraid of losing my account now, and UA-cam doesn't communicate or respond when people disagree with them blocking their account for good. That doesn't seem right. I will have to now do some due diligence to make sure a lot of others have covered the song I'm thinking of making public. It's a shame that we have to live in fear of losing everything we've worked so hard at, and I have 4 years of recordings from the fist time I picked up a guitar until now, albeit most are unpublished. I don't want to lose my receptacle with all them together.
Thanks! I literally had to learn all his last week while battling my distributor over some cover releases! I wish this got posted last week lol. Thank you though this is awesome!!
Thanks for the vid. I'm in the process of recording a bunch of covers and have released 4 this year so far through Distrokid .. thinking that was the way to go and felt safe just buying the coversong license ... after hearing you suggest in another video that artists just release the songs themselves on YT I'm gonna try that ... I change these covers around freely but arrangement/structure of the songs usually stay the same but I may make a grunge song into a reggae or ska interpretation and some times change the whole perspective but changing multiple words..... sometimes even a passing chord ... maybe I wasn't hearing all you said .. English is not my 1'st language and when the legal mumbojumbo jargon comes into play I check out somehow ... this is exactly what I hate about being a musician/ producer ..... figuring out how to get paid .... and that why I was just taking the "easy" way w Distrokid hoping I was covered both on distribution and coversong license ...
I just released a new cover song and to be sure I added a Cover Licensing Seal of Authenticity to the cover art.
What song did you cover
@@ThatOrko , Eternal Flame, a timeless masterpiece from the 80's :)
Nirvana’s first song Love Buzz was a cover song which kinda brings me hope 😅
Hi - What happens for parody songs where all the words are purposely modified?
That would fall under fair use likely!
Thank you! @@TopMusicAttorney
What if I have instrumental from UA-cam? Should I have a license? From where Can I get the instrumental when I want make money from doing covers?
Did a sax cover of White Christmas on UA-cam and it was blocked. So, not sure how it's actually doable. Any insights?
Hello, Thank you for covering this topic again. I'm disappointed that now I have to get permission if I interpolate a song to do as a cover . I dont play piano well enough to do a cover playing that instrument. I was going to interpolate the songs with other instruments but alas I'll have to think about this now. Q: Can one use a legitimate Karaoke track (i.e. Soundchoice) which has been purchased by me and can be used at open mic nights, karaoke bars and even local festivals where they seek out local musicians to perform? Cheers. Talk Soon.
Question for you. I'm an Aussie artist and producer. Ive also wanted to do covers but information is so scarce on exactly how to do it.
Does being in Australia change things?
I have not researched copyright laws in your territory, but will see if I can look into it! Thank you for being here 🙌
@@TopMusicAttorney would help as I am looking at uploading to You Tube , from Aussie, also what is the go with using say same guitar solo in the track, same keyboard parts
Thanks for the info. Are there best ways to avoid takedowns if I legally sample something (like through Tracklib)?
I’m naturally cautious of what streaming services/distributors will do at this point 🙄
LOVE your channel. So, to be clear are you saying that to upload a cover with a video to UA-cam you don't need a sync license now because they already have an agreement in place with the majors labels ( Sony in my case) ?
She never clarify on this, you know why
@@danlaw1208 Agreed, she left that totally murky.... though I don't know why she didn't clarify
She didn't clarify because UA-cam PROBABLY has a license in place with the publisher, but it's not guaranteed. (Just to note, these are licenses with publishers, not record labels, though the major labels also have publishing arms under the same corporate umbrella.) Some songwriters make sure there is NOT a license to use their music, and any uses are automatically blocked (Eagles, AC/DC, Beatles, for example, from what I have heard). Some works might not be uploaded by the publisher, so, while Content ID won't flag your cover, the songwriter won't be paid either, which in theory potentially puts you at risk for a takedown or even being sued (though the latter is very unlikely, as it's expensive and cumbersome for them to do). And there's no way to find out for sure without just uploading the video and seeing what happens. So the reason she didn't clarify is because in reality it is not clear.
Do you have a checklist of what to do from an independent creator's perspective? For example, if someone wanted to cover your song or use it for any other reason? What's the best route to get content covered by Content Id, etc? Thanks.
Two scenarios:
1. I cover an alt-folk song and turn it into a hardcore punk rock song - if I change the guitar solo, is that materially changing the spirit of the song?
2. Take #1 but translate/interpret the song into a different language. Still a cover song?
what a remixes then? song is usually heavy restructured and chopped. Thx for very informative video
Thanks for this. Years back when I quit smoking cigarettes (for the third time), I decided on a three-part strategy for giving up unwanted habits. One of the parts was replacement. For me it was tea tree toothpicks. But I didn’t realize at the time that it would be most effective in the long-term if that replacement gets at the root need/desire of the habit that’s being discarded. Very helpful insight.
How close to the original is deemed a cover song. Because if it is structure, that makes nearly all EDM covers not covers because EDM doesn't follow pop and rock structures, it generally has drops that mimic the vocal melody, a counter melody or are just minimal drops with very little melodic content. I lot of producers appear as if they do covers (as opposed to a remix), because they can't get the rights to the sample. Naeleck - Creep, Ran-d - Zombie, Cheat Codes - Let Me Hold You, Syn Cole - Californication and pretty much all versions of Bella Ciao are examples where yes they have the main chorus melody but add other sections, extra melodies or don't even include the verses. I wonder if these are all technically considered interpolation.
So, if you post a "journey" to singing like a particular artist, you still credit the original artist in every video description including shorts?
Like 'how to sing like Queen'.
Girl you're godsend thank you for your business! 😢🤘🏽💜
Thank you. Means a lot.
Welcome to the community
Went through this with an artist doing a cover song. She changed a song from man to woman and they wouldn't grant a mechanical license.
Who wouldn't grant the mechanical license?
@@TopMusicAttorney Distro. 5 yrs ago We had to contact song owners / publishers directly and get a custom license. They wanted a crazy amount for the licensing for an independent artist. So ended up removing the song from the album and didn't release the song. I think this is a rare case or maybe not. The word change also changed the song title from man to woman. So that might have made things different I don't know.
I feel like artists take issue if it's seemingly changes the theme of the song or intention. I honestly haven't heard the situation that you would do too much but it does happen
Is "We Are The Hits" still relevant anymore for doing covers on UA-cam ? They used to help monetize the covers. I had signed up a couple years ago but noticed some of their verbiage has changed and do not find much information on them anymore though they are still operating. Thanks. Love your videos. They are so informative and not boring on such a boring topic.
Question: What do you think of SessionStudio, created by Bjorn from Abba?
so mixtape days are officially and completely dead? can't make a song without beat licenses?
Sincere inquiry with cover songs; if I translate the words of a song to a foreign language do I have to detail the rights holders: publisher and songwriter the terms of the translation or because it will be the same vocabulary would I simply apply for the mechanical licensing? Is this a rendition or a true cover song?
Hiya. Lets just see what mine field this becomes. I play with a couple of local bands. One song I do with 3 different acts is Heroes - David Bowie. So far I have found at least 6 different versions including live where Bowie has sung different lyrics. This includes things like radio edits missing verses, different arrangements and even a whole new verse. Now I have had a great reaction to my rendition and now in the process of recording it. Am I bound to follow at least 1 Bowie version? Now throw in the mix that so many others have covered the song like Blondie who I saw live last month do yet another version, and there is the Motorhead version with altered lyrics. My cover of the song includes some lyrics from the Motorhead version. And being in Australia is there a difference in copyright law, and what jurisdiction would I be subject to if I released it via world wide streaming with potentially a live video? Have I missed stepping on anyone else's toes?
I went to upload a cover song video to UA-cam and it forced me to mute the audio in Russia and Belarus m. However, it was still muted in the USA. Never had this issue, how can I resolve this? The label who owns original song is universal.
I've had Tik Tok remove my songs that I posted. Saying I was in copyright violation.
Tell me more
I'm a singer song writer. I use Bandlab to record and distribute my songs. to Spotify, Soundcloud, and UA-cam. I also have a Instagram and Facebook. I uploaded a file to Tik Tok, but they removed it stating I was in copyright violation, because Wayne Mooney owns the rights to this song, but I'm Wayne Mooney... I've replied to this comment already, but it seems to dis-appear after a few minutes.@@TopMusicAttorney
This is so helpful. Thank you 😊
I find your videos very, very informative but is the extreme overuse of jump cuts and zooming really necessary?
Haha I'll discuss it with my editor. Thank you for being here! 🙌⚖️
Don't forget you can always watch the full live stream on the channel and that doesn't have any jump cuts or edits. There's also chapters to help you navigate through the sections. Thanks for the feedback and we appreciate you being a part of the community
If it is on Spotify, they don't check if the legality of the poster?
Im angry they blocked a song that was written in 1926 that i posted on youtube!
It just seems like there’s no safe way to cover songs on video without the synchronization license, which of course is too expensive and/or too complicated to obtain. Personally, I understand. I don’t think people should cover songs without going through the proper channels. It’s just frustrating that there’s no practical way for people like myself that want to do it the right way. Even if others are doing it, you have no real confirmation that the content is legal/protected.
Yeah, that part confused me. If you're going to post a cover on You Tube, you're going to want to put a visual on the screen. Whether it's an entertaining video or just your band's name. Like, you don't need a synchronization license but should get one or see if other people are covering the song or..... What?
@@wooddogg8 So the law says, you need to get a sync license in advance. But almost nobody does it, and most (BUT NOT ALL) copyright owners don't care, because Content ID matching means they will automatically get paid royalties for your plays, so it's easy passive income for them. I suspect in the future the law will change to reflect this reality (that you'll be able to avoid the need for a sync license if there is a reasonable expectation that royalties will be paid automatically), but it's not there yet. Also, the "BUT NOT ALL" part means that some copyright owners can and will block or strike your video, even if 95%+ of them will be happy to just monetize it. And since there isn't any list or way to look up who does or does not have a license with UA-cam (or Meta, TikTok, etc.) to allow this use, or who does or does not block or strike or file takedown notices or sue in court, then it's just a guessing game and based on learning from the hard-won experience of others. There isn't anything a copyright attorney can say or do to clarify this further, unfortunately.
Thanks for that!
What about instrumental covers? e.g If I say cover Blinding Lights on an acoustic guitar...
What a dumpster fire this issue is.
Seems like people doing covers of Eagles or Lynyrd Skynyrd get taken down from UA-cam regardless of your description of mechanical license? Used to be true also with Prince covers but it changed after he died and his estate took over.
That's because when it's on UA-cam, the license that stops them is a synchronization license (because it's video, instead of audio-only). The Eagles etc. cannot stop you from submitting an audio-only cover of their music to Spotify, or to UA-cam Music (where it shows up as an "art track", of audio-only, displaying only the album cover art). But they can stop you from posting a VIDEO which uses their songs.
Why do cover song videos get "copyright strikes" if you are NOT monetized?
Hello Krystle; on DistroKid you must pay a monthly fee for every single release of every cover, i.e. if you want to release the exact same master of the same cover song as a single as well as on an EP and/or on an album, you have to pay the same monthly fee for each of these uploads individually and in perpetuity, i.e. for as long as you want the song to remain online. Does this seem right? I understand paying DistroKid a one-time fee to obtain these licenses, but if I understand your video correctly, a monthly recurring fee for "maintaining", I suppose, these licenses seems... Wrong?
I'd like to echo this question. I posted a cover song in 2022 to Spotify and all the rest. I used Distrokid to do it, and they REQUIRED me to purchase a license for that song before they would distribute it. Moreover, they wouldn't permit me to shop around; I had to buy it, as a recurring purchase, from Distrokid, on top of the subscription fee I already pay them to distribute my music in the first place.
Is there a way to tell Distrokid they're doing it wrong?
@@JonEricThe amendment to the cover song copyright law came to effect in January 2023. Before then, you had to purchase mechanical licenses in order to distribute cover songs to streaming platforms. After Jan 2023, streaming platforms now pay blanket mechanical licenses that cover that for you.
@@danielhaschke8401Fair enough, but Distrokid is still charging their recurring fee and they still don't seem to offer any way to opt out of paying it.
@@danielhaschke8401 I know I'm listening to the video, and I hear whats being said, but just to be clear.. are you stating that in 2024, when I record a cover song and put it out there, I don't need to use DistroKid ( or other services), I don't need a lic. of any kind? I can just record the song ( a cover) and that's it? I find this amazing that it's so lacking in this regard. I've been a gigging musician for over 4 decades, and it was always understood that SOMEONE had to submit a list to BMI, ASCAP. or SOCAN.
I DO intend on releasing covers ( and potentially the odd one or 2 with a video... like everyone else who did it during lockdown). Why on earth, if no lic. are required do sites like Distrokid continue to exist?
One word is just a technicality because that legally makes it a rendition because the lyrics have legally changed, and that falls outside the frame work for their compilation packages. Right?
Thank you! A few questions:
1) if you upload a cover song to a DSP (with a proper mechanical license), does the DSP still automatically upload a video to YT of the static art and audio ?
2) if you have a cover song uploaded to DSPs and want to go back and make a music video for it to put on YT, can you get a sync license after?
Hey, hey! Thanks for the questions. Do you have time to jump on one of our livestreams and ask this?
@@TopMusicAttorneyI could! When are they?
Thank you Krystle, however I am still a bit confused 🤔. Am I right to understand that basically there are 2 routes:
1) create a cover song and put it on youtube for example with as sense royalties going to the original artist
2) release the cover officially through one of the distributors (whether to add content ID or not is another story?).. and also register the song in one of the mechanical license agencies? You mentioned Easy Song also in another video about Distrokid agreement probably, it would be good to know more about pros and cons of that.
Did I miss anything?
I did not fully understand what to do if you put a visual content to the cover song, like e.g. I put a photo (one taken by me and another cover has an image from Pixabay.
If I do a vocal cover with ASMR and multiple layers of voices (I am a newbie, it was a creative experiment and also sort of in attempt to render a specific feeling), and either post it on youtube without any instruments or with my own or someone else’s piano / guitar / ukulele (with their credit/permission) however not releasing officially, so what is the best way to do about it? In terms of respecting copyright of creators.
Also I wonder what would be the difference if the channel is created in USA vs Canada vs Europe vs Russia ?
Also what if you do a tutorial how to play someone else’s song on a specific instrument? (Guitar/ Uke / Piano). I noticed some people do not sing full song at once, is it for a reason? They only do part by part explaining chords etc.
Another question is if to do a remix for social dancing like urban kiz, zouk, Argentine tango (alternative tango), what do you need to make sure to do beforehand? And how much would it cost?
Overall I am a big lover of cover songs, not only they help some songs to live longer and be revived, but also become popular. I discovered many songs in various languages thanks to first finding a cover by chance. And some covers are gorgeous and even well produced. It is fair of course that authors get royalties however I feel like those artists should be rewarded at least with some % , although of course I assume also there many bad covers which original artists might not be thrilled with…
Can the creator of the song object having certain covers? Forbid them?
____
Many questions :))
Maybe you can make a video about it if it is too much to answer.
PS Happy that I found your channel, watched a few videos and loved the way you explain complex contracts! Thank you!! ❤🙏🌼
Hi counselor. I wrote a song but one of my melodies contains an interpolation of a Charile Pugh song. Do I need his permission to put the song out? D I need to contact him first?
Yes. you need permission to release interpolations.
Such great information. Thanks!
There are great covers being done for Les Mills. Everyone wants them. But they refuse to make them available to the public outside of the work out videos. Why? Instead they point people to the original songs without any way to get the new covers which are often times better than the originals. Hep! Hep us! You rock - darkly.
I find the midi for old songs I like and drop my own drums on it . I don't release it though because I feel like it's not mine . 😢 so is tht beat a cover ?
what about the Copyrigting t your version of the sound recording you can expound on that s well?
This is very interesting info.
What about for digital downloads on Bandcamp? They are not with a distributor so would you then still need a license from Easy Song ?
I've been dying to get an answer to this question. What if you take a soundbite from a film (like Rob Zombie does) and put that in your song. I've seen Arists from (again) Rob Zombie to all sorts of hip hop artists, to indie bands do this. Do you require a license or permission for taking soundbites from movies or news clips or speeches by public figures and putting them in songs?
You 100% need to get permission for that kind of sampling. That was a big trend especially in the '90s and a lot of those artists ended up having to pay big later. Do not just sample movies and put them in your songs without permission. Rob zombie /label is paying for those samples.
I believe all of that also caught up with Nine Inch Nails. As people were deciphering were the downward spiral hits and noise samples that were coming from movies like Texas chainsaw massacre, The abyss, thx etc. A lot of that stuff I'm sure they got cleared early but I believe some of it they try to slide through the radar. Get that clearance!
@@TopMusicAttorney wow thanks so much for that info super helpful.
@@TopMusicAttorney- Ahh yeah I definitely remember a lot of EBM artists used samples too like CombiChrist, Pulse Legion, etc. I was always wondering about the sampling of old movie sound bites. heh
Ok, I wanna play guitar along with Rush's limelight. I intended to record it with my phone and post it to FB, IG & TT. No money to be made...that's illegal?
Great episode! Two tangents… if an artist wanted to do a series comparing a new song to an old song by way of medley, that is now ok as long as you keep the integrity of the song? Tangent 2, if I submitted covers on UA-cam and they are flagged as copyright material previous to this change; do I need to notify UA-cam to remove the copyright notice? These is very useful content! Much obliged!
How about creating a new recording with different lyrics without changing the music (ala Karaoke)? Is that interpolation or covering, and what permissions are needed from whom to post it on UA-cam? ... or upload to DSPs?
Great info! 🙌
Glad you think so!
I pay attention to videos like this and feel like I'm still looking for a definitive answer to the scenario I want to do: my own performances of jazz standards, including video of myself and the other performers, specifically for UA-cam. This is equivalent to what you would see with Scary Pockets' performances, or - as an extreme example - Jacob Collier's spectacular covers of Stevie Wonder songs. I want to do the work, I want to build the views and subscribers, and I want to collect whatever ad revenue is available. It sounds like I might need a sync license, but it's just not clear.
This is not highly popular music to start with and it seems like I could fly under the radar a bit, but I would like to build revenue and I don't want copyright strikes.
Unless they are in the public domain because the copyright expired (meaning, the songs were essentially created before 1920), you would go through the same process as described in this video. If You are doing versions that have video components, you are required to get a sink license under copyright law, but there is a workaround of the licenses that labels have put into place with platforms like UA-cam. Copyright law in people are actually doing today are not always consistent, which can be frustrating. I hope this helps!
If I use an instrumental track of Perfect by Ed Sheeran then record my voice, is that considered cover or sampling ?
I was wondering pretty much the same thing. I've been having fun with removing guitar & bass from tracks with AI track separation, and adding my own guitar/bass. Been thinking about uploading some lately. I'm pretty sure I couldn't monetize them, but I don't have enough subscribers to monetize my channel, and it's not at all my goal anyway. Not sure if it would get my account deleted though. Did you ever find an answer to your question?
If I use the audio from a copyright song, separate the tracks in my DAW and assign several instruments in midi to different instruments, add several instruments from myself, and sing the song myself. Is that considered a copy song? I have no problem obtaining any licenses required. I would change the song from rock to country. I find your ai content very helpful. Thank you
I do the shots feature on Ultimate Guitar and want to upload them as shorts and reals. Thoughts?
Make sure you get permission from Ultimate Guitar if they have final ownership of the clips!
@TopMusicAttorney why would they own them? Does UA-cam own Shorts?
This was awesome! I have a plan to release some cover songs on UA-cam, music and lyrics only with an original splash page with my information. I concluded from what you said that Covers on UA-cam should be fine. Second Question, I am creating an audio version of a book, in the public domain, I use for a class I teach. Can this be posted on UA-cam as an Audio Book without the copyright, assuming that I have no expectation of monitization?
Hello, Great information, Thank you. Do you have one discussion on attempting to remix (not cover) a song?
What about the Eagles? Many covers of them were stricken.
What if the song you want to cover contains samples of another song? You didn’t cover this. Does this complicate things further at all?
Are you actually replaying the samples themselves? Then you're also using samples, and need a license. But if you are recreating the samples with your own performance of them as original audio, then you're good to go.
Very informative. I am interested in chatting about a cover project Im planning for UA-cam
What if TuneCore removed an entire album of cover songs for "streaming fraud"......??
Streaming fraud is a separate problem and doesn't matter whether the songs are covers or originals. It involves using botnets to generate fake streams.
Have you heard the band The John Candy i dont know how they get away with there samples
What about an song that is translated into a different language? That's what I'm dealing with right now... One site said it would be $500 plus, and I just got an email this morning quoting me at $500 plus another $1000 before its all over... Ouch...
Its a worship song that has 1 verse repeated twice, so I'm not taking anything away, but singing it in Hebrew first, then the English (no changes), and the chorus again in Hebrew. So I'm adding to, but not taking anything away.
Yet I'm told that a mechanical license isn't good enough. If its going to cost this much, I'm wondering if I should give the idea up... Should it really cost this much to get the licenses? Would make sense why nobody else has done it in another language yet. And for an obscure songwriter, it doesn't seem like the risk is worth the reward...
I've never done a cover song before, so I find this process so confusing, and am not sure who to trust.
Hey, thank you for making this content! I am brand new to UA-cam @Sharla Ross. And I am stressing about these licenses. Also, I am Canadian. So do the same rules apply? I decided just to post without licenses because I saw another video also saying just do it, but it seems as though only you and the one other video are dated 2024 and saying this. Only 1 out 5 cover songs have been flagged for copywrite and I'm stressing that I'll get in trouble over the others. However, I did make sure others were covering these songs. thank you again!
What is a remix? I am in the process of making a cover song but it is slightly modified from the original song, plus I wanted to add a verse (not of my own) in the beginning of the cover song. After watching this, I’m so confused on what to do. Idc about making money, but I loved the verse that someone else created and added to their cover of a different song and thought it would go well with the recreation of the song I am doing. Is there anyway possible that I can do this legally? I know is not my art, so I want to make sure is clear that I don’t own the rights to any of the lyrics.
The thumbnail says "Leagally"
🤣🤣🤣🤣🤣
Your videos are a great resource.
🙏
Thanks for this video on cover songs! Question: What if I changed on my version of a cover song one or two words in the lyrics because times have changed? So I put words like "community gardens" and "agroforest farms" instead of the old words 😃
If the DSP pays the MLC then why does Distrokid charge $12 per year per song for cover songs? I understand they charge for this even if I buy a mechanical license from the publisher.
That's a good question. If that's still the case, it should be to cover DOWNLOADS through iTunes, Amazon, or other places that sell them, because for whatever inane reason, those same platforms who happily pay streaming royalties to the MLC don't do it when the same song is sold for download instead of streamed. It sucks that they require it even if you bought a license elsewhere, but I suspect it covers their ass by guaranteeing that all cover songs do indeed have licenses. Some people could fail to secure a license separately but claim they did, and DistroKid probably doesn't want to take that chance.
So which distributor do you use these days to get stuff up on spotify etc? DistroKid claims to get the license on your behalf, but if you don't need them, how to actually get the music up without obtaining it? I'm a bit lost.
Hi and thank you. If you title the post as a cover practice and its a short , could i have a problem?
So if I want to just sing Mariah Carey songs on UA-cam or tiktok I can without copyrights?
Ok so my question is this. I use CD Baby for originals and have been using Soundrop to distribute covers. Is there any point in doing this at this point? My thing is is that CD Baby specifically references Easy Song to get licenses but fron what youre saying i feel like you reaoly only need to do that if you're selling ut physically on cd. And then on the other side what about digital download platforms like iTunes and Amazon?
Exactly! CD Baby should be fine distributing your covers. I have not distributed through them in a long time, but I distributed covers through them previously. Hope this helps!
If I want to cover a song but translate the lyrics from English to Spanish, is that a Cover or Considered Interpolation?
Great video, but can you specify if this is ok or not? I play a cover song this way: Play the guitar , sing the song. Do I need a license for that? There are no samplse, only me doing musicla interpretation
I just got educated!
Welcome to the community 💪
You lost me! what’s the simple breakdown of playing a cover, uploading it to you UA-cam, and sharing the cover on Facebook?
Mechanical license or no mechanical license ?
the beatles, made tons of covers in their begining. Most of the singers, were not the original composer nor writer, not even the original artist.
Hey is it illegal or Unethical for TuneCore, Distrokid, etc to charge a yearly premium to get a mechanical license per cover vs getting it from Harry Fox or each online store? Ex If I did a Jazz Saxophone cover of Fall Out Boy Centuries.
@TopMusicAttorney I love the discussion on your channel. You rock!
Part 2... should we be afraid of "Content ID" claims on cover song videos on UA-cam?
I need a license 😢 so I can’t post covers but idk wich one is good
My question is. Can i take the instrumental of a song and just add my voice with the same lyrics and post it on youtube without any issues? What if i dont monitize it ?
I was wondering pretty much the same thing, only I'd be replacing the guitars/bass. No interest in monetizing it. I think you need 1K or more subscribers to monetize your channel anyway, and I'm not trying to do youtube as a source of income, just something to have some fun with now and then. Did you ever find an answer? I don't want my account to get deleted over a stupid guitar cover, lol.
Pardon my ignorance on the matter, perhaps I just need a better understanding of sampling and covering.
If I happen to use the instrumental version of an original song, (exact same thing minus vocals), so I can sing it myself, make my own harmonies and such, would that count as a cover? And, am I okay to post it without the intention to monetize?
I have heard from different sources that it can only be considered a cover if you do your own instrumentals, as opposed to using the instrumental version of the original song. Sorry, just want to be sure where I stand before even attempting to upload anything.
Question: I'm kind of a noob so I'm dumb, please excuse that. Is it considered sampling or interpolationto use, say, a karaoke backtrack and only doing a cover of the vocals? I'm not good with instruments, so where does that leave folks like me?
Wait so I need a sync licence to post a cover song (video with audio) to youtube?
So how does Don Henley employ 60 people full time (his words) to trawl through the Internet and block/remove covers of Eagles songs?