Do You Need Permission to Cover a Song?

A cover version of a song is a new recording of an existing song, created and performed by someone other than the copyright holder. Unlike Taylor Swift re-recording her own masters, a cover song usually involves a new artist taking on pre-existing material to make their own version. An example might be Taylor Swift playing a version of “Cowboy Take Me Away” by the Chicks, instead of re-recording her own song “You Belong With Me.”

The question of what a cover song is especially applies to YouTube creators, live performers, and recording artists. While covers have a high click rate and tend to be incorporated in many artists’ creative and marketing strategies, they also come with their own risks. Certain restrictions apply to how many changes and what kinds of creative ownership a cover artist can attempt with their version.

Understanding Copyright Basics

Songs are covered by copyright law, which has federal, state, and international restrictions designed to protect intellectual property holders. Copyright law essentially ensures that writers, artists, and recording labels can decide how their work gets used. This includes rights to restrict re-recordings and cover versions. Copyright basics also allow songwriters the ability to get paid for their musical compositions and recordings, monetizing music for use in film, TV, on streaming platforms, and radio.

What Rights Do Songwriters Hold?

Songwriters might hold two kinds of rights to a song: both composition and recording rights. These two different kinds of copyright pay out from different royalty pools. It’s worthwhile to look at why music law has this complicated structure; in many instances, the artist performing the song would not have also written the music and lyrics that they were singing and playing.

Consider Aretha Franklin’s version of “You Make Me Feel Like a Natural Woman.” While many consider her performance and recorded version of the tune to be iconic, the song was actually written by Carole King and Gerry Goffin, with inspiration attributed to Jerry Wexler, who proposed the idea for Aretha Franklin. Therefore, the composition (the “song”, meaning the music and lyrics) requires its own copyright protection.

The composition rights would be held by King and Goffin or their publisher, with payment and licensing attributed to their agency, such as the Harry Fox Agency. The recording rights, however, are separate and would apply to Aretha Franklin’s specific version of the song. The sound recording copyright refers to the audio file (“master”) of Franklin performing the song, and would likely be owned by the recording label that financed it or by Aretha Franklin’s estate.

What Is a Mechanical License?

While anyone can sing a song, if you intend to make a recorded version for distribution, you will need to pay the original songwriters via their publisher, as well as receive what is called a mechanical license. Likewise, if you are hired as a performer and incorporate covers into your set, you should know when copyright restrictions apply.

A mechanical license is the legal permission to record a new audio-only version of a song. If you intend to sell downloads of your cover song or make CDs, you need to purchase a mechanical license. You also need a mechanical license if you intend to upload your cover to streaming platforms like Spotify or Apple Music.

Mechanical licensing compensates the original songwriters for the new recorded or “mechanical” rendition of their song, and it typically moves through either your own publisher or distributor. For independent artists, you may be able to purchase a mechanical license for a cover song through agencies that represent songwriters, like the Harry Fox Agency. For songs in the public domain, it is not necessary to purchase a mechanical license.

What Is a Public Performance License?

If you’re on the aux cord at a party, you can play whatever songs you like from your personal Spotify or Apple Music account (assuming you’re the designated DJ by the host). However, the same is not true of businesses or venues. A gym, store, or club that plays the same song over its speakers needs to have purchased a public performance license from performance rights organizations (PROs) such as ASCAP, BMI, or SESAC.

Even cafés, breweries, and some event organizers need to look into securing a public performance license for music before opening their doors. In general, commercial licensing is required to airplay outside of a private home or gathering. Luckily, one license often covers hundreds or thousands of songs in the catalogue.

Skipping this relatively simple step means that songwriters are not compensated for their work. Especially in the day and age of fractions of pennies per stream, failing to compensate songwriters appropriately with commercial licensing takes music makers for granted.

Do You Need Permission to Cover a Song on YouTube?

Mechanical licensing covers audio-only versions of songs, but what about posting a cover to YouTube? In order to do so legally, you will technically need to receive permission from the original rights holder as well as enter into the world of sync licensing. Sync licensing is another kind of payment option available to compensate the original rights holders for the use of their music over a visual.

How YouTube Detects Covers

Obviously, not every YouTube creator follows all of these steps. Many cover songs would never be available online if individuals had to personally contact the artist beforehand or even secure permission from a licensing agency.

YouTube is a unique platform when it comes to music copyright law. It walks a fine line between audio renditions (mechanical licensing) and visuals (sync), as well as live performance. For this reason, the way that YouTube has handled its copyright claims has changed over the years. At the moment, uploading a cover to YouTube can result in any of the following outcomes:

• Claims: YouTube ContentID automatically and continuously scans the platform for cover songs. When one is detected, the original publisher is alerted, and they can place a claim on your video, which allows them to monetize your YouTube video version of their song and collect ad revenue from the plays.
• Strikes: A YouTube strike is the platform’s penalty for copyright violations and will result in your video being removed. Three strikes within 90 days can lead to your channel being terminated, which can be a serious blow to emerging artists and content creators, along with other consequences such as an inability to livestream or monetize your channel.
• Takedowns: A DMCA takedown can also be issued for cover songs posted on YouTube. DMCA takedowns are initiated by the copyright holder, and they are legal notices that require the platform to remove content deemed in violation of copyright law. Failure to comply with a DMCA takedown can result in fines, legal damages, loss of permissions and protections, and reduced visibility online.

How to Avoid Copyright Claims on YouTube for Cover Songs

While many YouTube creators bank on cover songs for increased visibility and attention, it is a good idea never to rely upon a cover to make or break your channel. YouTube’s ContentID is not the same as permission from the rights holder, and they can choose not to monetize your cover video at any time, resulting in its removal. Some other suggestions for YouTube creators are to put licensing information (when applicable) in the description, as well as use the metadata to clearly highlight that your version is a cover.

Monetization and YouTube Covers

When a cover can remain up through ContentID, it is not monetized in the same way as other videos are, as an equal split between YouTube and the creator. YouTube ContentID is a pre-negotiated split through the platform, a compromise for original rights holders that allows them to recoup lost licensing payments through ad revenue. If your video is flagged by ContentID and allowed to remain up, you will receive anywhere from 40-50% of the remaining ad revenue from the video, after paying out both the music publisher (around 60%) and YouTube as the online host (around 45%).

Do You Need Permission to Cover a Song Live?

It’s common for performing artists at all stages of their careers to include a cover song in their set. While you may be concerned about your responsibility, in these cases, the venue has the obligation to have secured a live performance license through the applicable PRO. You, as the artist, should provide your set list in advance to the venue so that they can ensure they have the appropriate coverage for your cover.

Do You Need Permission to Record a Cover Song?

Yes, you need permission from the original rights holder or their publisher/agency to legally record and distribute a cover song. You may be able to request this permission from an agency such as Mechanical Licensing Collective (MLC) or by looking up the rights holder on Songview. The lines can blur for live performances, but in general, you need permission any time your performance of another person’s song will be recorded and shared.

When Is a Mechanical License Required?

Say you perform a cover song, either as a live recorded version or in the studio. You then want to distribute this recording by selling it on CDs, including it as a digital download on your email list, or sharing it with fans via Bandcamp. In this case, you would need a mechanical license.

Digital Downloads and Streaming Covers

Distributing covers online still involves compulsory mechanical licensing, but the logistics are often different. For uploading a cover to streaming, your distributor will secure the mechanical license and pay royalties via HFA or SESAC. You will typically pay an additional fee to your distributor for this service.

The Key Legal Concepts of Copyright Laws for Cover Songs

Cover songs are important creative outlets for artists, as well as help ensure a continuing legacy for the original performers and songwriters. However, there are some areas of legal nuance to consider when you want to record a cover song.

Compulsory Licenses

Compulsory licenses are what most individual creators are purchasing when you pay fees to your distributor to upload a cover song. Compulsory mechanical licenses are limited in scope, although they are relatively straightforward to secure, and they are so-named because they are guaranteed for anyone to access via US copyright law. However, a compulsory license does not allow for significant changes to the lyrics, melody, or arrangement of a cover song.

Voluntary Licenses

Voluntary licensing involves direct negotiation with rights holders. Voluntary negotiations are often used any time an artist wishes to make their own version of a song involving a melody change or lyrics rewrite, as well as for sync licensing and branding. Voluntary licenses are not guaranteed, and can be denied if the songwriter does not agree with your new vision for the song or how it will be used.

Voluntary licensing covers derivative works, such as interpolations or remixes. One famous version is Frank Ocean’s “White Ferrari”, which uses both melody and lyrics from The Beatles’ “Here, There, and Everywhere.” However, Frank Ocean changed the lyrics and re-recorded the melody in his own style.

This leads to the song being considered a derivative work involving voluntary licensing instead of a straightforward cover. While voluntary licensing can lead to significantly more creative freedom using existing material, like in the “White Ferrari” example, it is also conducted on a case-by-case basis and must be done with permission from the original rights holders. On the Frank Ocean track, both John Lennon and Paul McCartney are listed as songwriters.

Fair Use and Cover Songs: Myth vs. Reality

Fair use standards allow creators to incorporate existing artwork into their performance or practice when:

• The changes they make are transformative, such as a new genre of performance.
• They do not compete with the original as market substitutes, i.e., are not being used for commercial gain.
• They are being used for teaching, critical, or research purposes.

Because of this, claiming fair use for cover songs is risky. Making transformative changes like rewriting lyrics or reworking arrangements on cover songs is not covered by compulsory mechanical licensing. Many cover songs by definition cannot qualify for fair use protections, because they must be similar to the original.

However, some may be able to be uploaded to YouTube for teaching purposes (i.e., by vocal coaches showing students how to reach a note or shape their vowels), or as non-competitive options.

How to Avoid Copyright Claims on YouTube for Cover Songs

Practical tips specific to YouTube creators for cover songs include:

• Use licensed backing tracks whenever possible. If you are a vocalist looking to show off your chops, consider purchasing the backing track instead of playing the part yourself.
• Link to the original. As opposed to running the risk of being demonetized, many content creators highlight that their version is a cover by linking back to the original in order to begin the ContentID ad revenue process.
• Add copyright notices. Always attribute the original artist as well as the songwriters for any cover song that you upload.
• Register with licensed aggregators. Make sure your online distributor is licensed and registered with a PRO to pay appropriate fees.

Work with a law firm like The Fried Firm to ensure that you handle your cover song licensing correctly the first time. Don’t wait until you are facing consequences like your channel being demonetized, a DMCA takedown notice, or another type of legal action to reach out. We can get it right from the start and ensure that your cover song can be enjoyed far and wide, without worry over what happens if it reaches the rights holders’ ears.

What Happens if You Don’t Get Permission to Cover a Song?

Some consequences of unlicensed covers include:

• Copyright claims: Multiple copyright claims can result in your accounts being frozen or otherwise de-legitimized. In some cases, copyright claims can result in Google reducing search indexing to your website, page, or channel.
• Takedowns: DMCA takedowns are legal action by the rights holder that must be followed by the platform or distributor. A takedown can result in you losing streams, followers, and the results of your hard work in making a cover song.
• Revenue loss: You can lose out on ad revenue, sales, and streaming royalties when you upload an unlicensed cover song.
• Potential legal liability: Uploading an unlicensed cover song can open you up to legal action by the record label, publisher, or agency that represents the songwriters. While no one wants to believe that they can be sued by their favorite artist, failing to go through the appropriate channels for a cover can result in serious legal consequences, and you can be ordered to pay fines, damages, lost revenue, as well as costs for the other side if you lose a copyright protection lawsuit.

How a Copyright Lawyer Can Help with Cover Song Copyright Issues

At The Fried Firm, a copyright lawyer can help you with any of the following common cover song issues, such as:

• Securing licenses: Your copyright attorney will consult with you about your musical arrangement, any planned changes to the cover song, and release plans to advise you about what kind of licensing is required. When possible, the Fried Firm can represent you in voluntary licensing negotiations as well as in securing compulsory mechanical licensing.
• Responding to claims: If you have received a YouTube strike or DMCA notice from a copyright holder on a cover song, you run the risk of losing all of your own hard work and creative vision without assistance from a copyright lawyer. In some cases, this can involve thousands in sunk costs for studio time and production. Your copyright attorney can advise you about what steps to take as well as what options are available to respond to a cover song copyright claim.
• Advising on monetization rights: Don’t miss out on the ability to earn back your costs from licensing, recording, and more by failing to monetize your cover. You may be able to claim a percentage of ad revenue from YouTube videos as well as streaming royalties after purchasing the correct licensing.

Cover Song Permissions FAQ

The following are some short answers to frequently asked questions about copyright and cover song permissions. If you need help with a specific situation, contact the team at The Fried Firm for personalized assistance.

Cover Songs Can Be Creative, But Copyrights Still Matter

Making a cover song can be a smart marketing strategy as well as a meaningful homage to a song that has helped shape who you are today as an artist. However, you need to know when permission is required to make certain changes, as well as when compulsory licenses will suffice and how to secure one.

If you need assistance, contact The Fried Firm before you release your cover song. We offer complimentary 15-minute consultations to ensure that you are considering copyright in your own creative practice.