Watching a video on Youtube, or a clip on TikTok, have you ever wondered how copyright and cover coexist? I would argue that, in Youtube’s infancy, one of the most popular ways in which emerging artists came into popularity has to do with the production of covers. In this contemporary economy, in which even the music business is fueled by who owns what idea and its benefits, it’s no surprise that musicians take particular vigilance of their songs. It’s not all machine-evil and scary, though: covers are a beautiful approach to the continuing dialogue between artists all around the globe. Just as in the case of sampling, remix, mashup, and interpolation, copyright and cover go hand in hand: it all runs down to using music legally.
All About the Cover
This derivative work has everything to do with the re-recording of the entirety of an existing song. You can refer to them as covers, simply, or as cover songs or cover recordings. Specifically, you make a cover when you re-record a musical work that someone else had already recorded and transform into a new sound. The ways of doing so are varied: some artists want to mimic an earlier recording—which means sticking to everything in the original version, including vocals and instruments—while others do so by adding their own interpretations, styles, and sounds. This means that you can even create new arrangements. In this sense, a cover is similar to an interpolation.
One of the many reasons why people love cover songs is that they’re a twist on a classic. It’s a nice one, too, because the lyrics remain the same. This type of songs are a massive part of popular culture, and it’s because any artist, either amateur or with a long-standing trajectory, can take advantage of it. We insist: it’s no coincidence that a lot of the musical content on platforms such as YouTube have an enormous amount of this type of music. Think of it; it’s really closely connected to performance, in which then covers function as a great way to get the audience excited.
Fun Facts
Fun fact: Guinness World Records claims that The Beatles’s “Yesterday” is the most covered song of all time, with an astonishing number of seven million covers in the 20th century! Other songs on the top spots are, according to the Independent, this same band’s “Eleanor Rigby” and “And I Love Her,” followed by “Cry Me a River” by Julie London. Justin Timberlake and Michael Bublé’s covers of the latter are very popular ones. But the list is endless.
Copyright and Cover: the Copyright Portion
As we previously mentioned, when you release a cover you’re releasing a new, independent, recording on its own right. Particularly if you’re an emerging artist, you should be hypervigilant of not infringing someone else’s copyright. Covers can boost your reputation due to the exotic twist you can add to them, but still you need to be very careful to not step on anyone else’s toes.
To produce a cover, there are two ways of respecting the law. Firstly, you can secure a license from the musical work copyright owner. Secondly, you can obtain a compulsory mechanical license. The latter operates by law: the owner can normally say no if you don’t fill the legal requirements. In short, when making a cover, you still should obtain permission from the music publisher. Additionally, you should pay a fee—in particular, a mechanical royalty. This is nothing new to you if you’ve followed our entries on royalties. Yet, here’s the summary: you pay this type of royalty when you reproduce another one’s songs. And, mostly, you pay it directly to the music publisher. Regardless, keep in mind that other forms of negotiation might come your way. Notice, too, that you don’t need to ask for permission to do so: you’ll only need to inform the publisher and pay the fee.
Copyright and Cover: Conclusion
As we’ve made clear so far, it’s best to always acknowledge the sources from your songs. We, as artists and human beings, like to be respected: give credit where credit is due. Whenever you release a cover, asides from copyright law, it’s always a good idea to provide publicity to the musician or lyricist from whom you’re taking the material. Overall, this will allude to your good intentions as avoid any possible room for misinterpretation.
