Technology

So you want to play a cover of a song on YouTube?

I have some videos on YouTube of my original songs and I get some views from my loyal fans, but I don’t get any new followers from those videos. Especially since no one knows who I am. So I decided to go the route of playing a cover of a song for my YouTube channel. Don’t worry. I’m not turning into one of those artists who only covers songs, but it’s undeniable that people like to see other artists cover their favorite musician. So, to try and get some new fans, I decided to shoot a video of myself performing Bob Dylan’s “Rolling Stone.”

I don’t like to speculate, but I’m pretty sure most of the people on YouTube who do covers just record the song and post it on their channel. I like to follow the rules (most of the time), so I had to find the right way to record this song. There are licenses involved and I don’t want to upset Mr. Dylan and his people. So what are the rules for properly recording a cover for YouTube?

To get started, you’ll need a license. The general idea behind a music license is the same concept as your driver’s license. You may have the keys to your car, but you cannot legally drive it without a license. Sure you can hit the road without a license and if you don’t get caught then you’re fine. But suppose you have an accident or are caught speeding. When the officer asks you for that license and you don’t have it, then you’re screwed. So that’s the basic premise of a license. There are different types of licences.

Mechanical license

When you record a version of a song and give it away, sell it, or stream it, you’ll need a mechanical license. I will post a more detailed blog about what a mechanical license is, but for now you can visit the website called Limelight: Cover Song Licenses to understand more about mechanical licences.

synchronization license

If you perform a cover of a song in a video and upload that video to YouTube, Vimeo, MetaCafe, etc., you’ll need a sync license or sync license. Most musicians don’t get a sync license for their version of a song on YouTube. As I mentioned earlier, you can drive a car without a license and IF you don’t get caught then all is well. That is until someone raises a red flag about your video.

How does it work

A song is composed of lyrics and musical composition. These were created by someone and that person or persons have intellectual rights to those works. It is your intellectual property. They own it. This means that they can choose what to do with it. Let’s say, for example, that a composer wrote the lyrics and made the musical composition, then that composer owns those works, which means that the copyright belongs to him. There are times when the composer will assign the copyright to a music publisher or they may publish the works themselves and assign the copyright to a publishing administrator. The company or person has control over the music and can decide who can get the music and what that person can do with the music.

If a person wants to cover a song, all they have to do is obtain a mechanical license and the copyright owner must grant a mechanical license to the person who wants to record the song. But there’s no law that says copyright owners have to grant a sync license to people who want to cover their song. This means that the copyright owner (songwriter or publisher) can choose whether they want you to perform their song in a YouTube video. If they decide they will let you use their song for a sync license, they may charge you. They have full control over what they charge. They can carry a person a little and another person a boat.

If you want to cover a song for YouTube and want to get a sync license, you’ll need to contact the owner of that song, either the songwriter or the publisher. The owner may allow you to post the video. Brilliant. Make sure you have proof of this in case something happens in the future. If it’s a major publisher, they most likely have sync licenses available directly from their website. If you record their song, make sure you do a decent job. Don’t change the lyrics or make them obscene for the viewers. If not, the owner will see it and ask to remove the video. You are completely within your rights to do so. Also, be sure to give credit where credit is due. If it’s not your song, let people know who the original artist is. It’s pure respect.

So what could happen if you didn’t get a sync license and decide to go rogue on your YouTube video? I’ve done some research on the subject and here are some possible scenarios. Remember that I am not a legal authority on the matter. This means that I am not a lawyer, I am a simple musician. If you have deeper and more complex questions, please seek legal advice from a qualified entertainment attorney.

  1. YouTube will alert you via email saying that the material you posted is owned by someone else (composer or publisher). They say this as a warning and will not remove the video. YouTube could put some ads next to the video and tell people where the song can be purchased. That is unless the publisher finds out and decides to take action.
  2. The landlord may find out and sue you. They can also demand money for the use of your song without your permission. They could possibly sue you for a lot, even if you didn’t make any money from it. I’m not sure if that’s a high probability. There are so many songs on the internet that are cover songs that probably don’t have sync licenses. It would be a burden for the company to constantly search YouTube and try to sue every musician who simply decided to post a video of themselves in their bedroom performing their favorite artist. I’m not saying it won’t happen, but it would be very picky of the owner to do that.
  3. YouTube will do nothing, leave the video and let people watch it. I would imagine that most artists and publishers would want other artists to cover their songs because it’s basically free advertising for them and their song.
  4. YouTube might remove it. The owner may not be sure of the artist, but he may not want the song covered by him. For what reason I have no idea, but it depends on the owner. If you constantly keep posting videos and have issues with copyright holders, YouTube might take down your channel!

Many times a publisher knows which songs will or will not be allowed to be uploaded to YouTube. If you’re browsing YouTube and notice a certain song that a lot of people are covering, I’d say it’s a safe bet that the owner will let that video stick around. If you are the only person with the cover on YouTube, then it could be because the owner is removing those videos. Once the owner of a song reports a copyright violation, YouTube will remove that video immediately. Once the video is removed, this usually satisfies the owner and they don’t sue the artists. I mean that would just be mean!

So there you have it. You can get permission or you can’t. If you get permission, great. If you don’t get permission and decide to continue with the video, you could face consequences. In all honesty, it doesn’t seem like the consequences are too dire. You would just waste your time making a video and learning a song. Hope this helps someone out there.

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