Can I Perform Cover Songs Legally Without Permission?
How to Avoid Copyright Infringement When Performing Cover Songs
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It depends on the context.
Live performances: You do not need to obtain permission from the copyright holder to perform a cover song live in most countries, but the venue where you are performing may need to have a blanket licence from a performing rights organisation (PRO) in order to do so.
Recordings: If you want to record and release a cover song, you need to obtain a mechanical licence from the copyright holder. This licence allows you to reproduce and distribute the song in physical or digital formats. You can apply for a mechanical licence through the Harry Fox Agency, which is the largest mechanical licensing agent in the United States.
Streaming: If you want to stream a cover song on a platform like YouTube or Spotify, you also need to obtain a mechanical licence. In addition, you may need to obtain a synchronisation licence if you are using the song in a video.
There are some exceptions to these rules. For example, you do not need to obtain a licence to perform a cover song in public if you are doing so for educational purposes or for charitable purposes. You also do not need to obtain a licence to perform a cover song if you are doing so as part of a religious service.
If you are unsure whether you need to obtain a licence to perform a cover song, it is always best to err on the side of caution and contact the copyright holder for permission.
Here are some additional tips for performing cover songs legally:
Always credit the original songwriter and publisher when performing a cover song.
Make sure that your cover song is not substantially similar to the original recording. You can do this by changing the tempo, key, arrangement, or instrumentation of the song.
Do not use the original recording or music video in your cover song without permission.
If you are releasing a cover song on a streaming platform, make sure that you have obtained the necessary licences.
By following these tips, you can avoid copyright infringement and enjoy performing cover songs legally.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
