What is a cover?
A cover is a performance or new Typically, the recorded performance of a musical work protected as a phonogram under copyright law. of a An original musical composition with or without lyrics. that someone else originally performed, recorded and released.
To be considered as a cover, the new performance or sound recording you make needs to retain the same melody, lyrics and other key components of the original musical work. If any of the key components change in a significant way, it will be classed as a A new work based on a pre-existing work. and needs different permissions.
Creating cover can be a great way to tap into another creator's fan base, but there are rules that need to be followed to do this correctly.
What rights are involved in creating a cover?
Only the The controls creators or rights holders have over what they have created or produced and over their identity and image. in the musical work, not the original sound recording, are involved when you want to perform, record, or distribute a cover. The A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of the musical work, typically the A person who makes an original contribution to the creation of a musical composition or lyrics. and A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. , are still entitled to receive the Money paid for the right to use a musical work, performance, or sound recording, typically, but not always, in the form of recurring payments. for the cover.
Learn more about the different types of rights in the Music Creator’s Rights topic and more about royalties in our Getting Credited and Paid topic.
What permissions do you need to create and release a cover?
To perform a cover live to the public, for example, as part of a concert, you, as the In the context of music, a solo performer or group of performers who perform a musical work live or recorded., don’t need to seek permission and purchase a license. However, the concert organizers or venue hosting the performance will compensate the rights holders of the musical work as part of their The right to play a musical work publicly, live or as a sound recording A form of permission given to use copyrighted material, such as a musical work or sound recording, under certain conditions and usually for a fee. required from the local Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders..
To record and release a cover, what’s required depends on how you plan to make it available. You may need a A license to reproduce and distribute a musical work in a physical or digital format. to reproduce and distribute the musical work.
Where a mechanical license is required, some A company or service that delivers music to digital streaming platforms and physical retail stores. and A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist. will facilitate this. However, it is important that the sound recording of the cover is released with the same title and International Standard Musical Work Code: a unique identifier for musical works. as the original The term "song" does not have a legal definition. It is frequently used to mean "musical work” – the composition and lyrics (if any) created by songwriters and composers. However, it could also refer to a “sound recording” (a specific recording of a musical work), or a “performance” (a live performance of a musical work)., and that the original songwriters are properly To be publicly acknowledged for a contribution to the creation of a musical work, a live performance, or sound recording, for example, listing a songwriter's or performer's name..
But if you plan to make the cover available for digital download or on any physical product, like a CD or vinyl record, you or your label will need to pay for a mechanical license, which in most countries is granted by the local CMO. In countries where there is no A license that allows certain uses of musical works or sound recordings without express permission from the rights holders but subject to specific conditions and remuneration. for mechanical rights, the license needs to be obtained from the songwriters, music publishers, or their CMO, which a A company or service that delivers music to digital streaming platforms and physical retail stores. or An organization that can license the use of musical works and sound recordings. can sometimes facilitate.
Before you record and distribute a cover, you should always check the licensing requirements with your distributor and seek advice from your CMO, record label, or a The ownership of rights in a song under copyright law lawyer.
Visit our topic The Music Ecosystem to learn more about Distributors and CMOs.
Covers and UGC platforms
Many creators upload videos of themselves performing covers to User Generated Content (UGC); a type of DSP that allows users to upload and share their own content, as well as discover new content from other users as a way to start their music career before they have their own catalog of original works. Doing this usually requires a A license to reproduce and distribute a musical work in a physical or digital format. in addition to a Aka Sync, reproduction of musical works for, and sometimes the use of, a pre-existing sound recording in audiovisual media. license. However, some UGC platforms may have A form of licensing that allows unlimited uses of a repertoire of musical works or sound recordings under certain conditions synchronization and mechanical licenses in place that allows you to make covers of a number of musical works.
If you are unsure about the licensing requirements for covers in your territory, check with your local CMO.
Learn more about mechanical and synchronization licenses in our topic, Rights Transfer and Licensing.
Quiz
Test your covers knowledge
Image credit: Michael Korsgren, Parapix