Recording or performing cover songs can be a great way to get noticed. When you first start out, it gives your audience something to relate to and sing along to. Engaging with your audience in this kind of interaction is key to making it somewhere in the industry. However, before you do it, you MUST RESPECT THE LAWS AND RIGHTS OF THE ORIGINAL ARTIST.
This isn't too hard to do, nor is it too expensive if your audience is small. Follow these steps to stay out of trouble and honor the original artists and writers. Remember, if you make it big some day, you will want people to respect your rights, too. This is all a part of common courtesy and practice.
1. Pick a song.
Your song can be just about any song that's been recorded and distributed throughout the US. So if you hear a tune on the radio and you think to yourself "I'd like to do my own version of this song," then do it! Just be sure you keep the lyrics generally the same as the original. Usually, you must notify the original artist/writer/publisher if you make any changes to the lyrics of the song, but we'll get to that later.
2. Figure out how you'll be using that song
Are you going to record and sell that song on CD? Are you going to upload your performance of that song to YouTube? Are you only going to perform that song live? Each of these have specific laws and regulations that you must follow under penalty of law, and you must follow these laws for each type of license; this includes if you use the song in multiple ways. You may decide to upload your performance to YouTube and sell it on CD - you will have to get the appropriate license for each type of use.
3. Purchase your license(s)
Purchasing the proper license can be confusing. So first, let's go over the common types of licenses and what they're for.
Mechanical License
This type of license allows you to record a song to a CD and sell it - not necessarily sell it on iTunes or AmazonMP3. Mechanical licenses are usually for the PHYSICAL distribution - but this varies from license to license and would be discussed with the agency distributing the licenses. TYPICALLY, your mechanical license WILL cover both digital distribution AND physical distribution. This is because the rate for digital and physical sale of a cover song is the same, so most publishers will combine the two.
Before you get your mechanical license, you should have recorded your song first. This is because the publisher needs to know 1. Your album name, 2. The length of your version of the song, 3. How many copies you intend to sell (digitally and physically.) You will then be assigned a fee to pay that covers all the copies you intend to sell. Once you've sold the amount of copies you listed in your license, by law (and by being contractually obligated by your license) you MUST purchase a new license.
The cost for a mechanical license is 9.1 cents or 1.75 cents per minute of playing time or fraction thereof, whichever is greater (according to http://www.copyright.gov/carp/m200a.html)
Synchronization License
A synchronization is the use of a song in a form of visual media. So, basically, if you use a song in ANY type of video for online use (Youtube or your own website), broadcast (TV), or any other video usage, you must pay for a synchronization license. If you intend to perform a song and upload it to youtube, you must purchase a synch license.
Uploading a cover song to YouTube can be complicated - we'll tackle how getting songs onto Youtube in another post. For now, just know by law you need a sync license to do so.
Other Uses
Most other uses are taken care of or negotiated with a Performing Rights Organization (PRO) like BMI, ASCAP, or SESAC. If you are performing a song LIVE at a venue, you can do so without paying a fee, however, the original artist is STILL entitled to royalties for your performance. Thanks to PROs, artists don't have to worry too much about paying those royalties, as the weight is rested on the venue's shoulders.
This may not seem fair, but the fact is the owner of the venue is responsible for everything that takes place within that venue. Many venues have a "no cover-song" policy to avoid paying royalty fees. Most places don't worry about paying royalties for live performances. Though it is technically illegal, it can be really easy to get away with. I don't condone this, however. I feel it is important to obey the copyright laws and pay the necessary royalties which may not cost hardly anything at all because of how it was used and the audience size.
Recording a song and putting it on MySpace, Last.fm, or another online music streaming service is a bit different. Most online streaming websites like MySpace have a terms of service agreement that overrides the law - but doesn't break it. Meaning you may be allowed to perform and record your song, but because you don't own the place you're posting your music, your right to post your song on that site may be taken away.
It seems kind of lame for a lot of artists, but most places like MySpace, Purevolume, Soundcloud, etc., don't want to pay the royalties necessary to let millions of people post cover songs. It would be TOO expensive. To get around this, it is best to contact the publisher and/or the PRO and get the proper license. You may have to notify MySpace or whoever that you have the rights to the song so it won't get deleted and your account won't be removed.
Finally....
Step 4. Be worry free.
Your performance is now LEGALLY available in the way that you want it to be.
THINGS TO NOTE:
You may be required to renew your license(s.) For example, if you purchased a mechanical license and sold all the copies listed in your agreement, you must purchase another license for the amount you intend to sell again.
If you "sample" music in your recordings, you MAY need to obtain a license to do so. Sampling music has been made legal under creative commons licensing - meaning...you're free to do it under certain conditions. For detailed information on Creative Commons and Sampling, visit http://creativecommons.org/licenses/sampling+/1.0/legalcode
Have you performed a cover song? If you've done so legally, post a link in the comments below and share it!
No comments:
Post a Comment