About this Video

• Video Title: The Cover Song PROBLEM
• Channel: Top Music Attorney
• Speakers: The speaker's name is not explicitly mentioned in the transcript.
• Duration: 00:15:21

Introduction

This video addresses the legal complexities surrounding cover songs, particularly the issues artists face with copyright, licensing, and monetization on platforms like YouTube. The speaker aims to clarify common misconceptions and provide practical advice for navigating these legal challenges.

Key Takeaways

• Legality of Cover Songs: While generally legal in the US (and similar in other countries), cover songs require different licenses for different uses.
• Compulsory Mechanical License: A compulsory license is required for audio-only distribution on streaming platforms, but this does not extend to video.
• Sync Licenses: Videos featuring cover songs necessitate sync licenses, often expensive and impractical for individual artists.
• Content ID and Monetization: YouTube's Content ID system automatically flags cover songs, leading to monetization claims by copyright holders, preventing the artist from profiting.
• Workarounds and Strategies: Direct licensing deals between record labels and platforms offer a workaround, though their availability is uncertain. Using royalty-free backing tracks and focusing on high-volume, low-cost content creation are suggested strategies.
• AI in Cover Songs: Using AI to replicate voices raises significant legal issues regarding publicity rights and copyright. Caution is urged.
• Essence of the Song: Substantial alterations to the original song's structure or lyrics can transform a cover into an interpolation or sample, requiring separate licensing.

A compulsory license, as described in 17 U.S. Code § 115, allows the legal creation of a cover song for distribution on music streaming platforms. Previously, artists had to obtain and pay for these licenses themselves. However, the law was updated so that music platforms now bear the responsibility of securing these compulsory licenses. This means that artists can legally upload cover songs to streaming services without directly obtaining the license themselves. The caveat is that this license only applies to audio-only distribution; it does not extend to the use of cover songs in videos.