All you need to know about Cover Record

A cover record (often called a “Cover”) is a recording by an artist other than the original artist. It is recording your rendition of someone else’s song. Covers serve various purposes for both the covering artist, the original singer/artist and the audience.

For the covering artist, it is an opportunity to display and express their talent, creativity and amass a substantial online audience and popularity. It may offer his song and brand more coverage for the original artist, especially if the covering artist is popular or from a region where the original artist doesn’t have extensive coverage. It is a new take/rendition of an existing song and appreciates the different aspects of the music and lyrics for the audience.

Covers have been an excellent platform for aspiring artists to grow a large following, earn global reach and even get signed. Covering a well-known song capitalises on a ready-made audience to introduce the covering artist and perhaps gain fans. Covers have helped discover talented artist such as Justin Bieber, Shawn Mendes, Charlie Puth etc., who have gone on to be successful artists. It has earned unsigned artists such as Austin Mahone tens of millions of views and plays on their accounts. It has also landed unsigned and undiscovered talents brand sponsorship, live performances with major recording artists, appearances on TV shows to showcase their talents, commercials etc. Lastly, music supervisors look for covers of songs to use on TV, which generates extra revenue for the covering artist.

While covering songs offers many opportunities and can be exciting for all parties, it can be a legal nightmare if not done currently. Why? A cover entails recording an already existing song, which Copyright Law legally protects. Copyright owners have a group of rights conferred upon them by law, including the right to perform the song publicly, do derivative work from it, reproduce it and distribute copies. A cover infringes on the rights of the copyright owner, except the owner’s consent has been gotten, and the owner of the copyright has to be compensated for the use of his copyright.

The Law allows the public to cover a song that has been published through a mechanical license (compulsory license). A covering artist can get a mechanical license from the copyright owner or a group like Harry Fox Agency (US) or Mechanical-Copyright Protection Society (MCPS) in the UK. The fee is fixed based on a statutory provided rate, and the copyright owner doesn’t have a say on the price. However, the mechanical license only applies to the audio recordings. As YouTube is a video platform, you need a synchronisation license (sync license). Unlike a mechanical license where the copyright owner is obligated to grant it, there is no such obligation for sync licenses. As such, it must be negotiated and can be rejected.

Negotiating for a sync license may not be straightforward. The copyright owner or their publisher has the right to reject or set the terms. A publisher can ask for ridiculous sums or grant a sync license for little or no fee. It is all based on the discretion of the copyright owner or their publisher. They will often ask to see and hear the cover recording before deciding if they will grant a sync license. This enables them to see how the covering artist will cover the song, and if they deem it good enough, they can give permission or vice versa.

YouTube, however, has an alternative method for permitting covers to be uploaded on its platform without the necessary licenses. This is done through the Content ID system that analyses all single videos uploaded to determine if the video contains any copyrighted material (sound recordings, composition or video). The video has copyrighted material; the Content ID automatically places a claim on the video on behalf of the rights holder. Any ad revenue generated will be paid to the copyright owner. Content ID protects the copyright of creators and detects unauthorised usage. The copyright owner has two option – decide whether others can reuse their original material or not. Most copyright owners allow others to use their content in YouTube videos to put ads on those videos (monetisation). This generates extra revenue for the copyright owner.

If you did a cover of a song and YouTube did not take it down, it’s because the copyright owner had no issues with others using their original content. Instead, the copyright owner opted to generate revenue through your usage by putting ads on the video, thereby monetising it. Many copyright owners seemingly follow this route, preferring to monetise the cover song through YouTube ads, and by extension, increase their revenue. The cover could also serve as free promotion for the artist and the original song. However, this means the cover is at the mercy of the copyright owner. All the effort put into the cover may be wasted if the copyright owner chooses to prevent such usage.

Suppose the copyright owner does not want covers uploaded on YouTube without their permission. In that case, the owner can utilise Content ID to block/takedown, restrict in certain territories, or track the cover.  Although this may seem unfair, releasing a cover song and uploading it on YouTube without a sync license violates the rightsholder’s copyright and is tantamount to infringement. Therefore, the copyright owner is within their rights to take down the video.

YouTube opts for monetisation of covers posted without the copyright owner’s authorisation as a practical solution to obtaining a sync license from the copyright owner. The revenue generated through ads and the cover’s views is shared with the copyright owner as royalties. It is unrealistic for independent artists and everyday individuals who want to express their talents to obtain a sync license from the copyright owner. Covers are uploaded daily by numerous users, and it may not be feasible for all users to obtain a sync license. Monetisation through ads is YouTube’s solution that benefits all parties. However, this does not restrict the rights of the copyright owner to request for the video to be taken down.

Now you know why ads get on your covers and why it is sometimes taken down by YouTube, despite giving credit to the artist and putting out a disclaimer that you do not own the song’s rights. The solution? Try and obtain a sync license where possible.

Lastly, stay up to date with all you need to know about African music at SOA, right here.

All you need to know about Cover Record