Navigating Copyright Laws When Making Cover Songs on YouTube

Cover songs are a popular way for musicians to showcase their talent on YouTube, offering a platform to reach new audiences, gain subscribers, and even build a career in music. However, with the benefits of making cover songs comes the responsibility of understanding and navigating copyright laws. Failure to comply with these laws can lead to your videos being flagged, removed, or even result in legal action. This article will guide you through the complex world of music copyrights, providing the knowledge you need to legally upload and monetize your cover songs on YouTube.

1. Understanding the Basics of Copyright

Before diving into the specifics of how to navigate copyright laws for cover songs, it's essential to understand what copyright is and how it applies to music.

What is Copyright?: Copyright is a legal concept that gives the creator of original work exclusive rights to its use and distribution. In the context of music, this means that the songwriter and composer hold the rights to the song, including the lyrics, melody, and arrangement.

Types of Rights in Music: There are two primary types of rights in music—mechanical rights and performance rights. Mechanical rights cover the reproduction of the song (like making a cover), while performance rights cover the public performance or broadcasting of the song. Understanding these distinctions is crucial when it comes to covering a song on YouTube.

Copyright Duration: Copyright protection typically lasts for the lifetime of the creator plus 70 years. After this period, the work enters the public domain, meaning it can be used freely by anyone. However, most popular songs are still under copyright, so proper licensing is necessary.

2. Obtaining the Proper Licenses

To legally upload a cover song on YouTube, you must obtain the appropriate licenses that allow you to use the copyrighted material.

Mechanical License: A mechanical license allows you to reproduce and distribute a cover version of a song. In the United States, these licenses can be obtained through organizations like the Harry Fox Agency, which provides licenses for most commercially released songs. Other platforms like Loudr or Easy Song Licensing also offer services to acquire mechanical licenses.

Why You Need It: Without a mechanical license, your cover song could be taken down by YouTube, and you could be subject to legal action from the rights holders.

How to Obtain It: The process typically involves filling out a form with details about your cover (such as the song title, original artist, and your intended use) and paying a licensing fee, which is often based on the number of copies or streams your cover is expected to generate.

Sync License: A sync license is required when you want to synchronize a song with visual media, such as a YouTube video. This license is more complex to obtain because it requires permission from the song's publisher, and sometimes, the songwriter or composer directly.

Challenges of Obtaining a Sync License: Unlike mechanical licenses, sync licenses are not standardized and often require negotiation. This can make it difficult for independent artists to obtain one, especially for popular songs.

Alternatives: Some independent artists choose to upload their cover songs without a sync license, relying on YouTube's Content ID system to manage copyright claims. While this might allow you to keep your video up, it often means you cannot monetize it, as the ad revenue will go to the rights holders.

3. YouTube’s Content ID System

YouTube’s Content ID system is designed to identify copyrighted material in videos and ensure that rights holders are compensated.

How Content ID Works: When you upload a video, YouTube scans it for copyrighted material using its Content ID system. If the system detects that your video contains copyrighted music, it will match it to the rights holder's content.

Claim Outcomes: If a match is found, the rights holder can choose to monetize the video, block it in certain countries, or take it down entirely. In most cases, they will opt to monetize it, meaning ads will be placed on your video, and the revenue will go to the rights holder.

Disputing a Claim: If you believe a Content ID claim is incorrect or unfair, you can dispute it through YouTube’s system. However, you need to be cautious, as disputing a claim without proper justification can result in penalties, including the potential termination of your channel.

Content ID vs. Licensing: While Content ID might seem like an easier option compared to obtaining licenses, it has its limitations. You cannot control how your cover is monetized, and you may not be able to generate any revenue from your video. For musicians looking to build a sustainable income from YouTube, obtaining the proper licenses is the better route.

4. Monetization and Revenue Sharing

One of the main attractions of YouTube is the ability to monetize your content, but when it comes to cover songs, the process is more complex.

Revenue Sharing: If you have the appropriate licenses, you can monetize your cover song on YouTube. However, you will likely need to share a portion of the revenue with the original rights holders. This is typically done through YouTube's revenue-sharing agreements, where the platform splits the ad revenue between you and the rights holders.

Percentage Splits: The exact split depends on the agreements in place, but generally, the original songwriter and publisher will receive a significant portion of the revenue. The remainder will go to you as the creator of the cover video.

Alternative Monetization Strategies: If you cannot monetize your cover directly on YouTube, consider alternative strategies such as:

Patreon: Offer exclusive content or early access to your covers for fans who support you through Patreon.

Merchandise: Sell branded merchandise related to your covers or music career.

Live Performances: Stream live performances of your covers and accept donations or sell tickets to virtual concerts.

5. Avoiding Common Pitfalls

Navigating the legal landscape of cover songs on YouTube can be tricky, and there are common pitfalls that many creators fall into. Here’s how to avoid them:

Ignoring Licensing Requirements: The biggest mistake you can make is ignoring the need for proper licenses. Always make sure you have the appropriate licenses before uploading a cover song.

Relying Solely on Fair Use: Many creators assume that their cover song qualifies as "fair use," which is a legal doctrine that allows limited use of copyrighted material without permission. However, fair use is a gray area and is generally not a safe defense for uploading cover songs. It’s better to obtain the necessary licenses than to rely on fair use.

Not Researching the Song’s Copyright Status: Some songs may be in the public domain or have expired copyrights, meaning they can be used freely. However, always double-check the copyright status before assuming a song is free to use.

Conclusion

Creating cover songs on YouTube can be a rewarding experience, both creatively and financially. However, it’s crucial to understand and comply with copyright laws to avoid potential legal issues. By obtaining the necessary licenses, understanding YouTube’s Content ID system, and exploring alternative monetization strategies, you can legally share your covers and even generate income from them. As with any creative endeavor, knowledge and preparation are key to success.