Yo, how to legally bang out them song covers on YouTube, Spotify, and public gigs in 2024, huh?
Getting down to the nitty-gritty on copyright basics, you feel me?
Copyright, or as we say, the real deal, is a legal right hooking up the mastermind behind an original piece with exclusive rights to use, share, and cash in on their creations. We're talking musical compositions, sound recordings (aka the master), you name it. This right kicks in the moment the creator lays down their work on some tangible medium, like jotting down lyrics or laying tracks for a song.
When it comes to music, both the musical composition (you know, that special mix of lyrics, melody, and rhythm) and the master (the unique recording of a performance) got their own copyright game going on. The owner of the copyright gets these exclusive rights, stopping others from:
copying or reproducing the protected material,
making derivatives (like translating a song from English to Spanish),
dishing out the work, among other things.
Each of these rights, either on its own or in cahoots, can be subject to agreements and licenses. Take, for instance, when a creator signs off on the terms and conditions of platforms like YouTube while dropping their content.
YouTube and messing with other people's content, what's the deal?
When you're cooking up content for platforms and social media, it might be tempting to throw in any piece you fancy. But, hold up, there are some legal twists to think about. For instance, tossing up non-original stuff without permission? That's a straight-up copyright violation, whether you knew it or not. The only escape route is the fair use doctrine.
So, what's the lowdown on fair use, huh?
The fair use doctrine doesn't mean it's all free and easy. Instead, it's like this: in certain situations, the exclusive rights of copyright owners don't hold up, and others can use those works without asking or paying up.
Now, it's crucial to get that this doctrine kicks in legally when folks end up in court, one person suing another over some alleged copyright beef. It acts as a sort of defense and typically gets a green light if the use of a protected work serves one of the following purposes:
critique,
comments,
news reporting,
education,
research.
In case none of the above categories apply, the courts will assess the following factors to determine whether fair use went down or not:
the purpose and nature of the use of the content, including whether it's for commercial or educational purposes;
the nature of the protected material;
the amount or proportion of the content used; and
the actual or potential effect of the content on the market.
The burden of proof to show fair use in court falls on the defendants.
With the tech game evolving and platforms like YouTube on the scene, many places are baking this doctrine into their copyright policies. It's a push for content creators to play fair when sharing stuff online. Still, it's no guarantee that the owner of a work won't come knocking. AND, just a heads up, musical covers don't exactly fit the bill for what's defined as fair use.
Requirements for Legally Doing Covers
What's a musical cover?
A musical cover goes down when an artist records a song that another artist laid down before. It's also considered a cover when someone records an arrangement or instrumental of that song. Before you drop your cover on the internet, you gotta figure out if the song is copyrighted or if it's public domain.
What does public domain mean?
When a work no longer enjoys copyright protection, it's in the public domain. In this case, anyone can use the work freely without asking for permission. A song can enter the public domain for two main reasons: the protection term expired, or the owner abandoned or waived their right.
First, as a general rule, copyright lasts the author's life plus 70 years. In certain cases, it can last 120 years from the work's creation or 95 from its publication, whichever comes first. Once that time passes, the work loses protection and goes public domain, meaning anyone can use it without asking.
Second, the doctrine of copyright abandonment assumes the original owner explicitly gave up all copyright rights. This doctrine is another affirmative defense like fair use, meaning the defendant bears the burden of proof. To prove abandonment, courts require a clear expression indicating the intent to make the work public domain. For example, when a song is copyright-free.
What if the song has copyright?
Chances are the song you want to cover is protected by copyright. In that case, the first thing to figure out is where you want to upload it: audio platforms like Spotify or video platforms like YouTube. Remember, a translation isn't a cover!
A common question is this: how can I do a cover in Spanish? The answer is that, under copyright law, translations aren't considered covers but rather a derivative work. Intermediaries like Easy Song Licensing can help you get permission through their Custom License service. The other option is to reach out directly to the song's owner, usually the original composer or their music publisher.
Now, if there's already an official translation of the song, you can cover that translation by following the steps below.
If you want to upload your cover to a platform like Spotify, you need a distributor and a permission known as the mechanical license. You can't just go to Spotify, create an account, and upload your cover. To get your music on Spotify, you need a distributor – those middleman companies making it possible for your music to hit all digital platforms and social networks like Instagram and TikTok. By distributing with us HERE, we, being an investor, aggregator, distributor, publisher, and a tech developer for music, also sort out the mechanical license for you, allowing you to upload your covers legally.
Now, you might be wondering: How can I upload covers to YouTube legally?
Upload Your Cover to YouTube Legally with Sync License
If you want to put your cover on YouTube, you need permission known as the sync license since you're creating an audiovisual work by syncing your video with the cover's audio. To get your sync license, you can use intermediary services like Easy Song Licensing, who through a Custom License help you get the necessary license. The other option is reaching out directly to the song's owner, usually the original composer or their music publisher. If you're unsure how to do it, drop us a line, and we'll show you the ropes.
BONUS – Make Covers at Weddings and Other Public Places Legally
As a bonus, if you want to belt out your cover at a wedding or public event where folks don't have to pay to get in, like a restaurant, bar, or café, you need a public performance license. To get this license, you should contact the performance rights organization (PRO) of the original composer, usually ASCAP or BMI.
Alert for Churches and Congregations!
The COVID-19 pandemic sped up the process of adopting social media as a method of evangelization for many churches and congregations. Among the challenges this presents is handling the legal aspects of copyright.
Think about the last time your church recorded or streamed a worship service, program, or worship service online. Most likely, you shared praises and projected some videos. Perhaps the worship team downloaded, printed, or made copies of sheet music and lyrics for their favorite praises. Who knows, maybe your worship team translates their favorite praises. All of this without asking for permission from the copyright owners.
Most likely, the use your church gives to the content doesn't fall under the fair use doctrine, even if it's nonprofit. This means you need to ask for permission from the copyright owners of each material you're going to use. These permissions are known as licenses.
The type of license you need depends on the use you give to certain content. For example, if you're going to record a musical cover, you need a mechanical license. If you're going to make a video of the cover, you need a sync license. If you're going to distribute the cover on the internet through platforms like YouTube, you'll need a public performance license. If you're thinking of making a translation, you need to contact the copyright owner since it's a derivative work.
If you're seeking permission to livestream on your church's website or streaming platforms like YouTube or Facebook, you'll need the CCLI Streaming License from Christian Copyright Licensing International. It's essential to know that this license only covers the 300,000 songs in their library (e.g., Israel Houghton, Kari Jobe).
If the songs you want to use aren't available in CCLI, you can use alternative services like Easy Song Licensing (e.g., Vastago Producciones LLC, Jesús Adrián Romero, Marcela Gándara, etc.), or seek permission directly from the copyright owner.
In summary, if you want to upload your musical cover to digital platforms, you need a mechanical license, for a video, you need a sync license, and for public singing, a public performance license. If you want to make the first translation of a song, you need a derivative work license.
If you're an artist and want us to invest in your music, contact us!
We are BE FUN VENTURES, the investor in musical artists.
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