VONDRAN LEGAL® – COVER SONG COPYRIGHT LAW – CALL US IF YOU NEED HELP CLEARING MUSIC RIGHTS OR AVOIDING DMCA ISSUES (877) 276-5084

INTRODUCTION

Cover songs have become a popular way for musicians, YouTubers, and other creators to grow their audiences and connect with fans. Platforms like YouTube, TikTok, and Instagram make it easier than ever to share creative performances of well-known songs. However, posting or monetizing cover songs involves a specific set of copyright rules under U.S. law, primarily governed by 17 U.S.C. § 115 and the Music Modernization Act. Understanding what qualifies as a “cover” versus sampling or interpolation is key to avoiding copyright strikes and legal disputes.

COVER SONG AUDIO

A cover song is a new performance of an existing musical work. It involves using the same lyrics, melody, and structure as the original composition. What distinguishes it from other musical adaptations is that you are not borrowing actual portions of the original recording.

• Sampling means directly taking a portion of an existing sound recording, such as a drumbeat or vocal phrase. This requires direct permission from the rights holder.

• Interpolation means re-creating a portion of a song (for example, re-recording a melody or lyric idea). This also requires permission.

A true cover song, however, does not require permission from the copyright holder as long as you adhere to the statutory requirements of 17 U.S.C. § 115. This provision grants a compulsory mechanical license that allows anyone to record and distribute their own version of a previously released song, provided they do not alter the fundamental structure or melody.

Under the Music Modernization Act, digital service providers (DSPs) like Spotify and Apple Music now handle mechanical licensing for most covers automatically. This means artists generally do not need to obtain a separate license to post the audio portion of their cover on these platforms. However, this only covers streaming, it does not include physical formats such as CDs or downloadable MP3s, which still require a specific mechanical license.

Creators should also note that compiling multiple songs into a medley or combining portions of songs can constitute a derivative work. Section 115 clearly limits changes to those necessary to fit the performer's style, without altering the basic melody or fundamental character of the original song.

COVER SONG VISUALS

If you plan to combine your cover with visual content, such as a YouTube or TikTok video, additional rights may come into play. This is known as synchronization (or “sync”) licensing. A sync license is permission from the copyright owner to pair music with visual media.

In practice, most major music labels have entered into blanket licensing deals with platforms like YouTube, Instagram, and TikTok. These agreements allow creators to post cover videos without receiving immediate copyright strikes, while ensuring that rightsholders are compensated through ad revenue and platform monetization systems.

Therefore, most standard cover videos are allowed on major platforms, provided they do not alter the original composition or use unlicensed samples. If you plan to use a song for commercial purposes outside these platforms, such as in a film, advertisement, or video game, you will need to obtain a separate sync license directly from the music publisher.

COPYRIGHT REGISTRATION FOR COVER SONGS

A cover song performance can itself be eligible for copyright protection, as long as the performer clearly identifies the underlying composition and acknowledges that they do not own the original music or lyrics. The new recording can be registered as a sound recording, reflecting the performer's creative contribution, but it does not transfer ownership of the underlying musical work.

ADDITIONAL TIPS FOR POSTING COVER SONGS

• Credit the original artist: While not legally required, listing the original song and artist in your video title or description shows good faith and may reduce disputes.

• Stay within the same structure: Changing verses, lyrics, or melody may transform the work into an unauthorized derivative.

• Use platform tools:TikTok, Instagram, and YouTube provide in-app music libraries licensed through deals with major labels, using these versions ensures compliance.

• Avoid combining multiple songs: Medleys or mashups often require express permission from each rights holder.

• Do not monetize without clarity: Some rightsholders allow monetization sharing, while others block it. Check the policies of each platform before turning on ads.

 CONCLUSION

Cover songs are an excellent way for creators to engage new audiences and demonstrate musical talent, but they operate within specific legal boundaries. Section 115 of the U.S. Copyright Act provides limited rights to perform and distribute cover versions, but those rights do not extend to every form of use. Understanding where the law draws the line between a lawful cover and an infringing derivative work is essential for staying compliant and protecting your creative efforts!

CONTACT A CALIFORNIA COPYRIGHT ATTORNEY

Since 2004, Vondran Legal® has been a clear leader in copyright and trademark infringement matters in the United States.  We have handled over 1,000 copyright infringement matters, including but not limited to fair use opinions, DMCA takedown and counternotices, Federal court lawsuits, and platform disputes involving YouTube, Etsy, TikTok, Shopify, Amazon, and other online platforms. If you have questions about cover songs, fair use, or music licensing, contact Vondran Legal® for a no-cost confidential consultation at (877) 276-5084.