How To Legally Do Cover Songs In 2023 | Music Business Podcast

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In this episode of the Top Music Attorney Podcast, Entertainment Attorney, Miss Krystle does you how to cover songs legally in 2023.

We are live Fri @7pm p.s.t.

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Legal Disclaimer: The information, ideas, and suggestions in this video are not intended to be legal advice. Before following any suggestions contained in this video, you should consult your personal attorney. The speaker shall not be liable or responsible for any loss or damage allegedly arising as a consequence of your use or application of any information or suggestion in this video. Pursuant to the fair use doctrine under the 1978 Copyright Act, a copyrighted work owned by another may be used for criticism, commentary, news reporting, and educational purposes. The use of the livestream contained in this video falls within the fair use doctrine.
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VIDEO SHOT AND EDITED BY:
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It's simple and complex at the same time. In my case, I just wanted to have fun singing and creating videos with songs I like. Being a hobby I don't want to involve other musicians and get a full new instrumental version of each song I wish to sing to.

ravset
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This is THE clearest and most authoritative explanation I can find on licensing covers in 2023. Thank you!

foghornblue
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I had a cover taken down today and a copyright strike on my channel. It was a totally acoustic cover, the first time it happened to me.

SamHortonMusic
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What i know is.., if its a pro music video, like If you mimed it and made it like a pro music video with added intruments in post production etc then you need a sync license. You Don't need a license if it's a LIVE cover song. You can upload a coversong with distribution company and pay for the licensing with the distribution and that version will also be available on youtube anyway under YOUTUBE TOPIC VIDEOS.

DanWilliamRooney
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Thank you for the video, everything is crystal clear! Do you or does anybody know about a distributor where you can freely distribute covers only for streaming, so that no mechanical license is needed?

JimmysGG
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Wait — so, without a sync license, a label could technically still sue me for posting on YouTube, say, an original music video of my cover of their artist’s song? Or does YouTube protect me from that? That part of the video was a little vague for me.

SCRLTV
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I appreciate your podcast and videos so much. It's tough out there. Thank you!

alane_j
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Love making covers, started as fun but it's getting out of hand 😎

nevergate_official
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In other words, when you make a cover song, you will legally have no right to a single penny you make from monetization, good to know!

inspiraldreams
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Can you use samples if you aren't going to monotize?

CasperrR
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What if you wanna do it for fun? As in no money, no Spotify, just for yourself and your followers on YouTube?

isabelstate
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Is it the same for TikTok and Instagram? Do they also have this agreement? Can I sing a Cover Song, post it and don t have to fear being sued?

annabrunner
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If you write new musical lines to a cover song, i.e. new key, new chord structure, and new melodic motif, how does the licensing come into play? Who gets what portion of the royalties of said song? Does the original artist get all of it, or is it split amongst all parties involved?

bomcdonald
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What about using the melody to another song to underlay a beat,
(Playing the melody myself on an instrument, not sampling )
Creating your own spin on it,
And having original vocals on top of it ?

For example I am thinking of using the melody to movie soundtracks that I love, and then doing a rap / vocals on top of it

I assume this would still be considered a cover, even though it’s largely original?

But it’s legal to do still?
I would just have to consider it a cover, not an original song ?

Thank you for your time 😎

lordofthecrings
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Hey, I'm a younger guy who when i was 13 formed a band with one of my friends, and we used to constantly make cover songs, but a few days ago, i Legalities. In 2023 we constantly made covers, Beat It, For Whom the Bell Tolls, Never Gonna Give You up, several more. Now we've slowed down, limiting ourselves to 1 cover per album, except for our 2nd album "UnEven" with if i'm remembering right, 2 covers. We have no distributor because I'm under 18 and don't have a job yet (hoping to find one soon.), so i can't pay for a distributor. I was wondering what to do when i CAN find a distributor, do I contact each label for each band and ask them if i can use the song, or is it easier? I don't want to steal, because one, i love these bands that im covering, and two, i dont wanna get in trouble. Also, how do live music covers work, like, if i were to have a live show and perform Smells Like Teen Spirit, how does that work?

pultubehd
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Great Video Beautiful Attorney with Glasses!! I always love your cover for Cruel Summer!!

andrewthomas
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I created a cover of a film score from the ground up no samples used didn't include the name of the music or the movie in the title at all and still got copyrighted 😭

daydos_soundscapes
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what about just playing cover songs in public at a park by yourself or a church party or a restaurant?

TheGoirish
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Hi Krystal.

I've been watching your videos for a a little over a week now.
I'm just breaking into all of this.
I've disvovered, and realized that, I am particularly and mostly interested in collaborations, not as COVERS, but the word I would use, would be a complete Part 2 and Part 3 and/or "ReImagination" of an Original Song.

I completely rewrote Natalia Imbriglia's "Torn" with mostly all new Lyrics. I did Ninja Rap Part 2 from Vanilla Ice and a Part 3. Not to be biased unnecessarily, as part of this being successful in anything is recognizing when you "got it" or your don't, but they're definitely good and flow the same way as a true part 2 and part 3. The soundtrack is the same, but I would add some technical flares and different bsckground enhancers but keep the foundation that made the Song a Hit in the first place.

What would be the best way for me to go about that? So far, I've only done the Lyrics to several songs, but I have a great deal of Skill for it, and I hear absolutely everything like a Composer. Timing. Rythm. Beat. Flow. Pace. Tone. It's all there. So that helps me pick up for where I lack in other ways. My sound tune is good, but I'm an 8/10 singer and I fully recognize other Artists are much better than me in that. But I'm a 10/10 flow, and I can write that way everytime. My songs just flow like a Poet so I'm going to specialize in that, mostly, because I do enjoy it most.

So recap:

For "Torn" ilI have used less than
5% of the Original Artists Lyrics, and 95+% my own I also rename the Song as I may also completely change the perspective.
For Ninja Rap its more considerable Recycling, but around 30% Original Lyrics and 70% New Lyrics. On the ReUse of words they're also completely rearranged. Same Original beat as the foundation.
I did ShineDown's "Second Chance", 50 Cent Many Men. My range has no limits to what I can write, and I've been using this wide range variety to test myself. I "got it", and I recognize it. So I definitely need your guidance. Or someones.

Does your course cover this or this andifferent route altogether?
I will never do a straight "Cover" of an Original Song. My Creativity simply will not allow me to do. Its a complete ReWrite.

Thanks Krystal. I look forward to hearing from you, and, working with you on a Collaboration. I would be interested in hearing an original Song you did. Where do I find your tracks?

BatistaInvests
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Thank you for the much needed clarification I appreciate that. Wonderful advice subbed

infamoswordz
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