INTRODUCTION
What is a Cover Song?
A cover song is a fresh
interpretation or performance of a previously released song, usually performed
by a different artist than the song's creator or original singer. When an
artist creates a cover, they put their own interpretation on the existing song,
giving it a fresh perspective while retaining the core melody and lyrics.
Here's how an independent artist can
create a cover song:
Selecting the Song: Choose a song that resonates with you and your style as an artist. Ensure the song is not currently protected under copyright restrictions that prevent cover versions.
Recording the Cover: Re-record the song, either by using a studio or home recording setup. The cover version should be distinct enough from the original to avoid copyright infringement issues.
Mechanical Licensing:
To legally distribute and sell the cover song, independent artists must obtain a mechanical license from the copyright owner or the appropriate music publisher. This license allows you to reproduce and distribute the song in physical or digital formats.
You must secure an obligatory
mechanical license from the song's copyright holder in order to publish your
cover song in the US. You may use this license to duplicate the song on
analogue or digital media, including CDs, vinyl records, and streaming
services.
To obtain a compulsory mechanical
license, you can contact the copyright holder of the song directly or through a
music publisher. The licence may be subject to payment by the copyright holder,
but the cost is normally very low.
In United States there are
organizations like the Harry Fox Agency (HFA). HFA's primary role is to
administer mechanical licenses on behalf of music publishers for the
reproduction and distribution of songs. For cover songs, artists, record
labels, or distributors can obtain a mechanical license through HFA to legally
release a new version of a song that they did not write. Once you have obtained
the compulsory mechanical license, you can release your cover song on streaming
platforms and other online music stores. You will also need to register your
cover song with the U.S. Copyright Office in order to protect your own
copyright interests.
There are no specific mechanical
license agencies in India that are solely dedicated to handling mechanical
licenses for music cover songs. The process of obtaining mechanical licenses
for cover songs typically involves dealing directly with the music publishers
or copyright owners. Music publishers in India manage the rights of the songs
they represent and are responsible for granting mechanical licenses for cover
versions.
Royalty Payments:
As an independent artist, you will need to pay a royalty fee for the use of the original song. The standard mechanical royalty rate varies by country but is usually based on a per-copy or per-stream basis.
Clearing Synchronization (Sync) Rights:
If you plan to create a cover music video or use the cover song in other visual media, you'll also need to clear synchronization rights. This involves obtaining permission from both the music publisher and the owner of the sound recording (if different from the publisher).
Registering with a Performing Rights Organization (PRO):
After releasing the cover song, make sure you register your version with a PRO in your country (e.g., ASCAP, BMI, SOCAN). This ensures you receive performance royalties whenever the cover is played on radio, TV, or in public venues. In India, there are also many PRO organizations are operating. Some of them are-
Indian Performing Right Society (IPRS) : IPRS is the oldest and largest PRO in India. It was founded in 1969 and represents over 200,000 music creators.
Phonographic Performance Limited
(PPL) : PPL is a non-profit organization, which, on behalf of record labels and
music creators, collects and distributes royalties. It is in charge of granting
permits for the playing of sound recordings in public spaces including cafes,
bars, and shops.
SONAR Music Licensing: It is a
private company which collects and distributes royalties on behalf of music
creators. It is a newer PRO, but it has quickly grown to represent over 10,000
music creators.
Music Today: Music Today is a private
company that collects and distributes royalties on behalf of music creators. It
is a well-known music label in India, and it also represents a number of
independent music creators.
Super Cassettes Industries: Super
Cassettes Industries is a private company that collects and distributes
royalties on behalf of music creators. One of India's oldest and most reputable
record labels, it features a wide variety of musicians.
Digital Distribution:
To monetize the cover song on streaming platforms and digital stores, use a digital distribution service like DistroKid, TuneCore, or CD Baby. They will handle licensing and royalty payments for you, deducting the appropriate fees.
Here are some popular digital
distribution platforms in India:
Saregama - Artist Aloud: Saregama's
Artist Aloud is a platform that allows independent artists to release and
promote their music across various streaming services and digital stores.
OKListen: OKListen offers a
distribution service for musicians in India, allowing them to distribute their
music to popular streaming platforms like Spotify, Apple Music, and more.
TuneCore: TuneCore is an
international digital distribution service that also caters to artists in
India. It allows musicians to distribute their music worldwide to multiple
platforms.
Ditto Music: Ditto Music offers a
distribution service for independent artists in India, enabling them to get
their music on major streaming platforms and stores.
ReverbNation: ReverbNation provides
distribution services for musicians, including those based in India, to get
their music on various digital platforms.
Believe India: Believe India is a
digital music distribution and artist services platform that supports
independent artists in India.
Hungama Artist Aloud: Hungama's
Artist Aloud is a platform that supports and promotes independent artists,
providing distribution services for their music.
Symphonic Distribution: Symphonic
Distribution is an international distribution service that allows artists from
India to distribute their music globally.
Promotion and Marketing: Promote your
cover song on social media, music blogs, and other platforms to reach a wider
audience and potentially gain more revenue from streaming and sales.
CONCLUSION
Before releasing a cover song, it is
crucial to correctly go through the copyright processes and acquire the
required licenses in order to prevent legal complications and guarantee that
you may legally commercialize your work.
Legal experts or those working in the
music industry should always be consulted if you have any questions or concerns
about copyright or licensing.