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Why Posting a Cover Song on YouTube is Copyright Infringement

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Categories: Articles, Copyright, Infringement, Legal Issues, Music, Music Industry, Music Publishing, Royalties, Social Media, Tags: , , , , , , , , , , , , ,

by Erin M. Jacobson, Esq.

Erin Jacobson music attorney music industry lawyer youtube cover song copyright infringement

New artists trying to get discovered will frequently cover famous songs and upload videos of them performing these songs on YouTube. Many artists do not realize that without securing the proper permissions, posting a cover song on YouTube is actually copyright infringement.

User-generated cover song videos require permission to use the composition and permission to synchronize the audio elements with the video.*

To cover a composition, one needs to get a mechanical license. A mechanical license allows someone to record a song that has already been recorded and distributed by another artist. A mechanical license is most often obtained through the Harry Fox Agency. The related royalty stream is called a “mechanical royalty” which is a royalty payable to a composition owner for the privilege of being allowed to record that composition. This is the 9.1 cent royalty often mentioned in the music business.

However, the mechanical license only covers audio recordings of the original composition. It does not cover the synchronization of the audio with the video portion, for which one needs to obtain a synchronization or “sync” license. This is where most people get tripped up because they don’t get a synchronization license from the composition owner (usually the music publisher).

An artist who does not get permission from the owner of the song he is covering to synchronize his cover version with the accompanying video is infringing the copyright of the original composition.  [tweetthis display_mode=”button_link”]Failure to get a sync license for your YouTube cover song video is copyright infringement.[/tweetthis]

The consequences of posting a cover song without the proper synchronization license vary. In some instances, the copyright owners of the original composition don’t know about the cover on YouTube or they choose to do nothing about it. In other cases, the copyright owners will send a DMCA takedown notice to YouTube and have the video taken down. Further still, someone who posts an unauthorized cover might get a cease-and-desist letter or the threat of legal action, and might actually get sued, leading to liability for a lot of money in copyright infringement damages.

Do you have more questions or need a license for your project?  Contact Erin now to get your questions answered.

* In the case of a cover song, the original master recording is not used because someone else is making his or her own recording of the song and therefore no label permission is necessary. If one plans to use the original master recording in a video, that person would have to go to the master owner (usually the record label) and get a master use license to be able to pair the master recording with the video. I won’t discuss the performance right here since YouTube and similar websites have blanket licenses from the performance rights organizations. However, if an artist is uploading these videos to his or her personal website, that artist is also liable for the payment of performance royalties.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or mattersThis article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user and Erin M. Jacobson, Esq. is not acting as your attorney or providing you with legal advice.   The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on,act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

 

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Edgar Allan Poets Sheds Light on Homelessness

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Categories: Charity, Clients, Crowd Funding, Tags: , , , , , , ,

My client Edgar Allan Poets are collaborating with The Midnight Mission to assist The Mission in providing services to the homeless men and women of LA’s Skid Row.  Edgar Allan Poets are raising money for their new video “Watch” and will donate proceeds to The Midnight Mission.  Visit http://www.musicraiser.com/projects/2745 to donate and track the status of the project.
Please see the video and press release below for more information and how you can be involved.

 

(Shout out to my friend Georgia Berkovich at the Mission!)

Edgar Allan Poets and The Midnight Mission:  Shedding Light on Homelessness
Beverly Hills—one of the most glamorous places on Earth, known for fashion, celebrities, and the prestigious 90210 zip code.  But just minutes away, another reality exists.  This reality is Skid Row, one of the largest populations of homeless men, women and children in the United States.  The numbers are staggering; it is estimated that anywhere from 3,000 to 6,000 people live here in extreme poverty with no access to even the basic necessities for everyday life.  These are the invisible people of Los Angeles, living side by side with their affluent neighbors who may be unaware of just how dire this situation is.  But, a ray of hope breaks through this darkness.

 

Edgar Allan Poets is honored to announce their collaboration with The Midnight Mission (www.midnightmission.org).  The band has a unique style they call Noir Rock, which draws inspiration from the writings of Edgar Allan Poe and the films of Alfred Hitchcock, creating an intense and haunting blend of classical strings and grunge guitars.  For the past century, The Midnight Mission has been providing services to the people of Skid Row, twenty four hours a day, seven days a week, free of charge.  Amongst their services are a twelve-step rehabilitation program, job training and education, all to give people of Skid Row hope for a better future.

 

Edgar Allan Poets is reaching out to the Noir Family for your help in making their vision a reality!  Your generosity will allow the band to fund the production of the video “Watch” as well as the recording of the new EP of the same title.  Thirty percent of the profits of this EP will be donated to The Midnight Mission.  If this ambitious project is funded, the video will be directed by Daniel Lir and his partner Bayou Bennett, who have previously worked with Coldplay, Sum41, Isaac Hayes, Tricky and many new independent artists.  Of this project, Lir states, “As filmmakers, we are all about meaningful stories.  We look forward to creating this high impact and exciting video with Edgar Allan Poets and The Midnight Mission.”

 

It’s up to YOU now!  Don’t just sit back and “Watch”!  Bring your noir into the light and help others help themselves.  Music is the voice of the silent and the invisible.  Visit http://www.musicraiser.com/projects/2745 to donate and track the status of the project.

 

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Client News: Adam Small Launches New Venture in Music Consulting, Management, Licensing, and More

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Categories: Clients, Music Industry, Tags: , , , , , , , , , , , , , , ,

My client Adam Small of My Music Masterclass has now launched Adam Small Music, a company focusing on music career consulting, management, licensing, publishing, and more.

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Adam is a professional touring bassist, has a large career in music licensing, and is also a mastering engineer, studio consultant, video editor, web designer, computer tech, etc.  He is now using his more than twenty years experience in the music industry to help other artists with their careers.

I encourage you to learn more about Adam Small Music at www.adamsmallmusic.com.