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Cover Band License?

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[email protected]

Junior Member
What is the name of your state (only U.S. law)? California.

Hello, I have recently started a YouTube channel posting cover versions of popular songs. I am trying to do the right thing and seek the song owner’s permission to cover the song… unfortunately most artists (or their representatives) never respond to my requests. This is convenient, as if I ever start to make any real money doing so, I am sure they will be quick to contact me then!

My question is if there is some sort of blanket license I can pay for that would allow me to perform cover songs on YouTube? I was speaking to a bar manager I often play at and he says he pays BMI, ASCAP and SESAC for rights to play the songs they represent respectively.

I am aware that these licenses are quite expensive, but I am looking for the “right way to do this” rather than the cheapest. Would purchasing these do what I want it to do? Give me a big list of songs that I can pick from and play on YouTube without breaking copywrite law?

Just to be clear, it is my intent to make money on these songs, but not through albums. If you get enough views on your YouTube page you can opt to become a YouTube Partner, in which you jointly share revenue from advertising on your videos.

If these licenses will not cover (excuse the pun) my needs, what will?
Thanks in advance, you guys are great!What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
There are several rights involved in these types of performance.

Performance rights cover the public performance of covered copyrighted works. This is paid for by the venue (YouTube in this case) through one of the Performance Rights Organizations (ASCAP/BMI/SESAC). There are negotiated rates for this stuff.

In order to make a phono record (doesn't apply here) which is an audio recording, there are the mechanical rights. This covers the copy in inherent in producing the record/CD/MP3. Mechanicals are compulsory licensed. That is, once a composer has a record published in the US, others may cover it at a statutory rate without needing permission. Most of the popular publishers use the Harry Fox Agency to collect this, but if the composer isn't represented there you can hunt him down and send your royalties in.

Now here's the rub in your case. When using music in accordance with a visual performance you also need synchronization rights. These you will have to specifically negotiate with the rights holder. There's no blanket provisions. YouTube has in fact negotiated these with a lot of the rights holders in exchange for consideration.

Sorry, no easy answer here.
 

[email protected]

Junior Member
Thank you very much for your reply FlyingRon!

I guess the simple answer then is to continue what I am doing then? Is there a way to protect myself if I document my attempts to receive permission with no reply? IE. if somehow I get taken to court for one of my songs, if I can provide sufficient proof showing that I had tried to legally pay for the rights will I be protected? Could I pay for rights after the fact?

Thank you again!
 

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