Please note that the following information is not
legally binding. If you want legally binding information, please consult a collecting
society or a law firm specializing in music copyrights, such as the law firm “music
& law” (http://www.musicandlaw.com/home_eng.htm)
Cover
vs. edited version
The difference between a cover and an edited version
is crucial for mechanical royalties and exploitation of rights. For a cover
version, the composition and lyrics remain almost the same. It can qualify as
an edit, if the song has been transposed to a different pitch, or if different
instruments are being used.
As soon as more than a few notes are changed, e.g. if
you add or change lyrics and/or melody, it definitely qualifies as an edit. If
you are not sure if your song is a cover or an edited version, please contact
your collecting society (GEMA, AKM, etc.)
Do I need permission for a cover or an
edited version?
For cover versions, please refer to 1.1 - Which songs am I allowed to upload according to
copyright law?. If you want to publish a cover version of a song, whose originator
died less than 70 years ago, you need permission of the collecting society
(GEMA, AKM, …). The collecting society forwards license fees to the current
rightsholder. This does not apply to revenues (downloads and streams) in the US
and Mexico. For these markets it is mandatory to inform the rightsholders of
the original version (either composer, songwriter or publisher).
For an edited version you ALWAYS need the permission
of the rightsholders (composer and songwriter or publisher). We strongly recommend
that you get the permission of the rightsholders for both, cover and edited
version, in order to avoid possible difficulties and lawsuits.
Example:
John records a cover of “We will rock you” from Queen
on the piano. His friend Tommy sings. Melody and lyrics remain unchanged.
Original rights „We will rock you” è Rights for cover version
-
Interpret: Queen è -
Interpret: John feat. Tommy
-
Author: Freddy Mercury è -
Author: Freddy Mercury
-
Composer: Freddy Mercury è - Composer: Freddy Mercury
-
Label: EMI è -
Label: John
-
Publisher: EMI è -
Publisher: EMI
Related Topics