Legalities of Covering and Remixing Another Artist’s Song

Many musicians and music enthusiasts wonder if it is legal to cover or remix another artist's song. The answer is mostly yes, but there are specific guidelines and regulations that must be followed to ensure compliance with copyright laws.

The act of covering or remixing is often seen as a creative endeavor that allows one to put their unique spin on a beloved track. However, like any endeavor involving music, it comes with its own set of rules and requirements. Let's explore the ins and outs of this process.

The Process of Covering a Song

When it comes to covering a song, the process can be fairly straightforward, as long as you follow the proper procedures. First and foremost, it is important to credit the original artist, including their name, music director, label, and singer if applicable. Additionally, the title of the cover or remix should be clearly labeled as such, for example, "Song Title - Cover", or "Song Title - Remix".

A disclaimer must also be included, stating that the cover or remix is for promotional or entertainment purposes only and that all rights to the song belong to the original artist or credit bearer. This disclaimer is crucial to avoid any potential legal issues.

How to Obtain Necessary Permissions

It is important to note that while remaking another artist’s song as a cover is generally legal, it can become a more complex matter if you are intending to use it for commercial purposes. In this case, you will need to obtain a license, which will allow you to legally cover and perform the song.

For instance, in the United States, unlike in some other countries, there is a compulsory licensing system that simplifies the process. According to the current statutory rate, you need to pay 9.1 cents for each song per CD sold. If you produce and sell 100 CDs of a cover song, you would need to pay 9.10 in royalties. This relatively simple process means you don’t necessarily need to seek additional help.

However, creating a cover song can easily cross into the realm of creating a derivative work, which involves significantly more stringent rules. A derivative work includes nearly any substantial change that results in a new, unique musical or lyrical composition. This means that simple changes like altering the tempo, key, or adding lyrics can trigger these legal issues.

What Constitutes a Derivative Work?

While the term "derivative work" might seem straightforward, it has specific legal implications that go beyond casual usage. Determining whether a cover is a derivative work requires a nuanced understanding. Changes to lyrics or melody are likely to be problematic, but if the new arrangement is recognizably a variation on the original, you are generally safe. For example:

Converting a heavy rock song to an acoustic version is fine. Changing the tempo or key is usually permissible. Adding a bridge or new lyrics can potentially make it a derivative work.

Essentially, if your "own spin" on the song is still essentially the same song, you will not run into legal trouble. The key is to ensure that the core elements of the song remain intact while adding your creative interpretation.

Conclusion

The process of covering or remixing another artist's song is not only permitted under copyright law but also a common practice in the music industry. However, it is crucial to follow the appropriate procedures, credit the original artist, and pay the necessary royalties. Ignoring these guidelines can lead to costly legal issues, so it is always advisable to consult with a legal professional before attempting to cover a song commercially.