Uncover the Truth: Can You Legally Cover Songs?

Legal Q + A

Aug 12

Written By Graham Settleman

Cover Your Bases: Legal Advice for Performing Cover Songs

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The prospect of performing your favourite songs for an audience is exciting, but questions about copyright law often arise. Can you legally cover songs in public, and what are the requirements? Let's break it down.

The Short Answer: It Depends

While you might think you need explicit permission from the original artist to perform a cover song, that’s generally not the case. However, there are important legal considerations to be aware of.

Public Performance Rights

The key to legally performing cover songs in public lies in understanding public performance rights. These rights allow businesses and venues to publicly perform copyrighted music. Typically, it's the venue’s responsibility to secure the necessary licences, not the performer's.

Venues and Licences: Most venues, such as bars, restaurants, and concert halls, acquire blanket licences from Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC. These licences cover a vast repertoire of songs, allowing the venue to legally perform them.
Your Role: As a performer, your primary concern is usually to ensure the venue has the proper licence in place. However, if you’re organising an event or performing in an unlicensed venue, you may need to obtain a one-time licence or secure permission from the copyright holders.

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Mechanical Licences

While not directly related to live performance, it's worth mentioning mechanical licences if you plan to record and distribute cover songs. This licence grants permission to record a copyrighted song and is typically handled by the record label or distribution platform.

Important Considerations

Copyright: Remember that you're only covering the song, not owning it. The original songwriter and publisher retain copyright ownership.
Accuracy: While you can interpret a song creatively, it's essential to maintain the song's integrity. Altering the melody or lyrics significantly might infringe on copyright.
Venue Restrictions: Some venues might have specific rules about cover songs, such as requiring a setlist or limiting the number of covers.
Legal Advice: If you have concerns about specific situations or face legal challenges, consult with a copyright attorney.

Conclusion

Performing cover songs in public is generally legal as long as the venue has the necessary public performance licences. Understanding your role and the responsibilities of the venue can help you navigate the legal landscape. By respecting copyright laws and ensuring proper licensing, you can enjoy performing your favourite songs without worrying about legal issues.

Disclaimer: This article provides general information and does not constitute legal advice. It's essential to consult with an attorney for advice specific to your situation.

Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.