How to Release an Album of Cover Songs Without Getting into Trouble

Want to legally record and release an album of cover songs? This blog post walks you through the steps you need to take, from identifying the copyright holders to obtaining a mechanical licence to paying royalties. We also provide tips for success, such as choosing songs you're passionate about, being creative, and promoting your album.

Q + ALAWS

Graham Settleman

11/16/20234 min read

a record player's turntables playing a record
a record player's turntables playing a record

How to legally record an album of cover songs

Recording an album of cover songs can be a great way to pay homage to your favourite musicians and put your own spin on their classic tunes. However, it's important to make sure that you're doing it legally. Here's a step-by-step guide on how to record and release an album of cover songs without getting into trouble:

  1. Identify the copyright holders. The first step is to identify the copyright holders for the songs you want to cover. This information can usually be found on the Harry Fox Agency website. If you're having trouble finding the copyright holders, you can try contacting the publisher of the song.

  2. Obtain a mechanical licence. Once you've identified the copyright holders, you need to obtain a mechanical licence. A mechanical licence is a legal document that gives you the right to reproduce and distribute a copyrighted musical composition. You can obtain a mechanical licence directly from the copyright holders, or you can use a third-party service like the Harry Fox Agency or CD Baby.

  3. Pay mechanical royalties. When you obtain a mechanical licence, you'll need to pay mechanical royalties to the copyright holders. The current mechanical royalty rate is 9.1 cents per unit sold or streamed. You'll need to keep track of how many units of your album you sell or stream and pay the copyright holders the appropriate royalties on a regular basis.

  4. Comply with other copyright requirements. In addition to obtaining a mechanical licence, you may need to comply with other copyright requirements, such as the compulsory licence for synchronisation. If you're planning on using your cover songs in a video or movie, you'll need to obtain a synchronisation licence from the copyright holders.

  5. Release your album! Once you've obtained all of the necessary licences and paid the required royalties, you're free to release your album of cover songs! You can release your album independently through a digital distribution service like Distrokid or CD Baby, or you can sign with a record label.

Here are some additional tips for legally recording and releasing an album of cover songs:

  • Make sure to get everything in writing. When you obtain a mechanical licence or sync licence, be sure to get everything in writing. This will protect you in case there are any disputes down the road.

  • Keep accurate records. It's important to keep accurate records of how many units of your album you sell or stream. This will help you to ensure that you're paying the copyright holders the correct amount of royalties.

  • Be careful about making changes to the original songs. When you record a cover song, you're free to put your own spin on it. However, you need to be careful not to make any changes that would violate the copyright holder's rights. For example, you can't change the lyrics or melody of a song without the copyright holder's permission.

  • Get legal advice if you're unsure about anything. If you're unsure about any of the legal requirements for recording and releasing an album of cover songs, it's always best to consult with an attorney.

Example:

Let's say you want to record a cover of the song "I Will Survive" by Gloria Gaynor. The first step is to identify the copyright holders for the song. A quick search on the Harry Fox Agency website reveals that the copyright holders for "I Will Survive" are Sony/ATV Music Publishing LLC and Universal Music Publishing Group.

Once you've identified the copyright holders, you need to obtain a mechanical licence. You can do this directly from Sony/ATV Music Publishing LLC and Universal Music Publishing Group, or you can use a third-party service like the Harry Fox Agency or CD Baby.

When you obtain a mechanical licence, you'll need to pay mechanical royalties to the copyright holders. The current mechanical royalty rate is 9.1 cents per unit sold or streamed. So, if you sell 1,000 copies of your album, you'll need to pay the copyright holders $910 in mechanical royalties.

In addition to obtaining a mechanical licence, you may also need to obtain a synchronisation licence if you plan on using your cover of "I Will Survive" in a video or movie. You can obtain a synchronisation licence from the copyright holders or from a third-party service like Rumblefish.

Once you've obtained all of the necessary licences and paid the required royalties, you're free to release your cover of "I Will Survive"! You can release your cover independently through a digital distribution service like Distrokid or CD Baby, or you can sign with a record label.

Conclusion

Recording and releasing an album of cover songs can be a great way to share your love of music with the world. However, it's important to make sure that you're doing it legally. By following the steps outlined in this article, you can avoid copyright infringement and ensure that you're releasing your album of cover songs legally.

Here are some additional tips for success:

  • Choose songs that you're passionate about. This will make the recording process more enjoyable and help you to create a truly unique and personal album.

  • Do your research. Learn as much as you can about the original songs and the artists who performed them. This will help you to understand the context of the songs and make informed decisions about how to interpret them.

  • Be creative. Don't be afraid to put your own spin on the songs you're covering. You can change the tempo, the arrangement, or even the instrumentation. Just make sure that you're respectful of the original composition.

  • Promote your album. Once you've released your album, make sure to promote it as much as possible. You can do this by playing gigs, submitting your music to streaming services, and sharing it on social media.

With a little effort, you can create an album of cover songs that is both legal and enjoyable for listeners.

Tips for success, from choosing songs to promoting your album

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