If you record a cover song, you need to get licensing rights and pay royalties.
My band is recording a cover song, Baby Got Back by Sir Mix-A-Lot. Since it’s a cover song, I need to get the rights to use it. I found a really easy and affordable way to license the music! But, I also found a giant and annoying snag in regards to YouTube. A snag so big it makes me a bit resentful of the music industry’s antiquated ways.
First, I licensed the song through a service called LimeLight. I thought it would be a pain, but it only took me minutes to set up! Five minutes and $30 later, I can now legally sell this cover song.
However, this only covers me up to 25 downloads and 100 streams (like on Spotify or Last.fm). When I go over those limits, I need to go back to LimeLight and pay more in royalties. LimeLight allows you to purchase more than just the 25 downloads, but I wanted the simplest and smallest package. I might increase this if I see success with promoting my cover. Also, I think it’s only a one-time fee of $15, so my future renewals won’t cost as much.
Here’s the pain-in-the-ass snag: The license doesn’t cover YouTube. Since YouTube is video, you need a synchronization license.
That should be easy, right? Wrong. You need to contact the publisher. In this case, it’s Universal Music Group Publishing. I went to their site and was presented with a rather intimidating form asking me what my “music budget” was. My budget is zero!
I did a little more research, and it turns out that getting a synch license like this will cost a boat-load of money. They are used to licensing to major films and commercials; not a broke band wanting to do a cover tune. For a song like “Baby Got Back”, I’m sure they would want about $10,000 for the synch license.
It turns out this process is so broken, bands just ignore the synch license and upload their covers to YouTube anyways. Rarely does a publisher sue a band to take down the video, but it can happen. This can also get your YouTube account suspended. Though, this is still unlikely as publishers like the publicity for their music. However, you are still exposed to this risk.*
* Research from Sue Basko’s blog: Cover Songs on YouTube
So why the hell isn’t there a simple YouTube synch license? I want the original artist to get their money. I want to do things the legal and correct way. Why, in an industry railing against piracy and licensing violations, am I not given the option to do the right thing?
I’m going to create the video and upload it anyway. If others have done it, I can do it, too. And, since I’m paying royalties for my recorded version, I don’t think I’ll be targeted. (Fingers crossed.)
But, back to the normal, non-video license. I want to give away my cover song in exchange for people signing up to my email list. It turns out, even with a free download, you still have to pay the royalties. Once I go over 25 downloads, I have to go back and pay more. That’s a bit of a bummer, but it might be worth it for email leads.
To drive that point home, you still need to pay royalties even when you give the song away for free!
Finally, here’s the mandatory disclaimer. I’m not an entertainment lawyer. The above information is solely my personal experience. This is my first attempt at getting licenses for a cover song. If you enter into these gray, murky waters of rights and royalties, I’d highly recommend consulting with an entertainment attorney. It’s pricey, but it’s cheaper than getting sued!
I hope this helps! I see quite a few bands recording and selling cover songs without getting the rights to do so. It’s extremely easy and cheap to do the right thing on LimeLight. Wouldn’t you want your royalties if another band covered your tune?
I’ve posted on here several times before, and I’ve been following your site for a while now as well.
Gradually, I became curious about your band, Shiplosion. I checked out a few of the videos you posted from your first show, and I was intrigued. However, now that I just watched your cover of Baby Got Back, I’m a full-fledged fan of the band! You guys really tore it up!
One of my previous bands did something like this with Murder was the Case by Snoop Dogg. (I was going to post a link to it you YouTube, but I must have taken the video down because I couldn’t find it.)
Also, I would like to add something to a post from a guy in a previous thread. He mentioned the band name looking like SHIPlosion, rather than SHIplosion. I thought this the first time I saw the band name as well. My idea was, maybe add like a cartoony looking dust cloud, or a jagged bubble looking thing (i.e. the Beavis & Butthead logo), behind the band name. Anything that looks like an explosion to sort of hint more at the PLOSION part of the name.
Haha! Baby Got Back was fun, and I know people love it. But that damn song is stuck in my head every day, now. It’s driving me a little insane!
I love that song by Snoop. I haven’t heard it in years! Yeah, YouTube can take down songs on a whim. Usually, they notify the uploader to take the video down voluntarily. But, they can react quickly if the publisher/synch-owner requests a takedown.
Regarding the Shiplosion naming. Yeah, I get that a bit. I do have logos that have a cartoonish explosion with them. Still, people think I’m talking about a ship. Which, honestly, is fine with me. :) It’s one of those things that you have to know my band to actually “get it”. Probably not the most promotional-friendly names I could have chosen, but the name still makes me laugh. But, it comes up really easy on Google! There’s no confusion on my band name itself.
My last band had the worst, most SEO unfriendly name ever: THE THEM. Those two keywords are ignored by Google. A really bad choice, there.
I appreciate your comments, Dymrip! Thank you so much!
Yeah, the whole Youtube synchronization thing, or any video/film synch, for that matter, depends on how cool the copyright owner is.
The bottom line – there’s no statutory right to a synchronization license! A songwriter/publisher/rights holder can decide whether or not they want to let you have a synch license, and if so, how much they want to charge you. In reality, they grant some people a license and others not. They may also charge one person more than another. It’s totally at their discretion.
I found this out a few years ago, when I represented a band that wanted to cover and do a video for Ghostbusters, but was told by the publisher that Ray Parker Jr only dealt with major record labels. I wrote a letter in response, suggesting that Ray get with the times. ;)
Maybe you should seek advice from Pomplamoose. Hell, they have Michael Jackson’s “Beat It” on video, as well as a slew of other cover songs!
Bob Baker had Pomplamoose on his podcast, and they discussed licensing. However, they conveniently avoided synch licensing on YouTube.
I emailed Sir Mix-a-lot letting him know I’d be doing a YouTube video of his song and translating the views to interactive streaming royalties on Limelight. Also, I let him know that I’d take it down if he didn’t approve. I haven’t heard back from him, but who knows?
Haha! I’m sure Ray Parker Jr really appreciated the letter! haha!
It’s funny, we have a worse situation with youtube right now. Our band has a digital distribution deal with JMD Records/INgrooves/UMG. I guess the INgrooves part of the label monitors youtube and has taken away our right to monetize our own songs. I haven’t gotten a response from the label yet, and youtube has made their end complicated.
We’re not breaking any sales records right now, but still I’m not looking to get out of our distribution deal just yet, so I don’t wanna ruffle feathers at the label.
Now I’m a little confused by all this because people just take songs, and make silly videos and post on youtube all day…. monetized with ads! I thought there was some type of right to post the music for commenting etc as long as you’re not profiting from it.
Who knows the real laws? I guess we find out on a need to know basis.
Thanks to Chris responding to me, he got my blood going so I took stronger action. Got my youtube permissions back. Turns out the record co was protecting interests and didn’t know the channels in question were mine.
Till then check us out at https://www.facebook.com/pages/Fools-on-Sunday/213115441602 but don’t be stealin’ :-)
I still don’t know how these people take say a Black Sabbath album, make videos, post them AND monetize them . Got believe when the views are in the millions ,they’re gettin some decent dough out of it.