Covers And Sync Licenses

[john]

Hi gang

Gabriel, Tom and I were discussing the trend to ignore seeking permission from a publisher to record a cover.

Some of the points raised were:

That if it is a commercial release you will be pursued for a share of the money at some point.

That getting a sync license to legitimately release the song is easier than you think.

although there is a degree of lack of understanding, it is more a deliberate act, maybe defiance, maybe convenience.

For the YouTube posters the simple fact is focused on convenient, quick promo.

But the fact that repercussions, both financial and career, can easily be avoided, are the reasons above the only reasons? is there anything that would make more musicians recording cover songs seek permission to use them legitimately?

Do you feel you understand the process of getting a sync license?

There is an article in the Songstuff library all about cover songs, does it provide the right info at the right level?

http://business.songstuff.com/article/cover_song_quagmire/

I'd be really interested to hear your thoughts and perspective on this? What is your experience of sync license? Can you offer any advice? What would you say to new or inexperienced artists to encourage them to go through the proper channels?

Any comments, suggestions, observations or advice you can offer would be great.

cheers

John

PS please share /like / tweet the topic. raising awareness that seeking and getting sync licenses is relatively straight forward is a good thing!

[john]

Hey David

Good points all.

[GabrielMusic]

The way I understand this:

 

If you do a cover, which means, you do the music of an existing/popular song (and the production and performance is yours) and you film a video yourself, you still need synch licenses from the owner/s of the song and the lyrics before uploading to youtube.  I also hear that you also need mech licenses. 

 

I wonder if that changes at all (it probably does not change at all), if your intent is to not make money off of the sale of that video or mp3.  Let's say you give it for free.

[GabrielMusic]

I wrote to about 20 artists (and their admin staff) to ask about how they go about covers on youtube without synch licenses, I read all of youtube terms and conditions and their Content ID program, read articles, etc.  The bottom line is that to cover anyone's song with a video is for sure not legal without their permission, however it's tolerated in most cases especially if you do not monetize.  I ll dig deeper.

[john]

You are bang on the money Gabriel in terms of what is legal and what is done in practice.

The need to get permission, in the eyes of the law, and ethically, exists whether you make a commercial release or not. In practice, at least on YouTube, it seems permission is preferred but not needed. Where tolerance of unapproved covers stretches passed breaking point is in the case where an artist doesn't sell the recording, but they make money from advertising. If YouTube notice that, or it is brought to their attention, my understanding is that they can suspend all your advertising based income as advertising IS making money from the song and in the copyright owners eyes most definitely IS a commercial release and therefore by any means absolutely has to have their permission. If they decide to pursue you legally (which they usually do) they will win, simple as that.

[GabrielMusic]

What I dont understand is how YouTube's monetization system works however.  Because there are several versions of it.  Meaning:

 

1. If you do an original video/song and you turn on "monetize" on your channel, does that mean that youtube will run ads before your covers play and all of that revenue goes to you?  Split between you tube and you? 

 

because I have also read that in the case of covers:

 

2. When you do a cover, (let's assume) Youtube's bot catches it and sends the song-owner/publisher a notification giving them three options: to either ask youtube to ask you to block it (and that's one of three strikes tolerated before your channel is taken down completely), to ask youtube to do nothing (tolerate it) or to ask youtube to ask you to share the monetization.  And in the third case, I am confused:  Does the monetize have to be turned on by me before even the youtube bot searches for my content matching someone else's copyright?  Does it not matter if I turned monetization on and they will still ask me to monetize (by force so they share revenue) in exchange for letting my content play?

 

Stll confused there.

Edited January 16, 2014 by GiMusicProductions

[macmanmatty]

What if you record your version of song written by some who is deceased? Or deceased and born after  1970? or written by two people only one of whom is dead?

[john]

What I dont understand is how YouTube's monetization system works however.  Because there are several versions of it.  Meaning:

 

1. If you do an original video/song and you turn on "monetize" on your channel, does that mean that youtube will run ads before your covers play and all of that revenue goes to you?  Split between you tube and you? 

 

because I have also read that in the case of covers:

 

2. When you do a cover, (let's assume) Youtube's bot catches it and sends the song-owner/publisher a notification giving them three options: to either ask youtube to ask you to block it (and that's one of three strikes tolerated before your channel is taken down completely), to ask youtube to do nothing (tolerate it) or to ask youtube to ask you to share the monetization.  And in the third case, I am confused:  Does the monetize have to be turned on by me before even the youtube bot searches for my content matching someone else's copyright?  Does it not matter if I turned monetization on and they will still ask me to monetize (by force so they share revenue) in exchange for letting my content play?

 

Stll confused there.

I imagine if you do not have monetisation turned on that it will either not present the copyright owner with that option or request that you turn it on. The point is that it gives the copyright owner the option.

Doesn't HFA distribute a share of general YouTube advertising to registered members? Ie from general page advertising.

My understanding is that yes, ads are displayed in a number of ways including video leaders.

[john]

What if you record your version of song written by some who is deceased? Or deceased and born after  1970? or written by two people only one of whom is dead?

If it is like Adsense and other Google products, and other YouTube rules, they take action on the general principles and it is up to you to prove you have permission, or prove why the general rule doesn't apply to you in this case.

[GabrielMusic]

What if you record your version of song written by some who is deceased? Or deceased and born after  1970? or written by two people only one of whom is dead?

The copyright follows a person for 70 years after their death.  Oh yea....they locked down real tight, lol.  As they should have.

[macmanmatty]

The copyright follows a person for 70 years after their death.  Oh yea....they locked down real tight, lol.  As they should have.

even if they were born before 1970? who do the royalities go to if they have no living family?