Don't Get Sued | Post Cover Songs LEGALLY on YouTube (Step by Step Guide)

0:00 - Introduction
1:08 - Mechanical Licenses
3:43 - What if I Give Credit?/What if it's Free?
4:46 - What About Fair Use?
6:05 - Putting Covers on KZbin:
6:20 - #1: Demonetization
7:26 - #2: Copyright Strike
7:53 - #3: Copyright Claim
8:14 - The Reality of Cover Songs
8:59 - BMI & ASCAP
10:00 - Getting Organic Traffic
10:40 - Dangerous Daughters/Dark Pop
10:55 - Come Say Hi
11:01 - Outro
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This week we are talking about your recorded SONG COVERS and even videos being posted to KZbin. How can you do it legally, and what are the current grey areas in the industry on this? Learn all about it here, and be sure to ask any additional questions in the comments below!
Disclaimer: The information, ideas, and suggestions in this video are not intended to be legal advice. Before following any suggestions contained in this video, you should consult your personal attorney. The speaker shall not be liable or responsible for any loss or damage allegedly arising as a consequence of your use or application of any information or suggestion in this video.
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#CoverSong #TopMusicAttorney

[@TopMusicAttorney]

Feel free to share a link to a cover song you have done in the comments below! For those of you looking to understand copyright a bit better, be sure to check out these videos as well: kzbin.info/aero/PLel4vdb39aDaMxTFi7WJD1EPh9j7Pym4_

[@ethereal_musik]

kzbin.info/www/bejne/qnivkpywpdJkjpI here. And almost every cover I have done

[@fit4life549]

Thank you great advice, subbed you. I did have a question though. So once you have done those steps do you put this in the description?

[@POLSKAKOREANKA]

kzbin.info/www/bejne/m6LUYYidl7dgptU I did few covers and all of the ad revenue always went to the rights holder 😅 However it's no big deal since my channel is not monetized anyway ✌️

[@alphanina]

kzbin.info/door/olxaGIVKw8llVBOYHMyTmw

[@MicSessionsNLifeLessons]

This Video is 🔥and so is your hair !!

[@johnrobinson1020]

I would just like to clarify something for those of you who are amateur artists and you want to upload your song to youtube and you are not wanting to make money from it; KZbin will check if the song is copyrighted and will show any restrictions relating to that song and in most cases it will either list the song as "Copyright" or "None" now if the song is listed as "Copyright" you can click on the copyright tab and it will tell you that your song contains copyright material but the owner of the song allows it to be played on KZbin; so in that instance, you won't have a problem, however, you will not be able to receive any money for these videos but they can be posted as "unlisted" which means they can be seen on youtube and you are also able to send links to your videos to friends or anyone you would like to hear your music. I would suggest this is only practical for amateur singers who just want to share their music with friends or people they know, although it will be on KZbin for anyone to see if they happen to drop across it. This is also another way to back up your songs. If you want to upload songs other than for the reason I have mentioned then it would be more practical and prudent to follow the advice contained in this video.

[@Diamond88keyz]

Thankful to you for uploading this video about the proper way to cover songs. So many people have posted videos on the subject and it's a long drawn out video of nothing. This is to-the-point, honest, professional. Thank you.

[@TopMusicAttorney]

You're so welcome! Thanks for being here! :)

[@jennifergee138]

I had no idea you HAD to do it legally, this was eye opening!!

[@TopMusicAttorney]

Copyright law and the actual practice in the music industry are two very different things!

[@Prancer-jr6qr]

You and me both!

[@Crime_pays]

You don’t have to only after you get it striked

[@waakkeuppp]

An artist AND an entertainment attorney?! You’re amazing! You’ll have so much valuable content; excited I found this video 🙌🏽🔥

[@TopMusicAttorney]

Thank yooooou!

[@brendamariemusic]

You have a new fan! Love how you communicate a complicated subject and make it simple. Thanks for the data!

[@TopMusicAttorney]

You're so welcome! Please subscribe, and I hope to see you on tomorrow night's livestream at 7pm PST :)

[@christianmosqueira1985]

Now this is something I've always wondered about because I knew a couple singers who do cover songs. Thanks for the informative video 😊❤️👍

[@TopMusicAttorney]

Glad you are here to see it! YW

[@nowzen4240]

I'm a bit frustrated. In my life I've always tried to do everything legally, and for that reason I haven't posted any cover tunes when I've REALLY wanted to. Yet I actually follow 2 girls just say , that are literally covering new songs like within a week of the original artist/composer putting them out. They literally have high thousands to million views... and I'm like HOW are they doing this. These are singers who have been doing it for years!!! Plus I've wanted to give credit where credit is due to the original artist and composers..

[@TopMusicAttorney]

There are many cover artists who never take the legal steps to obtain actual Sync licenses to do the cover songs. They just do them. This is risky, for all the reasons I discuss in this video. I would not recommend doing this, but it is done. I am specifically talking about cover videos on KZbin. Obtaining a mechanical license to release audio-only takes less than 10 minutes, and any artist can release cover songs on music platforms without an issue. In fact, platforms like Distrokid will include the mechanical license fee in the distribution cost, and will get the license for you. So know there are a few ways to do your own cover songs legally!

[@nowzen4240]

@@TopMusicAttorney ok! So this makes sense. I think they are starting with audio and using a thumbnail until they retain the mechanical license anc put out the video. They may also have promo / mktg teams that pay and help with this side of it ! But it’s just little ole me here trying to do everything. Thx for the response and I’ll check out your music !

[@IvanIvoMartinetti]

Thank you, super good sound and quality of information. Saving the video as a reference for future :)

[@TopMusicAttorney]

Love that, thank you! Glad it's helpful!!

[@Jusdfy]

I’m happy I found you. Thank you.

[@Eloho-Inibi]

God bless you! This info saves people like me!❤❤❤

[@suzannegrandma1150]

In Canada, we need to go directly to the publisher or owner before getting a mechanical licence.

[@BernardMusicPH]

This is very informative, thanks for detailed explanation.

[@joannejolee7751]

Thank you for this excellent information.

[@TopMusicAttorney]

Thanks so much for watching :)

[@d_p_2162]

Dope video, love this

[@TopMusicAttorney]

Thanks for watching Darnell, hope it helps!

[@kerwinfernandes9583]

Thank you for this video. God bless you! :)

[@SmokinFoolz]

My channel is growing, I wanted to do some cover songs. COVER SONG SLAUGHTER is what I call it. This video is SUPER helpful. Thank you.

[@TopMusicAttorney]

I'm so glad!

[@kjchicago1]

Interesting Topics and well said about cover songs

[@TopMusicAttorney]

Thank you!

[@retsmej]

great tips ! thanks .

[@johnystar479]

There is soo much restriction that you have no choice than to be original. I had took once a video and it took 1 day to have a copyright strike, so it is sure it's a no-no.👍💕

[@TopMusicAttorney]

If you go at it from a legal standpoint right away, you should be fine!

[@johnystar479]

@@TopMusicAttorney O.k, sure. You have to be "selective" then. Tanks.

[@Prancer-jr6qr]

You’re absolutely right!

[@SusanStoneSalas]

Filling out a sync license form. OMG! Wow! Is it confusing! Oh, dear my head is spinning! Thank you!

[@TopMusicAttorney]

Knowing where to go, and which forms to do simplify it! Thanks for being here!

[@juliancallard]

Hey, thanks for the very informative video! I have been trying to read up on all the licensing requirements, which leads me to a question: Say I arrange a pop song for the piano. The vocals are integrated into the instrument. I then record that arrangement and post it on KZbin with sound and the video of me playing the song. What license would I require? Or do I just need the artists permission? Thanks in advance!

[@dj-sws-melodictechnoedm]

You are a very Smart / Professional women! Thnx!

[@OneMinuteSaxLessons]

Thanks for the video!

[@TopMusicAttorney]

Hope that helps!

[@Hannahhenrysmusic]

Thank you so much for sharing

[@TopMusicAttorney]

You're very welcome!

[@rodgold]

fsntastic channel !! i love the info that your giving !! Every success to you !! Best wishes RodGold |}:

[@TopMusicAttorney]

I appreciate that, thank you!

[@michaelperkins4651]

this is useful i am thinking of upload some cover songs

[@yogiebuddie]

Love the information as to trying to use songs from popular artist that we look up to in the music industry. I do have a question: After finding them on BMI/ASCP, how would do you contact them? How would you be able to contact them professionally? Through social media or email?

[@TopMusicAttorney]

After you find their information on BMI or ASCAP the contact information is right there. And so it's usually good to send an initial email, but sometimes there's a phone number and you can call as well!

[@uniformofsquids1718]

Damn this woman has charisma. I’m coming back to this channel first next time I have another question like these

[@Evangelionism]

Hey, Miss Krystle! Excellent and very crucial video for content creators! 🙇🏽‍♀️ I really appreciate this! In terms of classical musicians publishing arrangements of copyrighted works, I am wondering how something like this bodes in the interest of copyright law and professional music business protocols. I half suspect a "music arrangement" may be considered the umbrella under which "covers" stand (or perhaps, vice versa) and, therefore, of no legal distinction? I am a composer-arranger who arranges and produces orchestrated, classical, and otherwise re-envisioned arrangements of songs, soundtracks, scores, etc., and I would like to know more about that side of things since that world isn't nearly as talked about as cover music (assuming arrangements and covers are not viewed the same). Most likely, covers are arrangements, or arrangements are covers, and they are thus both subject to the same regulations, especially considering things like guitar and piano "covers" (arrangements) exist. Cheers!

[@TopMusicAttorney]

I'd love to help! Come over to my livestream TOMORROW (Tues) night at 7pm PST and ask away in the live chat! Otherwise email for a consult! :) [e-mail]

[@Thriving_in_Exile]

I didn't even know a "Mechanical License" was a thing, before this. Good to know. Also, 4:28. That's a hell of a point. I guess profit comes in all forms, or what have you. There's also the question of how far you can push someone else's branding, but I'm guessing that's a whole other rabbit hole. EDIT:: Also super useful to hear all your thoughts on Fair Use. Hoping that _does_ get its own full length video sometime. Duke's up.

[@TopMusicAttorney]

I really appreciate this comment Gunnie, thank you. Yes I will be planning on that video soon! New video this week that I think you'll like! (Dukes Up! :) )

[@emilysmothers561]

Great information, I’m really glad I found this video before getting started. I have two questions. 1. If you are in violation of copyright law and you are flagged, is it the one video that is not able to be monetized or does that effect your whole channel? 2. Do you have any suggestions for a musician trying to post weekly covers of popular songs to be able to do that quickly and legally?

[@saranaddaf7663]

Following!

[@dangamo4512]

Thank u for the advice I was wanting to do drums covers but I didn't know if I would get my channel taken down thank u for the info

[@TopMusicAttorney]

Sure thing! Thanks for watching!

[@ryannorman7703]

If we're a venue liscenced by BMI and ASCAP and want to live stream a performance that may or may not have cover songs in it (again, legally licensed for performance in-house). Is KZbin not licensed in the same way for us to then stream that performance on our KZbin channel?

[@JoanneJolee]

Great info. I'm looking forward to more about Fair Use.

[@TopMusicAttorney]

Thank you so much! :)

[@TarzanHedgepeth]

Thank you.

[@PeterSedesse]

nice video. One thing you kinda hinted at. The owners of the rights are not going to sue you UNLESS you become successful. Imagine a scenario where you do a cover and it earns you a good bit of money every month for two years.. you use that money to pay bills etc.. Then after two years, ' they ' notice that you made $50,000 from that song... then they are going to sue you, and you already spent the money.. There are companies who are paid to keep tabs on illegal covers, and they only report them to the rights owners once they break thresholds.

[@roselove8533]

After contacting the publisher through bMI or ascap, do we get the mechanical license from them? Then what about the websites u first talk about.. Do we have to get 2 license

[@prophetofthesingularity]

Little bit of trivia, parody songs are legal because of Mad Magazine. They used to print song parody lyrics in their magazine saying things like, Sung to the tune of yesterday. The record companies filed a lawsuit which they lost and this set the precedent for song parody being legal. Weird Al gets permission from artists but he does not have to.

[@TopMusicAttorney]

I appreciate the insight

[@prophetofthesingularity]

I did a paper about it for a business law class I had. Here is an article about it. Kind of interesting that it was actually printed media, not audio, that set the precedent for song parody that still stands today. In 1961, a group of music publishers representing songwriters such as Irving Berlin, Richard Rodgers and Cole Porter filed a $25 million lawsuit against Mad for copyright infringement following "Sing Along With Mad," a collection of parody lyrics which the magazine said could be "sung to the tune of" many popular songs. The publishing group hoped to establish a legal precedent that only a song's composers retained the right to parody that song. The U.S. District Court ruled largely in favor of Mad in 1963, affirming its right to print 23 of the 25 song parodies under dispute. Circuit Court Judge Charles Metzner pointedly observed, "We doubt that even so eminent a composer as plaintiff Irving Berlin should be permitted to claim a property interest in iambic pentameter." However, an exception was found in the cases of two parodies, "Always" (sung to the tune of "Always") and "There's No Business Like No Business" (sung to the tune of "There's No Business Like Show Business"). Relying on the same verbal hooks ("always" and "business"), these were found to be overly similar to the originals. The music publishers appealed the ruling, but the U.S. Court of Appeals not only upheld the pro-Mad decision in regard to the 23 songs, it stripped the publishers of their limited victory regarding the remaining two songs. The publishers again appealed, but the Supreme Court refused to hear it, thus allowing the decision to stand. This precedent-setting case established the rights of parodists and satirists to mimic the meter of popular songs. However, the "Sing Along With Mad" songbook was not the magazine's first venture into musical parody. In 1960, Mad had published "My Fair Ad-Man," a full advertising-based spoof of the hit Broadway musical My Fair Lady. In 1959, "If Gilbert & Sullivan wrote Dick Tracy" was one of the speculative pairings in "If Famous Authors Wrote the Comics". Three decades later, Mad was one of several parties that filed amicus curiae briefs with the Supreme Court in support of 2 Live Crew and its disputed song parody, during the 1993 Campbell v. Acuff-Rose Music, Inc. case.

[@imtonyteach]

Thanks for the info! If we get a mechanical license and then animate our cover song, can we just do custom licenses from "easy music licensing?"

[@LadyAxe13]

I get copyright claims on my own damn music! Aside from that, I am a nobody who just wants to make some sing-along videos and my channel is not monetized, because I just post for fun. Thank you for all the great information!

[@prophetofthesingularity]

I have had that issue on Facebook, they are the worst. They blocked about 5 of my own songs.

[@joewadden2481]

Love the content amazing. I would like to do drum covers. If i go through we are the hits and also put in ads and just play to the original arrangements and have the drums taken out and i put in my own track, do i still have multiple steps to take?

[@shinkongo]

Hi there. What happens if you invest in recording a song and shooting a video already, but then you approach the owner for a sync license and they either say no or want to charge an unaffordable, unreasonable rate? This hasn't happened to me hopefully won't, but I am just thinking in advance. I have some songs recorded with an MV but I cannot afford to be unable to release them. Thanks a lot.

[@TopMusicAttorney]

Hello! Please subscribe so you can join our livestreams and get your questions answered for free live!

[@bernardm3066]

Hi thanks for the video. If one cover song gets claimed or demonetized is the process finished? Is there any chance that the company changes this to a strike sometime (3 years later lets say)? Thanks

[@Sumi_Shiyuan]

My questions: 1. For 2:38 What if it was reversed, and I wanted to put the un-covered audio onto an original visual video? 2. Can you earn money if your cover songs are legally licensed? Or is it shared-revenue?

[@VickenIshkhanian]

I’ve made covers for years and first time I see your channel, great info. My question is if as a producer can someone make backing tracks and sell them to others to make covers? Does a producer need a license or they can stay anonymous?

[@bladeneedle3808]

It help me alot.thank you.keep safe

[@TopMusicAttorney]

Glad to hear it! Thanks so much for watching!

[@theswordofkings7549]

What if I write on the description "I was drunk when I did this"?....JK 😂 Thanks for the great info.👍

[@bhangaepatrickmzabalazozwa3296]

Kindly advise what happens if the Cover copy concerned intended to be freshly recorded an artist is in fact in the public domain . Surely no one holds covrr copy rights over cover copy music thst is in the public domain. How does this realiry affect loading a video on You Tube with freshly recorded cover music that is in the public domain?

[@mgabatang90s47]

I love it.

[@TopMusicAttorney]

Thank you for being here.

[@PaulCapps]

Great advice

[@TopMusicAttorney]

Thank you for watching! :)

[@enPaul]

Hey there really informative video, still have some questions though. 1. If i obtain a mechanical license i can distribute the cover for streaming and money out of it, right? 2. Do i need a Sync license for KZbin if the video contain only a static artwork/ picture.

[@TopMusicAttorney]

1. Yes! 2. What KZbin has done, is make deals with record labels so now for a lot of these songs what happens is that you get a claim on the video (the record label is collecting revenue for monetization) so under copyright law, you are technically supposed to get a sync license if there is a visual with the song. However, YT has created a loop hole so that a lot of the popular songs are under a deal where they can be displayed (like cover songs, etc), and the label collects the revenue from the video. You know that pretty quick. As soon as you upload the video, and it's private, you'll get a notification saying that its subject to that share or not.

[@Pyromancers]

I wonder if the lawsuits could go both ways? Because if a song rights holder sued you for using their song you covered in a video that you had the mechanical license for, they will often times keep the entirety of the ad money from the video you uploaded. They however did not create the video content in its entirety they only created the song it was based around. So if the owner ever decided to sue you it would seem to me you could counter-sue them for profiting from your content as well? So maybe this mutually ensured destruction keeps this from being a thing?

[@Eva_Sing]

Thanks ..I have a question: How I can to get a license ? And where can i get my license?

[@IAmSabah]

Hey thanks for your video! So I’ve gone through distribution to upload my cover audio and paid a cover licensing for the track but I just uploaded my video to KZbin and it’s been out a day now, I’ll go through those two companies you said to ask permission for the video but is it too late since the video is up?

[@TopMusicAttorney]

Great question. I have a ton of videos on distribution if you can go take a look. I believe there is a playlist for it! Lots of knowledge!! We will also be starting our new season of weekly livestreams where you guys can ask questions in the live chat and I answer on air. Be sure to watch for the announcement of when these will take place in 2024 on our Instagram (Top Music Attorney) ! If you'd like to have more of a 1 on 1 question with me, be sure to schedule a consult here: [e-mail] 🙌

[@emiplays7126]

I had been thinking about doing this but what about if I want to do an ENGLISH cover of a Japanese Anime Song like Amalee or Caleb Hyles or Annapantsu does? I don't think the Japanese Anime artists list with ASCAP

[@TopMusicAttorney]

Some of these works are registered here in the U.S., and it's because the listenership for these types of groups are really high here so they want to make sure they are getting paid. So still do that search on ASCAP or BMI, and then worst case scenario, the answer is you go to the foreign P.R.O. (Performance Rights Organization) and so it would be whichever one is for Japanese music.

[@atk808]

Thank you for the information! I went to BMI to get a synchronized license for a song. I found the song and it had 2-4 publishers. I got confused. Am I supposed to contact all the publishers to ask for a license? The process is easy when trying to get a mechanical license but very confusing when needing a synchronized license.

[@TopMusicAttorney]

Great question! I will provide an answer on today's live stream, here in 30 minutes!

[@ryannorman7703]

I just got off the phone with BMI... I know this is late, but BMI doesn't provide Sync licensing. It's been confusing for me as well especially since my questions are all on behalf of a venue that is already licensed with BMI and ASCAP for live performances in-house and I've "been told" by several sources that KZbin and FB have similar licenses with BMI and ASCAP.

[@MrBigo27]

Can your distributor send your cover song to youtube with your own cover art, with just the license you get from east song?

[@linotom1887]

Hi, does a home made instrumental cover/version (without voice) for karaoke on youtube..requires a licence ..or author protection?

[@TopMusicAttorney]

Hi Lino. I don't give out advice over social media, but please feel free to contact my office at [e-mail]. I also go live every Tuesday and Friday night at 7pm PDT where I answer all questions! Thank you for watching

[@nmcreative956]

Thanks. Is this the latest information on the subject? I find it really odd that it's simpler to get a licence to release a cover song on audio streaming platforms than to do it in a video. But hey I guess the law hasn't caught up to the times.

[@andrewthomas8888]

Great Video Krystle!!! I am wondering how can i use a cover songs on videos that i am working on?

[@TopMusicAttorney]

What kind of videos are you doing?

[@andrewthomas8888]

@@TopMusicAttorney I am currently working on movie reviews and we occasionally mention the music. But i am also considering of not using any of the music as a 2nd option.

[@TopMusicAttorney]

@@andrewthomas8888 if you are doing reviews, then you may qualify under Fair Use luckily! You may run into some of the issues with copyright claims and demonetization (which I mentioned in this video), so just keep that in mind. Sometimes the copyright claim will happen automatically, even if your video technically falls within Fair Use protection.

[@nilnixlove]

🤔I was breaking all kinds of copyright laws, glad I didn’t get sued but I have a returning audience😂 These days I play all my instruments and will be making my own videos👍🏾

[@jacquelineoh]

If one uses a song to teach a music instrument, is it considered under fair use and will not need to get license?

[@_faith3107]

So I want to make a cover of a song and animate over it. I would also use their instrumental sound in the background. If the song is an original from another KZbinr is it okay if I just ask them for permission or do I have to go through this entire process?

[@TopMusicAttorney]

That would be considered "sampling". If you're using an original sound from another KZbinr, it would be best to ask for permission! Thanks for watching :)

[@carlos_mann]

I have a question about licensing, if I was wanting to get a license to play copyrighted music do I need a license with ascap, bmi, sound exchange and what ever that other one is called? Or is it just 1 of those companies, I would need to purchase an "Umbrella License" from? This would be in regards to running a commercial radio station that is playing various types of popular commercial / copyrighted music. (Mainly Hip Hop & Top 40). Another question that I can't find an answer to is what if I am playing different versions / Remixes of a particular song, (i.e. a Club Mix, Bootleg Remix / Edit, Short Version) just anything that is not the original, or that is a different version that is exclusive for DJs? Will those types of songs be covered under an "Umbrella License"? (I hope that term is correct & makes sense, from what I've gathered from my research, that is what it is considered to be called). I am coming from a DJing background and I have a HUGE collection of music & music videos (well over 15 tb) and I am trying to launch my own station.

[@TopMusicAttorney]

An umbrella license is typically needed through ASCAP or BMI, and sometimes both, depending on the music you want to play. You should call one of those companies and they should be able to walk you through the process! Hope this helps!

[@carlos_mann]

@@TopMusicAttorney Alright, cool thank you so much!

[@summer8551]

Hello, I have just watched this. Very interesting. I am in Australia and need to register over here for my original song, however the next song I have is a cover.... I think, the music and melody is completely different, the Lyrics are mostly origianl with mine added. This would still be classed as a cover right? I will go through the legal way of getting this song out, just was wondering if it would be needed. Thank you in advance

[@TopMusicAttorney]

That might not be a cover, no. But there are ways to still get a non-cover cleared. If you'd like a consult with me, email to set up! [e-mail] :)

[@mem5567]

I have a question a want to do a karaoke channel, i wanna do lots of songs what license do i need not just one song in english and Spanish covers? Plz help im so new at this

[@MrBigo27]

Where do you get the instrumental music for the cover song?

[@justinbonfinimusic]

Great video! I find the more I make the song less like the original, the less YT recognizes it as someone else’s song. Example: When I plan a cover song, my intentions are to write and original song (instrumentally), but use the lyrics from the artist and thus, making it my own version. However, to be safe, I don’t monetize (turning monetization off) the video EVEN IF YT allows me to monetize it; I don’t want to run into any problems down the line. Additionally, all my covers are uploaded via Soundrop and I am required to list the song writers involved and that’s when the revenue has splits between myself and the original artist. In short, I tend not to take the risk on turning monetization on for my cover videos, so I can avoid unnecessary confrontations down the road. Make sense?

[@TopMusicAttorney]

It does! Very cool.

[@cherryannbuendicho5262]

I'm planning to open YT CHANNEL and my content will be Songcovers....but upon hearing about copyright issues I felt bad and don't know what to do... I don't know what I need to do to pursue my dream to make YT Channel...but I'm afraid of the copyright claim, copyright strike,etc.. Pls help me 😞

[@harshvardhansingh3528]

What if i change the tone of song and a bit of the lyrics do i still get demonized

[@katribumotovlog]

Support new friend here atty . Watching from Philippines

[@ENRAIDmusic]

What if I create a cover song from scratch (without the use of vocals, lyrics, and sampling) using just instruments, does that still fall under the copyright owned by the label because of the song's composition? I'd like to hear your thoughts regarding that scenario.

[@TopMusicAttorney]

It's not a cover song if you don't capture the essence of the song which includes the vocals and lyrics and melodies. So if you're just going to recreate the instrumental, then it's not sampling, and it's not a cover song, so you would nonetheless need to get a license from the composer to be able to do that.

[@ENRAIDmusic]

@@TopMusicAttorney What if the vocals, lyrics, and melodies are interpreted into the instrumental, such as a piano, which results into a unique arrangement of your own. Will it still be under a claim by the label for copyright?

[@l00nnie]

Great channel and thanks for sharing. Question, what If I do a cover song with a homemade video but it's only for 30seconds to a minute? Do I still need to obtain the Mechanical License?

[@TopMusicAttorney]

A cover song is generally defined as the full song. If you only do a small portion, you could always get a mechanical license, but it's a bit in the grey area. The point being, you want to make sure that you take some steps to ensure you have some kind of legal protection whenever possible. Hope this helps, thanks for watching!

[@l00nnie]

@@TopMusicAttorney That makes sense and thank you so much for your advise. Love ur channel btw!

[@theoneandonly1085]

Wait I don't understand so if I sing something, just plain singing and that's it of a song and then put it on youtube I can get demonitized?

[@jameskinney4626]

I posted a video on KZbin several years back. I was performing at a local fair. The sound guy saw me performing and added a couple of background songs during my performance. One of the songs was Mighty Mouse and because of that KZbin took it down. I have not been able to find the video since. Do you know how I can retrieve it? This is the reason I have not posted anymore songs on youtube since.

[@TopMusicAttorney]

So, for this you would just need to contact KZbin regarding if you can get the video back. I do not believe that they have any process to do that, but best to check KZbin.

[@goldwolf0606]

So basically, go pay for and get a mechanical license and then do the same with a BMI... then you can legally sing a song that someone else wrote... what has this world come to... If I was to run for president and wanted to use heal the world or man in the mirror as my theme song, will i have to do the same thing?

[@PaSTOR-D]

Performance Tracks I use many gospel music tracks during Church services. Can the soundtracks also be used on KZbin to sing along with? On KZbin, I notice an extreme number of people singing popular songs with a soundtrack playing in the background. There seems to be no evidence that they had purchased a special license to use the cover soundtrack on KZbin. What are the rules for singing along with a soundtrack posted on KZbin? On a No monetized KZbin Channel & no advertisement. Just motivational use. Thanks! PaSTOR D

[@TopMusicAttorney]

That is a great question! Please bring this question to either, my email ([e-mail]) or to the live chat on our weekly livestream (every Friday at 7pm MST/6pm PST) and I'll answer on air 💪😎

[@craftycub]

Its a bit frustrating. I have nothing for followers on youtube or any of that. I just want to share what I am playing at home with friends of mine. Even face book will delete some of the songs I do saying someone else owns it. My channel is not monetized and I dont care if it ever is. I am not that good to make money doing covers. I just want to share what I am learning with friends.

[@Alepsy]

do you still need a mechanical license if you are gonna remake a song completely for example Fisherman & Hawkins - Apache (Alepsy Remake) even if its not gonna make any money and not get more then 100 views.

[@TopMusicAttorney]

Mechanical licenses are always required of any cover songs regardless of whether you are making money on it or not.

[@carlosflo7001]

Can i use a song to redo the the music video and use it as a demo reel to showcase my talent as a filmmaker or music video producer?

[@TopMusicAttorney]

Be sure to watch the more recent cover song video I did! There have been some updates and rule changes that actually make this a lot easier for everyone! I hope this helps 🙏 If you still need help, I go live on this channel every Thursday at 5:00 p.m. PST and would be happy to answer any questions you have then

[@Zalva10]

Licensees are useless when it comes to distributing to Facebook and Instagram. Also to get monetized. You have to have exclusive rights. I'm having that problem with TuneCore. How do you get exclusive rights?? Thanks

[@TopMusicAttorney]

Great point, and great question! Can you actually come into the livechat of my livestream this Friday at 7pm PST and ask this? Then I can go over it with you and we'll teach everyone about it! I appreciate it!! If not, you're more than welcome to email: [e-mail]

[@florasd6239]

Ok I have a question: what if I use the music from the KZbinrs who make cover versions of pop songs and use their music (of course with their consent) in my KZbin video?🥺

[@TopMusicAttorney]

I've had a client do this before. We actually had to go get permission from the original songwriter (since its their song), and then also get permission from the KZbinr who created the new version. The whole process took a bit longer, but we were able to get everything cleared. Hope this helps!

[@florasd6239]

@@TopMusicAttorney oh that means if the KZbinr covered a popular pop song let’s say Shawn Mendes, it’s already game over right?

[@Prancer-jr6qr]

Hello there, do I need a license if I’m just singing acappella?

[@TopMusicAttorney]

You need to have an agreement no matter what. There needs to be a license for that use.

[@SurferWilly]

Is it legal to blog about covered song videos?

[@Cloud-wu7vl]

Are my videos currently within this category? I’ve been producing the covers from scratch, no actual words being used.

[@TopMusicAttorney]

As long as the integrity of the original song is still in the remake, then a mechanical license would likely cover the new version. For example, jazz covers might not have the actual words, but have the full melody still. Alternatively, if it was an original instrumental, but a different top line with new words was used, it would not be a cover song anymore.

[@Cloud-wu7vl]

@@TopMusicAttorney That was perfect, thank you!

[@nickgoldenberg3908]

I posted a instrumental of multiple songs mashup, what to do in that case.

[@TopMusicAttorney]

Mashups get tricky, because each song needs to be separately cleared and/or licensed. A good practice is to do individual songs, and then go through the steps to get each song cleared legally

[@mattymassacre4398]

i think this is the right thing to do. being monetized for someone else's work is not cool

[@TopMusicAttorney]

Its fair that all musicians get paid for their work, for sure!

[@jameskinney4626]

I am interested in recording some Christmas songs and starting a youtube channel. How can I start this process after I record them? Would I need a Mechanical License?

[@TopMusicAttorney]

Some Christmas songs are in the public domain, but a lot of them are not. So you just have to go song by song and see who owns it by searching on BMI and ASCAP and then if someone released it after 1950, you have to get a Mechanical License.

[@jameskinney4626]

@@TopMusicAttorney I have been singing bass/Barton in a local Opera group for the past 17 years. I am now retired from the military and a career in Sheetmetal. I would like to get some music out there in a bass voice. Thank you again for the information and for what you do.

[@rayrizzol]

Can I use distro kid to blow my cover song and pay whatever it is that they charge for it

[@TyphanyGarcia]

So what if , you are playing the song , and you’re just dancing or lip syncing to it , in a video on YT , IG , or tiktok? And can’t you play a certain amount of seconds to avoid copyright issues?

[@TopMusicAttorney]

Great question! Even 1 second is technically a violation of copyright law, unless you were permitted to use the song via a license otherwise. For instance, there are existing licenses for platforms like Tik Tok, that permit users to use music in their videos, but independently using someone else's song in your KZbin video (for example), may technically be a violation of copyright law if you haven't received the right to do so otherwise.

[@LuckyGemzzz]

Where can I get a sync license

[@carmencatalina9086]

I just wanna do cover song with audio only? I dont wanna create a music video. which one would i get ?

[@TopMusicAttorney]

I'd love to chat with you, please email my office to set it up? [e-mail]

[@YMStudio80]

Do I need a Mechanical License or any music specific license if I successfully gain personal permission from the writers/producers/label to cover a song?

[@TopMusicAttorney]

Great question! Please send this to: [e-mail] so I can answer properly :)

[@Crime_pays]

After obtaining all the licenses do I get to keep all ad revenue from the cover videos?

[@ChinaJoCarole]

No

[@ailea.music.youtube]

What about the instrumental backing of a cover song? I would like to do cover songs, but I don't play any instruments so I can't re-create the instrumental tracks for a cover song. How can I legally create a cover by using audio of the song I'd like to cover and post on KZbin, Instagram, etc?

[@TopMusicAttorney]

Great question! Please bring it to my weekly livestreams right here on this channel every Thursday at 5pm MST so I can answer live 😁 Be sure to ask in the "live chat"

[@infinityangel22]

I’m about to give up. I have 2 copy strike. The second one I have going through We Are The Hits but got a copy strike anyway by UMG It was Heaven by Bryan Adam’s both times. So I don’t know how to be safe?

[@TopMusicAttorney]

Hello! Please reach out to our law firm at [e-mail].

[@infinityangel22]

@@TopMusicAttorneythank you for answering but I have signed up at DistroKid now so I can sing cover song with license

[@duraellie]

This is harder than I thought 😂😂

[@PM-fb4hl]

Can those people really find and charge everyone? I feel like so many people do it, how can you get them all

[@TopMusicAttorney]

They hire companies who do this kind of thing all day long! There are also built-in systems that will help to identify these videos automatically, so yes!

[@PM-fb4hl]

@@TopMusicAttorney wow. that's really incredible. thanks for this

[@mikesakas]

Slightly different scenario. I'm gonna make traveling the world vids. I also play guitar, If I play a few measure of a song on MY GUITAR and loop that as some back ground music? what gives? How much can I use before I get demonitized. There are three groups/musicians I personally know that I believe I could get blanket permission from to use there music in this scenario. Either using thier version, or me playing a bit of it. How would I "Prove it" to KZbin? Every time I post a vid?

[@TopMusicAttorney]

Hi! I will be answering your question on my livestream TODAY around 4:30pm PST! See you there!