QUESTION

Can you copyright your own version of a cover song?

Asked on Jul 18th, 2013 on Entertainment Law - Nebraska
More details to this question:
I have applied for a mechanical license to do a cover song and it's currently pending. I would like to know if I should copyright my version of a cover song that will include my own original instrumental that I have created and mixed with an acapella. I would like to release my cover song to stores and would like to prevent television networks or any other company from stealing my own version of a cover song.
Report Abuse

4 ANSWERS

Susan Marie Basko
It sounds like you may be making a derivative work. That is a work that is closely based on the original, but changes it. The right to make a derivative work lies with the copyright holder. For songs, in most cases, that is the songwriter or publisher. To make a derivative work, you need to get permission from the copyright holder. A song becomes a derivative work if you change the lyrics of significantly change the music. You might be able to copyright your version of the song with yourself named as the arranger. Also, once you record the song, you can of course register copyright on your sound recording.
Answered on Jul 25th, 2013 at 2:40 AM

Report Abuse
No, you cannot hold the copyright in a cover song because it is a derivative work of the original song writer's copyright. You can however seek to license the song if you wish to release your own version for profit, but it will require the copyright holder's consent and likely a fee paid.
Answered on Jul 25th, 2013 at 2:40 AM

Report Abuse
Theodore M. Roe
First, your version as a cover is called a derivative work. There are two major kinds of copyright. There's a composition copyright in the performance copyright. While you may have the ability to copyright your individual performance of a cover song you would still need to obtain the appropriate licensing from the copyright holder of the original composition. However, because your cover is based on the original work of someone else, you would not be able to copyright your composition.
Answered on Jul 25th, 2013 at 2:40 AM

Report Abuse
Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
Update Your Profile
Music has two types of copyright: one on the composition and one on the performance. So as long as you've got a license (or some other form of permission) on the composition, you can copyright your own performance.
Answered on Jul 25th, 2013 at 2:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters