Re-Imagined Cover Songs
Posted: Thu Mar 14, 2019 7:45 am
Hi Everybody!
I've had this question for a while now, and this listing, TAXI #Y190403CS, is a good excuse to ask it!
How close does a cover song actually have to be--in practice-- to the original work before you need permission from the copyright holders to make a derivative work?
Keeping in mind that I am not a lawyer, and most likely neither is anyone reading this. I don't think a lawyer is going to be able to address this question, except to point out current lawsuits. That would be, like, what I'm trying to avoid!
My question really comes down to a point of practice, what kind of changes will typically get someone sued?
For example, I want to make a cover of Lifestream by Ricky Nelson. The Sony Corporation, however, is not getting back to me in a timely fashion. Now, for the changes I *want* to make--a trip-hop version--personally, if I owned the copyright, I'd want to sign off on them before someone distributed a radically new arrangement. So if we use the "do undo others as you would have them do unto you" standard, I should hold off on making that cover.
However, if I make smaller changes: the instruments; switch from male to female vocals; change keys; a slight (10 bpm) change in tempo; are these changes enough to require getting permission from the copyright holder for making a derivative work?
Seriously, I'm having a hard time getting into contact with original copyright holders! For some odd reason, they don't sit around all day waiting for me to ask permission to make a derivative work!
There is a company out there that claims that for $100 they can clear all rights to any song. Personally, I don't see how they could, so I'm suspicious.
Those of you who have had other musicians cover your work--and I know you're out there somewhere--can let me know where bands usually draw the line before they get mad and sue someone.
Now, Ricky Nelson is dead, but I'd also like to cover living artists, like U2. It may actually be easier to get in contact with Ricky Nelson's estate than to find anyone who can sign-off on an "updated" U2 cover on one of their lesser known songs: Tryin' to Throw Your Arms Around the World.
You get the idea!
Thanks for your help!
Best,
Wendy Landers
I've had this question for a while now, and this listing, TAXI #Y190403CS, is a good excuse to ask it!
How close does a cover song actually have to be--in practice-- to the original work before you need permission from the copyright holders to make a derivative work?
Keeping in mind that I am not a lawyer, and most likely neither is anyone reading this. I don't think a lawyer is going to be able to address this question, except to point out current lawsuits. That would be, like, what I'm trying to avoid!
My question really comes down to a point of practice, what kind of changes will typically get someone sued?
For example, I want to make a cover of Lifestream by Ricky Nelson. The Sony Corporation, however, is not getting back to me in a timely fashion. Now, for the changes I *want* to make--a trip-hop version--personally, if I owned the copyright, I'd want to sign off on them before someone distributed a radically new arrangement. So if we use the "do undo others as you would have them do unto you" standard, I should hold off on making that cover.
However, if I make smaller changes: the instruments; switch from male to female vocals; change keys; a slight (10 bpm) change in tempo; are these changes enough to require getting permission from the copyright holder for making a derivative work?
Seriously, I'm having a hard time getting into contact with original copyright holders! For some odd reason, they don't sit around all day waiting for me to ask permission to make a derivative work!
There is a company out there that claims that for $100 they can clear all rights to any song. Personally, I don't see how they could, so I'm suspicious.
Those of you who have had other musicians cover your work--and I know you're out there somewhere--can let me know where bands usually draw the line before they get mad and sue someone.
Now, Ricky Nelson is dead, but I'd also like to cover living artists, like U2. It may actually be easier to get in contact with Ricky Nelson's estate than to find anyone who can sign-off on an "updated" U2 cover on one of their lesser known songs: Tryin' to Throw Your Arms Around the World.
You get the idea!
Thanks for your help!
Best,
Wendy Landers