NEW UPDATES! | Post Cover Songs LEGALLY on YouTube 2025 (Step by Step Guide)

Summary

In this informative video, Top Music Attorney provides a comprehensive guide on legally posting cover songs on YouTube in 2025. The creator, an experienced music lawyer, breaks down the distinctions between cover songs, sampling, and interpolation, and explains how cover songs can be a powerful marketing tool for independent artists. The video covers the necessary legal steps to ensure that your cover songs comply with US copyright law, including the compulsory mechanical license for audio and the considerations for video licensing. Additionally, the creator debunks common myths and offers practical tips for navigating copyright law as it pertains to cover songs.

Highlights

• Learn how cover songs differ from sampling and interpolation 🔍.
• Discover the marketing benefits of using cover songs between original releases 💡.
• Understand the importance of the compulsory mechanical license for covers 🎼.
• Find out how video licensing for covers is managed differently from audio 📷.
• Debunk myths about cover songs and copyright compliance 🚫.

Key Takeaways

• Cover songs are powerful tools for marketing and bridging the gap between original releases 📣.
• Distinguishing between cover songs, sampling, and interpolation is crucial for legal compliance ⚖️.
• A compulsory mechanical license is required for selling covers, but not for streaming 🎵.
• Video sync licenses are complex, but many platforms have deals with rights holders 📹.
• Sticking to the original lyrics and arrangement is vital for a song to qualify as a cover 🔊.

Overview

In this video, the Top Music Attorney demystifies the process of legally posting cover songs on platforms like YouTube in 2025. As both a lawyer and an independent artist, the creator shares insights on the distinctions between cover songs, sampling, and interpolation, stressing the importance of understanding these differences for legal reasons.

The creator explains that cover songs serve as a strategic marketing tool for artists, aiding in engagement and reach. By using compulsory mechanical licenses, artists can legally distribute their covers on streaming platforms without directly negotiating with rights holders, although caveats exist for physical sales.

Additionally, the video delves into the complexities of video licensing, highlighting how direct deals between platforms and labels facilitate monetization without copyright strikes. Myths surrounding cover songs and copyright compliance are addressed, providing a clear and practical guide for artists navigating these waters.

Chapters

• 00:00 - 00:30: Introduction to Cover Songs Legality The chapter titled 'Introduction to Cover Songs Legality' focuses on the legal aspects of creating and posting cover songs, particularly on platforms like YouTube. It addresses common myths and confusions surrounding the topic, distinguishing between cover songs, sampling, and interpolation. The chapter is narrated by an experienced lawyer and musician, providing insights into the proper way to legally handle cover songs in 2025.
• 00:30 - 01:00: Importance of Cover Songs and Marketing The chapter explores the significance of cover songs as powerful marketing tools for music creators. It emphasizes the integration of cover songs into one's musical repertoire and provides guidance on legally performing and posting cover songs on platforms like YouTube. For additional assistance, resources are available at topmusicattorney.com.
• 01:00 - 01:30: Resources for Legal Music Creation The chapter 'Resources for Legal Music Creation' discusses free resources available for those in the music business. It highlights the benefits of doing cover songs for marketing purposes. As original artists, there are multiple layers of selling involved, such as convincing people to like the song, the genre, the singer's voice, and the production quality. The chapter also offers guidance for hiring a legal attorney for music-related matters.
• 01:30 - 03:00: Explanation of Cover Songs vs. Sampling and Interpolation The chapter discusses the concept of cover songs and their role in marketing for artists. Cover songs are described as a tool for bridging gaps, particularly in the music industry, to maintain audience engagement between the release of original songs. They are beneficial for both the artist's visibility and algorithms that promote music, serving as 'gap fillers' for independent artists to keep their audience engaged while they work on new material. The author highlights the importance of covers in keeping the audience engaged and describes them as a strategic choice in the music-making process.
• 03:00 - 04:00: Cover Songs Rights and Licensing This chapter discusses the rights and licensing involved in performing cover songs. It explores the benefits of performing covers, such as reaching new audiences and the opportunity for artists to showcase their voice and production skills through popular songs. The chapter is divided into two segments: one focusing on audio versions of cover songs and the other on video versions. It begins with addressing common questions about the legality and permissibility of performing cover songs.
• 04:00 - 05:00: The Legal Framework for Cover Songs The chapter clarifies misconceptions about the legality of cover songs. It emphasizes that cover songs are not illegal, contrary to common belief. The chapter begins by differentiating cover songs from sampling. While sampling involves using an actual segment from another artist's pre-recorded song, like a piece of a Metallica song, a cover song does not constitute this action.
• 05:00 - 08:00: Compulsory Mechanical License and Music Modernization Act The chapter discusses the concepts of sampling and interpolation in music. Sampling involves taking a piece of a vocal or another element from an existing song and incorporating it into a new one. Another approach discussed is interpolation, which is when an artist wants to recreate a previous hit without directly using the original recording. This often involves redoing the song with new lyrics or a different arrangement while maintaining its essence. Major labels frequently adopt these practices to revitalize popular songs.
• 08:00 - 10:00: Video Aspect and Sync Licensing The chapter discusses different ways of reusing music to create new content, such as sampling, interpolation, and cover songs. Sampling and interpolation require direct licenses from rights holders, while covers do not, making cover songs an attractive option for bands.
• 10:00 - 12:00: Registration and Copyright of Cover Songs The chapter explains how musicians and artists can legally produce cover songs, emphasizing the correct procedure for doing so.
• 12:00 - 16:00: Myths and Common Questions About Cover Songs The chapter explores myths and common questions surrounding cover songs, particularly those involving rearrangements and reinterpretations. The author discusses their own experiences with creating dark pop covers of Disney songs, emphasizing the importance of using the same lyrics and arrangements to maintain the integrity of the cover piece. A common question addressed is whether rearranging the order of song parts, like placing the chorus before versus, is permissible.
• 16:00 - 17:00: Recap and Closing Remarks The chapter explains the nuances of creating music covers versus original arrangements. It discusses how altering the arrangement or changing specific parts of a song, like the chorus, can transform a piece from a cover into an original work. An example is given where the original words of a chorus are substituted with a rap, making it a new creation rather than a cover. The chapter emphasizes understanding these distinctions for accurate music analysis.

NEW UPDATES! | Post Cover Songs LEGALLY on YouTube 2025 (Step by Step Guide) Transcription

• 00:00 - 00:30 how to do cover songs legally and this includes posting those cover songs on YouTube the myths and what people get confused on cuz I've just done this for so long you got to do it the right way and the way that I'm going to walk you through how to do cover songs legally in 2025 this is so important because sometimes cover songs get confused with sampling with interpolation and I've done this for a long time I'm a lawyer of 10 years now but I've been doing music and making music myself since my
• 00:30 - 01:00 teens I started learning classical music when I was four I love all of this and what I can tell you is that cover songs are very powerful marketing tools it is something to incorporate with what you do as a music Creator so with that being said today I'm going to walk you through how to do cover songs legally and this includes posting those cover songs on YouTube now if you do need more help by the end of this video you can go over to topmusic attorney.com I have resources
• 01:00 - 01:30 free resources I have a music business program you can go through and if you want to be directed to hire an actual attorney I got you there as well we do know that doing cover songs it's really powerful for marketing because here's the thing as original artists of original songs we have to sell people on so many things it's not just that hopefully they like the song which is a whole separate creative piece it's they have to like the song and then they have to like the genre of music and then the fan needs to fall in love with the singer's voice and they need to fall in love with the production the mixing and
• 01:30 - 02:00 the mastering and so there's so many places that you can lose people and so one way to kind of bridge the gap for purposes of marketing to do a cover song so cover songs awesome really great for the general algorithm and the way I like to treat them is I use them as the Gap fillers between the original songs that I do I am also an independent artist and so between the releases of my original songs I'm going to do covers because it's a way to get a lot of Engagement from people who are in love with B BS
• 02:00 - 02:30 right other bands other artists and then now you're playing someone's favorite song and it just gives a new potential fan the opportunity to hear your voice hear your production hear your good stuff for the first time so what I'm going to talk about through this segment is I'm going to talk about the cover song as it relates to the audio version and then I'm going to talk about the cover song as it relates to the video all right so let's start with just the audio version itself first and foremost you may say well is it okay to do cover song and I've actually had someone ask
• 02:30 - 03:00 this before and they go I've heard that it's illegal to do cover songs that's not the case okay but let's clarify why someone might think that and we'll start from what essentially a cover song is not so a cover song is not sampling when we think of sampling we think of taking something from someone else's pre-recorded song okay so this is going to be we're listening to a Metallica song and we use a portion of a guitar we use a portion of a drum we use a portion
• 03:00 - 03:30 of a vocal and we put it in our new song that is sampling there's also another category called interpolation and interpolation comes up where you have someone who doesn't want to use any actual piece from the song so it wouldn't be sampling but they go I want to redo this song this song was such a huge hit in the 80s and now I want to redo it and I'm going to revamp it and give it some new better words but otherwise I'm really just redoing the song you see major labels doing this all the time because it's a little bit of a
• 03:30 - 04:00 shortcut and we know it's a shortcut because it's a way to use something that was already a big hit and you just kind of repackage it together for one of the new artists and then it becomes another hit so we have sampling we have interpolation and now we have cover songs with sampling with interpolating you get licenses directly from the rights holders now with cover songs the reason why we love it is that doing cover songs you don't need to go and get a direct license from the rights holders and so right now you're like okay this is good and of course if you're a band
• 04:00 - 04:30 if you are musician an artist you can do cover songs legally but you got to do it the right way and the way that I'm going to walk you through all right so what is a cover song I guess maybe let's put this way we'll have a little list of myths that I commonly have to answer when I'm giving you guys just consultations on how to do this but one of them will be well what if I make my own version of a song which generally okay we're thinking that this is a cover because if you go with me I do dark
• 04:30 - 05:00 popop music and so what I love to do is to take like a very happy sounding Disney song and I've done covers that are dark pop covers and so I am now in reenvisioning them and that's okay I can do brand new production okay but we want to make sure we're using the same words very important and the same Arrangement so a common question I might get would be well I took the Disney song and I rearranged it and so I put it in a different order I put the chorus first and then I put the ver and the second
• 05:00 - 05:30 verse together for some reason and then I did a double course and so now it's the same Parts but it's put into a different Arrangement it is no longer a cover if you do that and this is important because part of the analysis can be sometimes you guys will come to me and you'll say well I've done a cover but what I did is I kept everything the same I did my own rendition but I changed all the words for the chorus so instead of this melodic singy thing I did a WAP with my own rap on it that's no longer a cover so the the framework
• 05:30 - 06:00 we're thinking through this is It's a cover song so long as you're keeping the same Arrangement and you're keeping the same lyrics very important okay if you are someone that is needing help in the music business at the end of this video you can check out topmusic attorney.com I have courses I have free stuff just to kind of get you started if you do want a deep dive if you do want to train with me I always say go through my music business program which is how to think like a record label become a record label and then if you do want to get into touch with me or one of my lawyers we got your covered but you can do your
• 06:00 - 06:30 whole own production around it so this is where you get to have a lot of creativity now the reason we're allowed to do all this is because pursuing to 17 USC 115 so 115 of the Copyright Act you have the ability to get what's called a compulsory mechanical license now I'm going to simplify this for you hang tight with me for two seconds okay so pursuing to the Copyright Act originally it had said well if you go get this compulsory license which you can get from Harry Fox agency you can get it from easy song licensing super cheap it
• 06:30 - 07:00 means you don't have to go to Metallica and negotiate anything you get it automatically okay and then these companies are in charge of paying out the rights holders I'm like oh my gosh okay great so that's how it used to be but there was an update because a lot of people didn't know about this and a lot of artists were not actually getting this license and so pursuing to the music modernization act this was in 2018 there's a little update mate and they go you know what we're going to make the digital service providers so the dsps we're going to make them go and get these mechanical licenses so now it says
• 07:00 - 07:30 in the copyright act that the dsps are the ones that get it so what does this mean for you this means because we're again we're talking just about the audio version only so this means when you want to do a cover song one you're okay to do a cover song two you can make it your own rendition your own production all good things but keep in mind what I said make sure you use the same lyrics make sure you keep the same Arrangements but then when you put it on music platforms you have to go get some special license the answer is no this is pursuing to US
• 07:30 - 08:00 law I want to clarify that because I know I have followers in different countries what I'm speaking to is US law so with that being said we go well Spotify has to go and get this license so all you need to do is just distribute your song Put it on music platforms and the license covers streaming take a b listen closely if you are doing something to sell your music that is not streaming such as we talk about direct to Fan selling on your website so digital downloads we talk about CDs we
• 08:00 - 08:30 talk about selling finals if you're doing something that is not just streaming the music on platforms like Spotify platforms like Amazon if you actually are going to download it you do need to get a mechanical license still so there is a caveat okay but for the majority of you watching right now you're just going to put your song on streaming platforms and so you're good to go the music platforms are in charge of getting these licenses they take a little share of the royalties they pay it to the rights holders through the mechanical licensing Collective you're good all right you're doing great hang
• 08:30 - 09:00 tight with me because we're not to the video piece yet the video piece is just as important as the audio for the monetization and later really it's sync licensing so we talk about all the time ways that you guys can make money from your music and this includes cover songs too but what happens is that you know copyright and all these updates that happened were so that you could do your cover songs and then put your cover songs on music platforms but no one made updates in regards to using your songs in video so obviously if you do a cover
• 09:00 - 09:30 song whole big group of us like to do a music video right we want to do clips for social media I mean it's like part and parcel with releasing your song is that you're going to promote it if you're going to promote it there's going to be some kind of visual to it right so the wrinkle here is that everything I just told you on your good to go with making your cover song putting it on streaming platforms dsps pay and do all the things with the mechanical licensing Collective great well what about video and the way that it is technically under
• 09:30 - 10:00 the law is that you're supposed to go and get a sync license because we are syncing the audio to video does that make sense in any kind of way that you need to now go and like figure out who to contact you know to do your Metallica cover well no and so again we had all these companies that were like all right this doesn't make sense we got to figure something out because everyone's just doing their cover songs and they're just putting it on YouTube so what record labels in particular did the rights holders they're the ones that ended up going and doing direct deals with
• 10:00 - 10:30 YouTube right with Facebook Instagram right AKA meta Tik Tok so they've gone and done direct licensing deals and they go what we're going to do is that when the songs pop up on your platform we are going to lay claim to the cover song so we get paid the monetization so we're not going to do strikes anymore which is what they used to do was you know scary to get a to get a strike for sure what's happening with the video aspect doesn't technically comply with copyright law but practically speaking the work around
• 10:30 - 11:00 is that most of the time you're okay just to put your video on these platforms because there are deals in place directly between the labels and the platforms and we're like okay you know that's good right so at least you know people are not getting sued for copyright infringement they're not getting strikes on their videos so there is a workaround this is the general good news so these are the practical considerations so we go all right we started with audio we feel comfortable that we know we can do our own versions
• 11:00 - 11:30 we do in fact own our own versions because one of the common questions that come up is in regards to cover songs can I register my song for copyright protection and the answer is yes the way that it works is that you just have to make sure to disclaim when you file and you got to tell the copyright office don't beat up your microphone you tell the copyright office I did this cover of the Metallica song and I don't own the underlying composition and then you put the names of who actually does so the good news is that you can register I've done music sales in the millions of dollars selling
• 11:30 - 12:00 cover songs and so everything that I'm talking about of just the due diligence of getting the licenses for the the video pieces or otherwise not doing it because there are these workarounds this is what is practically happening now on the last video I did on on this someone comically left a comment just being like look at the dumpster fire of copyright law and what's happening with music I think that's fair to a degree but the good news is that this is practically how it works now what I want to kind of
• 12:00 - 12:30 wrap this with is specifically the myths and what people get confused on because I've just done this for so long and I and I wrote out my notes here because this just comes up so often one myth will be well if it's okay to do a cover song and it's okay to do it so long as I do the same Arrangement as the original if I put two together right on one song so it's a compilation so I have one separate cover song I have another separate cover song and I put it as one long song is it okay I go and get one of
• 12:30 - 13:00 these mechanical licenses that you're talking about and the answer is no and why would that be right the answer is because well technically the arrangement is not the actual arrangement of the song Anymore the arrangement is the entire song and then you have a whole other song at the end so a compilation of two nope you're gonna have some trouble with that another question in in myth really is so long as I use just the same Parts in the song I can rearrange it you know and kind of put my little creative spin on it no you cannot you
• 13:00 - 13:30 have to keep the same Arrangement one of my clients got into such a situation on this because the arrangement had been like 5 minutes previously and to try to just make it a little more digestible they adapted it to a different genre of music it was pretty cool but they cut it down pretty significantly and so part of our analysis is going in like as copyright attorneys and just being like look have you changed and modified the song so it really is no longer a cover yes or no all right so that's another myth you generally want to keep the same Arrangement keep the same lyrics Another myth is what if I give credit if we give
• 13:30 - 14:00 credit I don't own this and you put a little disclaimer in the description I'm okay it's not copyright infringement the answer is putting a little disclaimer that you are intentionally doing something you know that you may not have the rights but you're not claiming ownership do you see where I'm going with this so the logic behind that is no I don't think it's going to make any difference if you say this is who I got it from but at least what I'm telling you is that the state of copyright law is you do want to get this Sy license
• 14:00 - 14:30 the majority of people don't or can't because it's too expensive and so there's kind of this group think of you'll just go on YouTube and be like hey is there like a bunch of Metallica covers of this song have they been taken down or is it likely that the rights holder is collecting and monetizing because they have an actual relationship with YouTube right all right and lastly another myth is if I only change one section of the lyrics is that okay I used this example one time because I love the song Blue by I 65 just one of
• 14:30 - 15:00 the best songs and it was actually interpolated funny enough in recent years and so they took the same song they did a new rendition they put new lyrics to it and I've done a cover of that song previously and where normally they say I have a girlfriend they have a girlfriend and she is so blue when I did mine I said I have a boyfriend and he is so blue and so we could analyze that and say well if we like materially changed the song and so it's no longer a cover song I go well that's pretty di Minimus it's so small we're probably okay so
• 15:00 - 15:30 sometimes we do have to get granular sometimes we do need to kind of analyze it and just to see but what I want you to know is here's the good news recap it's okay to do cover songs and not only is it okay to do cover songs but copyright law has actually been updated to cover you so that when you do your cover song and you put it on the music streaming platforms you actually don't have to get any kind of license when people say well what about Dr kid if you distribute through Dro kid they will say hey if you're doing a cover song we can help you get the mechanical license
• 15:30 - 16:00 that's nice you don't have to do that really important piece there you don't have to do that but caveat if you are selling your music directly through digital downloads you're doing CDs you're doing vinyls that's different and then you do want to get the mechanical license okay if you do need to get a mechanical license personally I use easy song licensing you can use Harry Fox agency either one is fine so that is the audio version when it comes to the video version generally speaking when people do their cover songs and they put them as videos and they put them on YouTube
• 16:00 - 16:30 there are these licenses that have been negotiated directly and you'll likely get a claim on your video saying Hey Universal is collecting 100% of your monetization which is a whole other thing so if you found this valuable please be sure give it a big thumbs up and I will see you on the next one