Distributing Cover Songs and Remixes through Apollo
Distributing Cover Songs
What is a cover song?
Common usage of the term “cover song” refers to a new recording of an existing song by a musician who is not the original composer or recording artist. A cover song must be a “faithful rendition” (no change in melody, arrangement or lyrics — including translating them), and the original song must be distributed or offered to the public by the original artist or their record label before the cover version is recorded.
A cover song must not include any part of the original master recording, regardless of the duration. That would make the song a remix or a mashup that requires another license called a "master license".
Whenever an artist records and releases a cover song, they need to obtain a mechanical license that will secure the payment of the mechanical royalty to the original songwriter(s) — or direct permission from rights holders for recordings from India or Pakistan.
Cover Song:
- A cover song is a new performance or recording of a previously recorded song by someone other than the original artist.
- The track’s composition is reused, meaning the melody, lyrics, and structure remain largely the same, but the performance is new.
- A cover requires a mechanical license, as it involves the use of the original composition. In most cases, this licensing responsibility is handled by the DSPs — there are only a few exceptions: more information here.
- If a cover song substantially modifies the lyrics (translates them into another language or significantly edits them) this will typically require obtaining an additional license from the lyricist or their representative. Websites such as lyricfind.com can assist.
What is a mechanical license?
The term “mechanical” refers to when songs are mechanically reproduced in physical formats like vinyl and CDs, and in digital formats such as interactive streaming and downloads. Mechanical royalties come from the composition copyright.
Requirements for distributing a cover song through Apollo:
All of the following conditions must be met:
- The original song was already released or offered to the public by the original artist.
- The cover version is a “faithful rendition” of the original song, meaning no changes in the melody or lyrics were made (minimal arrangement changes are allowed).
- Lyrics: while your recording will still qualify as a cover recording if you entirely remove the lyrics (meaning that your recording is an "instrumental cover"), translating the lyrics of a song into another language means that your version will no longer be a cover; it will instead be what is called a "derivative work", for which you will need to obtain a license from the lyricist (either through their publisher, or by contacting the record label).
- The cover version does not include any part of the original song's recording.
- The title of your track should be the same as the original, and the title version should indicate that it is a cover with something like the following:
- Cover
- Techno Version
- But you should NOT use something like "Mix" or "Remix" as your track cannot be both a cover and a remix.
- All the original authors of the composition and lyrics and the publisher of the original song are correctly listed and credited in the cover song metadata. This is particularly important if you distribute your cover song worldwide or to Brazil as Brazilian law allows the composition/publishing contributors to sue for damages if you fail to fully credit them! You can find the correct information on websites like the Easysong search engine or the ASCAP/BMI Repertory.
- If you distribute your cover song to download DSPs, you will need to obtain a separate license/authorization for each of the following countries (we also indicate websites where such licenses can be obtained):
- USA: EasySong
- Mexico: emmacsacm.com.mx
- India and Pakistan: contact the rights holder directly
Releasing a cover song on YouTube/VEVO
Given that YouTube/VEVO is an audiovisual platform, distributing a cover song as part of an audiovisual work on the platform requires a synchronization ‘sync’ license in addition to the mechanical license. YouTube’s licenses cover the reproduction and performing rights for most publishing catalogs. However, you must obtain synchronization rights separately if you are uploading premium music video (PMV) content. For any audio-only content delivered to YouTube, including user generated content (UGC), you are not responsible for publishing licenses.