For this month’s blog post of the month I picked an article called How To Cover a Song – HFA by Rick Goetz of MusicianCoaching.com. 

I like this article because it addresses a very basic business& legal issue that independent musicians should know how to address- how to obtain a license to cover a song.  (Moreover, as previously discussed on this website, selling cover songs can be a great way to actually make some money from music.)

A while back a musician friend of mine told me about he was recording a cover song.  I asked whether he obtained a license.  Cause you know, I’m dorky like that and I’m interested in licensing.

And this was his answer- No, but there are compulsory statutory licenses, right?  They have to give you a license to record the song, so if the owners of the song noticed he’d recorded the song, he’d just start paying the statutory fees. *insert visual of my jaw dropping here* 

In case any of you are nodding your head in agreement right now- Stop! My friend is WRONG!

My friend is commiting copyright infringment!  Since copyright infringment is illegal (with both civil and criminal penalties- yikes!), it is something you may want to avoid.

Is there the option to get a compulsory statutory license which must be granted to you if you want to record a cover song?  Yes. 

But you don’t just get one because you’ve recorded said cover song.  You’ve got to start the paperwork before you record the song.  For how to do it see the info on the US copyright office’s website. 

Unfortunately, working through the copyright office can be pretty complicated, soyou probably don’t want to go this route.  Check out How To Cover a Song – HFA, and learn how to properly obtain a license in a more simple manner through the use of services such as Harry Fox’s Songfile. 

It’s valuable information that you should know!

Please note that this article is not official legal advice, it is ONLY for the U.S.A., we are not your lawyers, and you should always contact your attorney before entering into any contract such as a license.