I've being reading tones of documents emitted by the EU Commission and even attended seminars.
In certain cases we have to deal with an enormous confusion, thus not black not white, created by attorneys, judgments, majors and now: by the network. Social networks are creating more haziness than some friend to the Pub!I include YouTUBE, Vimeo, Vube(ology) with what you find on their Policies, as well as many blogs related the argument.
Right, because in internet you can find a lot of information that are often not correct outdated or even based on nothing.
To solve this lack, I had an intense exchange of emails and calls with SABAM in Belgium, SIAE in Italy, but also with Majors and various Publishers in Belgium, Italy, France, the Netherlands and UK with the only goal to solve the issues related the production of Cover songs.
Why? Because many Artists want to produce and to publish Covers, in order to lead the attention also to their own production.
Which is legal and since the music world exists, it is used to do so. And I say "the music world" not only the pop and the 20th century, but since music is Market (thus much before Bach and Beethoven!)
Well, let's here discover what happens and in what manner you can be legal if you make a Cover and a Video related that cover.
Let's examine and see the main 4 definitions that are occurring in the Cover world and the main 5 definitions in the Music world that describe the role of the persons involved:-)
COMPOSER: Is the person that has composed the music: thus melodic line, and in many cases also the accompaniment (harmonization). He gets full Author Rights and owns the Copyright of the melodic line.If there are more than one composer, each one get a percentage of these Author Rights
AUTHOR: Is the person that has written the lyrics of the song. He full Author Rights and owns the Copyright of the Lyrics.If there are more than one Author, each one get a percentage of these Author Rights
ARRANGER: Is the person that provided instrumentation to the song written by the Composer. He gets minor Author Rights percentage, related to the specific arrangement of the Song
INTERPRETER: Is the person that physically executes the music or sing the song. He/she isn't entitled to any Author Rights.Eventually he/she gets the Neighboring Rights, which is something else, and not all the Countries in the world are complying to this. Indeed Neighboring Rights are not foreseen by Law (that's why the name "Neighboring") but are foreseen in Signed Agreement among some Country (I know for sure that BeNeLux, Italy and UK they have them. Just go to look for other countries googling the argument).Those rights are NOT managed by SABAM, SIAE, GEMA? SACEM, BMI, ASCAP etc ...
PRODUCER: He/She is the Project Manager that leads the Product to the very end and put it on Market.He/She can also covers the roles of Mixer, Master etc. However He/She has the 100% of the Neighboring Rights for the Production (Master Rights).
Often all roles above are converging to one person, or a person can cover more roles at the same time
COVER SONG Technically a Cover song is a song made by a 3rd party than the executor. Thus somebody else is singing and/or playing it rather than the original author.
Clearly speaking: under this point of view, technically each song that has an executor different from the original author/composer: is a cover!
In fact, it's considered "Cover" each song interpreted by any other interpreter rather than the one launched the song.
You have all the Rights to make a cover song, immediately after the original song is released to Market. Thus 1 second later you can do it.
No one in the World/Universe can forbid it.
Right, no one, even the Authors, cannot forbid it. AS FAR AS:
The cover is 1:1 with the original song, which means:
- Not any arrangements are made
- No adaptations are made
- You don't change anything into the Lyrics
- You don't change the main architecture of the song (no changes in the rhythm/style for instance)
- You report the names of the Composer(s) Author(s) however Copyright Owners
Respecting all what above, you don't need any permission to produce the cover and no one in the World/Universe can forbid/deny you to make a Cover of a Song as above described on condition however (I repeat to underline) that you pay on the one hand the author's rights to SABAM, SACEM, GEMA, PRS, R.I.A.A., B.M.I. whatsoever Author Rights Society, and that you pay on the other hand the neighboring rights to the holders of the neighboring rights (contact the producer of the original recording).
In case you asked the permission to make the cover (process that's not required) and it was denied, you can ignore that denial because illegal
PAY ATTENTION: If ever a change is made, you need the written permission.Thus: if you need to arrange, changing or adapting the Lyrics or the rhythm/mood of the song, you have to ask the written permission to the Composer/Author (in case they have:by their Publisher)
But you can lower or rise the pitch of the whole song to adapt it to the Singer and/or use different musical instruments, it is allowed without any written permission.
I.E. When I produced the video "INDIA DICHTBIJ", which is based on the Song "LACHT NOR MIJ", I got the written permission from the Author (Charissa Parassiadis) of the song to change the lyrics, and to put the new one, written by the Boys you see in the Clip.They don't get any Right. they left all the right to the original Author.
Another common use in Light Music, is to change the instrumentation used. This is allowed as far as not change harmony, Melodic Line, Words).
SELLING COVER SONGS
IN CASE you want to use the cover to produce any CD/Record/Cassette/File to be downloaded, thus selling, you need the permission of SABAM, SACEM, GEMA, PRS, R.I.A.A., B.M.I. whatsoever Author Rights Society, filling in the request for Mechanical rights. You also need the authorization of the holders (producers) of the neighboring rights (contact the producer of the original recording). If you are the Producer of the Cover, you don't need to ask to yourself :)
If you sell on iTunes, Spotify, Deezer, Amazon etc, the Mechanical Rights are payed out by these platforms to SABAM, SIAE, GEMA SACEM etc etc. You don't need to pay upfront any mechanical Right, nor to inform these Societies,because they will get notices from the Companies.
VIDEOCLIP
First of all, this word is too general. Don't give for grant that with the word "VideoClip" you are clearly indicating that your video is illustrating the Covered song!It can be also that you want to show some advertising etc. It's called Videoclp as well!!
So, first lets see here the general rules, then we will focus on a specific case.
You can use the Cover song you make, strictly following the above parameters I wrote for the Cover songs, on your own footage/film/video clip (always made by you) on condition however that you pay on the one hand the author's rights to SABAM SACEM, GEMA, PRS, R.I.A.A., B.M.I. whatsoever Author Rights Society, and that you pay on the other hand the neighboring rights to the holders of the neighboring rights (contact the producer of the original recording) And you asked for the SYNC CLEARANCE to the Copyright Holders (generally the Publishers. If any, then directly Composers/Authors).
But about the SYNC CLEARANCE: what above is very general Now checking what a "Sync" is, we will see also a particular and important case, which is the one closed to many Artists
SYNC
With the word SYNC is intended:
- To take the very original piece of music/song or the Cover you made- Use the original piece of music/song or Cover of it in conjunction with a footage/film/clip made by you
To SYNC, you need the written permission of the Copyright Owner and of course to inform SABAM, SACEM, GEMA, PRS, R.I.A.A., B.M.I. whatsoever, and pay the author's rights to the copyright owner (contact the publisher or SABAM, SACEM, GEMA, PRS, R.I.A.A., B.M.I. whatsoever Author Rights Society) and the neighboring rights to the latter's holder (contact the producer of the original recording).
The SYNC can be forbidden by the Copyright Owner without giving any justification.
If the Composer(s)/Author(s) however Copyright Owner(s) are more than one, it's sufficient the denial of one of them, to make not possible the SYNC.
Now: WHAT'S ABOUT THE "CLASSICAL WAY" of a VIDEO-CLIP MANY ARTISTS ARE MAKING ABOUT THEIR COVER?
Here is the point:
If the VideocClip is ILLUSTRATING the Cover, thus it's related the content of the Cover, in an Artistic way and in which you are not creating Commerce with it (you are not promoting or selling any product contained into the VideoClip), then the SYNC CLEARANCE is NOT REQUIRED and cannot be denied as well!!
Of course can be denied if you are illustrating, I mean: trying to advertise, actions/ideas, against the Common Morality etc, like anything else.But if it's not that extremist case, no one can.
Of course can be denied if you are illustrating, I mean: trying to advertise, actions/ideas, against the Common Morality etc, like anything else.But if it's not that extremist case, no one can.
Thus the Sync Clearance is necessary ONLY if the work with the music, is a derivative work of it.But wanting to Cover (1:1) and to illustrate the Cover with your Footage, is not a Derivative work and NOT ANY SYNC CLEARANCE is required.
This is what I didn't fins clearly specified on YouTUBE/Vimeo/Vube(ology), any site's Policies! And it could help all of us. No one is coming to world "learned".
GOOD PRACTICE:
Avoid surreptitious advertising ..; thus if you show somebody that's drinking Beer, avoid to expose the brand of it.
If you show somebody playing some instrument avoid to show too much the brand of it, or of any other product.
It's however good, that when you finished your video or Cover, you submit it to the Publisher, to have an pinion related the 1:1 Covering and if the video, for some reason that must be declared if you specifically asks for, is not offending the Common Sense or the Moral.
No Publisher or Editor will insutl you for that. And you show you are Professional, even if you do it jsut for fun, Hobby etc ...
P.S. If I forgot some detail, or if you think I could express the concept in a better way (being not Native English) please just tell me, that I will rephrase properly
