We receive emails daily from people that have distributed what they thought was a cover song, only for it to be rejected by a distributor considering it a derivative work.
What's the difference?
Well, a cover song is a new recording or performance of a song by an artist that did not write the song. Example: If you recorded a Taylor Swift song, you have recorded a cover song.
A derivative work is something new that's derived from something old. But in the music industry, it most commonly involves lyric changes, samples, and medleys.
If you have changed the lyrics to an existing song, your version is now considered a derivative work and not a cover song. Even the smallest lyric changes, like a town name or a pronoun, would require direct permission from the publisher or rights holder before you are able to legally distribute your version.
If you have used a sample or an audio recording that you did not create, your version is now considered a derivative work and not a cover song. You have included someone else's work that you did not create yourself.
If you are covering two or more different songs and creatively splicing them together, then that is considered a medley. The publishers or rights holders of all songs included in your medley have to agree to the medley, and register it as a new composition. These requests can take time and be costly, but these requests can also be ignored or shot down by just one of the publishers involved.
When a distributor lets you know that your release has been flagged because the rights holder says it is not a cover song, chances are it involves lyric changes, samples, or medleys. These types of works are not eligible for compulsory licenses.
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More questions about whether your song is a derivative work or a cover? Email us at hello@affordablesonglicensing.com.
Is my song a derivative work or a cover song?
