Musicians are constantly learning from each other and are often influenced by the musical styles and compositions of other artists. Playing cover songs is a popular way for artists to arrange their own version of a song by putting a unique spin on it and showcasing their creativity and originality. Uploading these cover songs to YouTube provides artists with a platform from which they can build their profiles and promote their musical careers, potentially gaining the support of fans. It is not unusual to hear that the newest musical superstar used YouTube as a stepping stone to a record deal. The success, popularity and celebrity of Justin Bieber, for example, can be traced back to a YouTube video of a cover song.
However, by covering a song written by another artist, musicians may unknowingly contravene copyright laws. The videos of Justin Bieber and other "YouTube Sensations" may have amounted to copyright infringement. Artists are not always aware of the legal requirements associated with posting cover songs.
A common misconception is that typing "fair use" into the video's description protects the uploader from copyright infringement. This is untrue. In order for an artist to legally post a video of their cover song, a synchronization ("synch") license is required. It is necessary to contact the music publisher or the copyright holder directly and to pay the required fee in order to obtain a synch license; however, a synch license will not necessarily be granted simply because someone is willing to pay the required fee. The publisher or copyright holder can decide, at their own discretion, if they are willing to give a synch license.
Although a synch license is required prior to a musician legally uploading their cover song to YouTube, most musicians do not bother to obtain one. The majority of cover songs uploaded to YouTube are technically illegal and not many people are aware of, or are overly concerned by, the nuances of the law. If a cover song is uploaded that infringes on copyright, the user could be sued, the video could be taken down at the request of the copyright holder or the user's account could be deleted.
That being said, though many cover songs on YouTube technically infringe upon copyright laws, music publishers do not always bother taking legal action or ordering that the song be removed. Depending on the popularity of the cover song, publishers and rights holders are afforded free publicity by the number of people watching the cover song. Sometimes those who are drawn to the cover song will search for and download the original version. Further, many videos are not removed from YouTube because the website has recently negotiated blanket licenses with several music publishers. However, YouTube has not provided a way for users to check whether or not their cover song will infringe the law, or whether or not their song is covered by these blanket licenses.
Uploading a cover song to YouTube is a risk that many people are willing to take. That being said, it is wise to err on the side of caution before uploading cover songs to YouTube or else you may find you have a copyright infringement problem.
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