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If the popularity of user generated content (UGC) platforms, such as YouTube and SoundCloud, has taught us anything about the music industry in the Digital Age, it is that aspiring artists from anywhere can amass huge online audiences and earn global reach by putting out cover songs that spark a reaction.
However, while recording and uploading cover songs to UGC platforms can be a great first step to building a fanbase, monetizing those songs on traditional digital music services can be a legal nightmare if not done correctly. Furthermore, knowing when, where, and how to capture all of the royalty streams that your cover recording earns will put you in a better position to reap all of the rewards from releasing a cover recording that takes off.
The law includes a provision that enables anyone to reproduce and distribute a composition by following the specific requirements set out in the compulsory license. These requirements basically state that you must notify the copyright owner of your intent to use their song and you must account to (provide reports and statements on usage) and pay statutory mechanical royalties to the copyright owner for each use.
Currently, the statutory mechanical royalty rate for physical formats (CDs, cassettes, LPs) and permanent digital downloads (e.g. iTunes) is 9.1 for songs 5 Minutes or less or 1.75 per minute or fraction thereof for songs over 5 Minutes.
The ISRC code is a unique 12-character alphanumeric code assigned to each version/mix of a recording (ie. QMZTA1700001). For example, if you have a live version and a studio version of your cover song, each will need its own ISRC. If you get a dance remix of your cover or do a stripped down acoustic version of your studio-produced cover, again each of these versions will require a unique ISRC.
When you distribute music digitally, almost all digital platforms require an ISRC for each recording. Your ISRC can and should also be embedded in the metadata of your recording file so that when your recordings are released as a digital download or on physical formats, the ISRC is attached to the recording.
The goal of virtually all aspiring artists is to have their music heard as wide and as far as possible. When songs are hits, earning national and even international reach can happen literally overnight. And even when there is slow momentum as buzz picks up across blogs and social sites, the right mention, the right placement on a playlist can break a song within a matter of weeks.
Whether or not your cover song blows up to international success, you may still earn and be due royalties for the exploitation of your cover song recording. Although you will not earn publishing royalties related to the underlying composition (remember, the original songwriter is the copyright owner and compulsory license enables you to record and distribute a cover), such as performance royalties that are paid out by ASCAP, BMI, and SESAC, you will own the master sound recording and will be able to collect master royalties.
With iTunes for Windows 10, you can manage your entire media collection in one place. Subscribe to Apple Music to access millions of songs. Buy music and movies from the iTunes Store. And sync content from your computer to your iPhone, iPad, or iPod touch.
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