Why Is It Copyright Infringement to Copy a Song’s Melody but Not to Cover a Song?

Copyright law can be complex, often creating confusion among musicians and producers when it comes to covering songs and using their melodies. Let's delve into the nuances of these two practices to clarify the matter.

Understanding the Difference: Melodies and Cover Songs

Firstly, it's essential to understand the difference between copying a song's melody and covering a song. Covering a song involves recording a new version of an existing song, while copying a song's melody involves using the tune without permission, even if you add new lyrics or perform it differently.

Covering a Song: Freedom Under U.S. Copyright Law

In the United States, the process of covering a song is facilitated by U.S. copyright laws. Through a mechanism known as a mechanical license, creators can legally record and distribute a cover version of a song without infringing on copyright. This process is designed to make it as straightforward and cost-effective as possible for artists to cover songs.

To obtain a mechanical license, one must pay statutory royalties in advance for each copy they plan to make. These royalties are typically minimal, often less than 10 cents per copy. This comprehensive guide aims to fill in the gaps and provide clarity on this process.

How to Obtain a Mechanical License

The process of obtaining a mechanical license involves notifying the copyright owner, composer, or publisher of your intent to record and distribute the song. You can use a licensing service like Presentation Music to handle this process for you, ensuring all requisite permissions are in place.

Copyright Infringement: Copying a Song’s Melody

Copying a song's melody, on the other hand, is a different matter. This involves reproducing and distributing the tune of the original song, even if you change the lyrics or perform it in another style. This act is considered a derivative work, and it falls under the purview of copyright law.

Creating a derivative work requires permission from the songwriter or composer. Unless they specifically grant you permission, copying a melody without authorization is considered copyright infringement. This is why you must always seek permission before using someone else's song's melody, even if you plan to add new lyrics or innovate the performance.

Legal Implications of Melody Use

The legal implications of copying a melody can be severe. If you are found to be in violation of copyright law, you could face legal action, including fines and damages. It's important to note that even instrumental covers of a song can still be considered derivative works, depending on how they use the original melody.

Practical Tips for Covering Songs Legally

When preparing to cover a song, there are several practical steps to follow to ensure compliance with copyright law:

Research the Song’s Copyright Status: Determine if the original song is still under copyright. If it is, you need to obtain the necessary mechanical license. Notify the Rights Holder: Contact the copyright owner, composer, or publishing company to inform them of your intentions. Obtain the mechanical license issued by them. Pay Royalties: Pay the statutory royalties as specified by the mechanical license. This can be done through organizations like Mechanical License Direct. Document Everything: Keep records of all correspondence and payments to maintain a clear trail of compliance.

Conclusion

The distinction between copying a song's melody and covering a song is a matter of legal and creative choice. While covering a song is a straightforward process under U.S. copyright law, copying a melody requires permission from the original song's creator. Understanding this distinction can help prevent unintentional copyright infringement and ensure your work remains compliant with legal standards.

For individuals seeking to venture into the world of music creation, embracing the right procedures and practices can lead to a more sustainable and fulfilling journey. Whether you're an artist, producer, or a content creator, being well-versed in copyright law can help you navigate the complex landscape of musical creation and distribution effectively.