What Is a Cover Song? From History to Legal Must-Knows

Denis Calakovic

Dec 7, 2024

Cover songs are a captivating element of the music industry, adding variety to artists’ catalogs and giving listeners fresh perspectives on familiar tunes. A cover song is essentially a reinterpretation of an existing song by an artist other than the original composer or performer(s). The practice of covering songs has a rich history and has evolved alongside changing trends in music and culture.

In this article, we’ll explore what a cover song is, its historical context, and the legal steps required to record and release one.

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Defining a Cover Song

A cover song, often referred to as a cover version, is a new performance or recording of a song by an artist other than the original creator. These cover versions can serve various purposes, from album fillers to standalone singles. Artists release them as part of live albums, studio albums, greatest hits compilations, or as unique performances during live shows or award ceremonies.

Cover bands, sometimes known as tribute acts, specialize in performing songs by other artists. Tribute acts often adopt two main approaches:

• Exact Replication: Some bands recreate the original sound with precision.
• Creative Reinterpretation: Others infuse the cover with a unique style or add humorous elements. For instance, Beatallica mixes Beatles songs with the thrash-metal style of Metallica, while Dread Zeppelin combines Led Zeppelin's music with reggae rhythms and Elvis Presley-inspired vocals.

A Brief History of Cover Songs

Cover songs have played an important role in the music industry for decades, with changing practices and trends over the years. Here’s a look at some key moments:

Early Days: Multiple Versions of Popular Songs

In the early 20th century, it was common for multiple artists to record and release versions of the same song. Live performances and sheet music sales were significant sources of revenue for music publishers, as listeners often enjoyed performing hit songs at home. These early cover versions brought songs to a wider audience, but the original artists only received payment for their own performances.

Record Labels Releasing Multiple Versions

Through the 1930s and 1940s, record labels continued to release different versions of popular songs. This practice mainly benefited songwriters and publishers, as artists did not receive royalties from other versions. However, music-buying trends began shifting in the mid-20th century, with teenage consumers prioritizing the artists they admired over the specific songs.

1950s Changes in Cover Culture

By the 1950s, original artists and rock 'n' roll bands began dominating the industry, challenging the value of cover songs for younger audiences. Teenagers increasingly preferred supporting original performers, especially when mainstream artists released conservative, “safer” covers of songs like Little Richard’s "Tutti Frutti," which Pat Boone reinterpreted for a more subdued audience.

Cover Versions of Standards

Cover songs still had a prominent place in the 1950s and 1960s, especially for long-playing albums where artists showcased their range by performing popular standards. The Beatles’ debut album, Please Please Me, featured six cover songs alongside eight original tracks by Lennon and McCartney.

Notable Cover Songs and Cultural Impact

Some cover songs eventually became more popular than the original versions. For example:

• Santana’s 1970 cover of Fleetwood Mac’s “Black Magic Woman”
• Gary Jules’s haunting 2003 rendition of Tears for Fears’ “Mad World”
• Janis Joplin’s emotional take on Kris Kristofferson’s “Me and Bobby McGee”

In the 1990s, artists like Lenny Kravitz and Nirvana further revitalized the concept of cover songs with their unique versions of “American Woman” and “The Man Who Sold the World,” respectively.

Legal Requirements for Recording and Releasing a Cover Song

Creating a cover song isn’t as simple as recording and releasing it. Specific legal steps are essential to ensure you respect the copyright holder’s rights. Here’s an overview of the process, which is provided for educational purposes and is not a substitute for legal advice.

Step 1: Find the Copyright Owner

Music copyright law in the United States requires that you first locate the copyright holder or owner of the song. Organizations like BMI and ASCAP, or the US Copyright Office, maintain databases with copyright information. Connecting with the copyright holder is crucial to legally proceed with your cover.

Step 2: Notify the Copyright Owner

Once you have the copyright owner’s details, send a formal notice of intention to cover the song. This notice should reach the copyright holder at least 30 days before the planned release. In cases where the copyright holder cannot be located, an “address unknown” notice can be sent to the US Copyright Office.

Step 3: Obtain a Mechanical License and Pay Royalties

To record and distribute a cover song legally, you need a mechanical license, which authorizes you to create an audio recording. This license, however, does not cover syncing the song for use in a video. You’ll also need to pay statutory mechanical royalties set by the Copyright Royalty Board for every digital or physical copy of the cover sold. Importantly, these royalty payments continue as long as the cover song remains available to the public.

Performing Cover Songs Live

For live performances, mechanical licenses are usually unnecessary. Venues often have blanket licenses with performance rights organizations, allowing artists to perform cover songs live.

Conclusion

Cover songs have a unique place in the music industry, bridging generations of listeners and allowing artists to bring their own style to beloved classics. From recreating hits to reimagining them with new sounds, cover songs contribute to a dynamic musical landscape.

Understanding the legal requirements is crucial, as it allows artists to release their reinterpretations respectfully and legally. Whether performed live or recorded for an album, cover songs continue to showcase the timelessness and versatility of music.