Music Licensing on YouTube: Do You Need a Mechanical License for Cover Songs?

When covering a song to upload on YouTube, one might wonder whether a mechanical license is required, especially if there is no intent to monetize the video. This article will explore the legal requirements, including the necessity of obtaining a mechanical license and the impact of copyright claims on non-commercial content.

Legal Requirements for Cover Songs on YouTube

When you cover a song and upload it to YouTube, you need to ensure compliance with copyright laws. Typically, you need to contact the copyright holderusually the songwriter or record labelto obtain the necessary permissions. This requirement holds true even if you are not planning to monetize the video. For instance, professional cover videos often incur license fees, which can range anywhere from a few hundred to several thousand dollars. However, if you are posting a cover version solely for personal enjoyment or to share with friends, the process can be more straightforward.

Credits and Copyright Claims

Regardless of your intentions, it's essential to credit both the composer(s) and the publisher(s) of the song. The singer, however, does not need to be credited unless they are also the songwriter. Failing to credit the song's creators can lead to copyright claims on your video. While these claims typically won't result in strikes or lost revenue, since YouTube often redirects revenue to the copyright holder, it's still better to avoid them by complying with copyright laws.

Non-Monetized Content

When you are not monetizing a YouTube video, there is less urgency to obtain a mechanical license. In such cases, posting a cover song version is generally acceptable as long as you credit the appropriate creators. However, it's worth noting that YouTube's policies and practices can change, and there may be other factors to consider.

Past Guidelines and Current Practices on YouTube

While YouTube's policies have evolved, they have historically been more permissive regarding cover songs. According to past guidelines, the platform had a chart called "Music Policies" that listed popular songs and their publishers' policies regarding cover versions. Although YouTube removed this chart, the general sentiment was that many songwriters and their publishers were open to allowing covers, as it contributed to the overall popularity and reach of their music.

Even without a formal policy, most reputable songwriters and publishers have shown a willingness to accept cover versions. However, if a copyright holder does object, they can choose to either prevent ads from appearing on your video or have it removed altogether. This conflict may occur, but the chances are relatively low.

Mechanical Licensing for Non-Monetized Content

In the context of a YouTube video alone, you typically do not need a mechanical license if there are no plans to monetize the video. However, if you intend to use the cover song in a manner beyond YouTubefor example, to create a CD or DVDyou may still need to obtain a mechanical license. In such cases, the cost and effort required to secure the license are often higher, and you should plan accordingly.

Examples of Additional Uses

If you wish to make a commercially available product, such as a CD or DVD, that features your cover song, you will need to seek a mechanical license. This license will come with a fee, which you must pay in advance, based on the number of copies you plan to produce.

Conclusion

While you may post a cover song on YouTube without needing a mechanical license if you are not monetizing the video, it's always a good idea to properly credit the songwriters and publishers. If you plan to use the content in any other commercial capacity, a mechanical license will be necessary. By staying informed about your legal obligations and following best practices, you can ensure that your content remains legal and respected in the music community.