First of all, I am definitely NOT a lawyer, and don't even play one on TV. Although I do play an armchair lawyer watching old episodes of Perry Mason. smile

My understanding is that once a recording has been released commercially, you can create a cover of that song, as long as it doesn't deviate too far from the original and as long as (in the states) you obtain (meaning purchase) a mechanical license for the song. This allows you to create an MP3, a cassette tape, a record album, or a CD of the song.

A license costs $16 initial charge per song, plus $0.091 per unit created (minimum 25). If you purchase more that 5 songs on the same order (maybe you're doing an album), the initial cost for each song after 5 is $14). So, for a minimum mechanical license for one song, it's going to cost you ($16 + ($0.091 x 25)) = $18.28.

You need to visit The Harry Fox Agency (the clearing house for song licenses), check out Songfile there, and purchase your license for the song. My understanding is that you don't need explicit permission from the publisher of the song (because this is a recording, not notation), and the rules say once the song is released, you are allowed to create your own cover version; but you do have to pay for the mechanical license.

However, YouTube is video. That would then require a synchronization license, which has a different cost structure and if I recall correctly, does require permission from the publisher. All this information is available at Harry Fox.

Harry Fox also has a link for eSynch to mate songs with video, but you have to register to see additional information, so someone else would have to answer the details there.

As has been said, the song owner definitely has the rights to monetize your work, because it's not your work. It's theirs. You merely provided a different arrangement of it, but their copyright carries through.

Here are Songfile FAQs to help answer your questions.

Hope that helped.

John

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