Performing cover songs is usually pretty easy because most venues already pay for a performance license from one or more of the PROs, but did you know that you need additional licenses to record those same cover songs (or any songs for which you don't own the copyrights)?
Some licenses are easier to obtain than others, and it's easier to make a legal sound recording than it is to make a legal audiovisual recording. Unlike sound recording licenses (aka mechanical licenses), the sync licenses you need to make audiovisual recordings of cover songs aren't available through the Harry Fox Agency.
If you'd like to share videos of your performances with fans, continue reading to find out about sync licenses and how you can legally include cover songs in your videos.
Licensing for sound recordings versus audiovisual recordings
Copyright owners have control over a bundle of rights relating to their intellectual property, and the rights to perform music, record music, and sync music to video all require separate licenses.
Some organizations such as ASCAP and the Harry Fox Agency have streamlined the licensing process for certain rights, but the right to sync music to video can only be licensed directly from the copyright owners/administrators themselves. If you want to use someone else's music in any type of video you'll have to find the song's owner and ask him or her for a sync license directly.
[Who Owns That Song? How to Research Copyright Ownership]
Can I share a video with my fans?
In this age of greater connectivity with fans through social media, it's natural to want to share videos of your performances, make creative DIY music videos, or even include your recordings as background in a video biography of your band.
If you own the music in your videos (i.e., you wrote the songs and never signed away your rights of ownership) then record away! If you do not own the songs in your videos, however, then you're not legally able to share those videos without permission (e.g., a sync license) from the owner.
What is a sync license?
Synchronization (sync) licenses are contracts that give you permission to synchronize the owner's music with images to create an audiovisual work. These licenses must be obtained directly from the copyright owners or administrators, which often means contacting music publishers to request the license. For tips on how to find out who owns/administers the copyright to a song, click here.
Negotiating a sync license
As with many legal contracts, sync licenses tend to include standard items. When negotiating a sync license, be prepared to discuss details such as the term/duration of the license, fees, media to be used, any changes you would like to make to the song, if/how credit will be given, and what will be required to renew the license.
Be prepared to give the song owner/administrator as much information as possible about the proposed synchronization, including details about the performance, your budget, and samples of the images/video if you already have them.
Why You Might Not Be Able to (Legally) Make a Video of Your Own Concert
advice from Sonicbids Blog - written by Jamie Davis-Ponce
Expert Music Career Advice for DIY Musicians