Opinions - File Sharing and ACS Law

[Access_guy49]

Ok question for those of higher knowledge.... (everyone)

what would be the rules for say, people, on youtube, that do a cover of a song by a recording artist? i'm thinking...illegal?

 

[vbaInet]

I don't think youtube has the facility for downloading the video or audio that was covered, hence its intended purpose is not for sharing individual copies but for streaming. As long as the content isn't intended for sale and/or money-making I don't think it's breaching laws. Although, people can find means of uploading the cover, they would be the ones to blame.

 

[Minkey]

Ok question for those of higher knowledge.... (everyone)

what would be the rules for say, people, on youtube, that do a cover of a song by a recording artist? i'm thinking...illegal?

Now we're getting into mechanical royalties essentially in order to cover another artists song you need to negotiate mechanical royalties to (in the UK) split the proceeds between the original artist and the cover artist but of course you don't make any profits from YouTube unless you count future profits that could be either directly or derived from your covered version.

IMO You should be fine*

However a guy playing a lead guitar over the top of a down tracked version of a song can't really be classed as a cover merely an imitation/ critique/ personal usage (even if it is broadcast on YouTube) but if you really want to avoid any legal recompense you should 'technically' again get the copyright owners permission.

*I'll be honest I'm far from a music industry lawyer (huuuuuuuugg sppitttttt ) but if they can make money out of you, for what ever reason, they will.