The “purpose and character of the use” - when is a Cover, not a Cover? What is a cover anyway?

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(From: https://attorneyatlawmagazine.com/public-articles/intellectual-property/myth-cover-songs-are-copyright-fair-use 16Jan2025; ad hoc se hit)

“… a “cover” is generally not criticism, comment, news reporting, teaching, scholarship or research.”

  • There are many online teaching, how-to-play, other education offerings online and for no charge, or profit (esp, online ad rev). If being sold (or profitable, if even by provider ad rev), and since many laws have a deliberate *undefined component in it - a license would be prudent (what I would do). Many “how-to” sights discuss music with comment about, “like” this song and other. “Drumeo” was excellent at doing that as an example (aka: freedrumlessons .com one of a number of associate domains - what became drumeo got it’s start way back in 2006 from his living room as one very long single HTML page : ) lol! They avoided even coming close to teaching a “cover” using “that” songs likeness in any regard. They’ve been successful *anyway! : ) ).

Also see: https://www.youtube.com/@RickBeato for one who’s survived. He is there to make money. He illustrates many examples of the components in this. However, and nontheless - he knows which bands to just provide commentary only, or reverse a chord if needs to go that far to play something, sample it even in terms of “criticism, comment, teaching…” etc.

Anyway…

“… Second, in a cover substantially the entire song is being played. The use of the entire song is pertinent to the “purpose and character of the use,” which recent courts have said must be “transformative” in order to be “fair use.” [However it must not be a “Cover”, fits into e.g., an education component, review, discussion, debate, commentary like a few famous analysis amazon channels - again e.g. Rick Beato.] Generally, it seems that “transformative” means to make the work something new. However, a cover by its definition is not transformative in nature. It is a replay and often a mimicking attempt at a commercially successful recording. Playing substantially the entire song goes against the fair use defense…”

Moreover again - and will stick with “Rick Beato” again - his use of something is as something entirely new. I am sure he would not like *his Channel infringed upon. However, one can otherwise feel free to provide that genre of Channel - analysis, reveiw, discussion, education, etc. of their own origin.

So, if for example some Congregation decided to use one of my “Acoustic Simplified” - would they still be obligaged to pay the CCLI (an umbrella fee - but the only example I can think of at the moment) fee?

  • Well, actually, what I demonstrate, “educate” - is a very much condensed version - so to speak. And, I am comfortable doing the songs that way, when would not otherwise use them. However, arguably, I have MODIFIED the original work. I have no Right to do so within any “Venue” context or otherwise for profit, non-profit representing it as their (THEIR) song (certainly NOT - mine!), *version. For THAT - I’d need permission for which they could, as they like, - say no. It would be a collaborative work-product for which I’d own my part of it - arrangement, re-write, upon their approval for changes.
  • However, that would only be IF I was doing it for anything other than my OWN enjoyment, and edification, self-teaching - which is the only context of my stuff. One can see, e.g., https://tabs.ultimate-guitar.com/ no one THERE is making money off of, e.g., “Day Tripper” by The Beatles. HOWEVER - even that sight does have incorrect ATTRIBUTIONS of ownership which can cause issues “down the road” (again, I do allot of Public Domain - and for me it matters, so I correct it if even 150 years old : ) lol! OCD-ism I guess.) Did the Beatles author DT or " written primarily by John Lennon with contributions from PM credited to the Lennon–McCartney. Some bands simplify and ALL get credit and for many good reasons - another topic entirely. (And don’t forget the mechanical recording credits, producer, work for hire musicians on that track, et alia! It would matter if YOU played the “Lead Guitar” parts, and not GH.

Anyway, moving on that ADD moment - apologizes…

When someone gets a license to cover a song within a public venue they (CR Owner) know it will be different since “not them”. And if recorded, video tapped ad hoc - (like Taylor Swift could not with her own material : ) until resolved - could perform, could not sell mechanical copies) - those then, if put up by me regarding that licensed use - would be subject to take down and infringement consequences. At the very least - one would never be provided a performance license.

  • Contracts - they make the modern, civil world go round - and these details matter, especially if do not matter; who’d care about me performing a song within a sanctuary, then posted to Youtube and got Ad Revenue associated to it? No one. So, just clarify that, as example if ever get a Lic/Contract. (Moreover, take the ad revenue - as YT has that capability and does that : ) ).

I’ve received “okay to use” by email to use tracks to back - old grad school videos that were presentations within a Capstone Project… they were on YouTube for a good while and no problem. Someone has to *complain - to *begin with.

Well, all of this is possibly of little interest to many - I had the time and never appreciated the misinformation (even bad information) I’ve received from “Lawyers” that then hold no liability for bad advise, it seems. So, I’d go to the source, US Patent Trademark Copyright Office and ask directly : ) (It’s what the Lawyer had to do, if even they didn’t fully understand it all since not a “Musician” - hahh… to be sure. Although, some Musicians DO become Lawyers!)

After 30 years + online, I’ve picked up a few “praxis” points along the way. Writing, editing many Telco, Pharma, other, contracts, SOW’s, RFP/RFI’s probably influenced me too. They used to call this the “WWW”, world wide web, or “wild wild west” : ) a long ago “joke”. People used to laugh at me when told them folks would be shopping onine, going to school and other. “You’re crazy, never gonna happen” I was told :blush: Well, I been right, write, rite more than once along the way.

  • I hope that helps someone, if not - as usual - eh, skip it : ) In the grand scheme of things, It’s all meaningless anyway.

Apologizes for typos and grammar - I’m not proofing this, written in flow of thought in the moment, - who’s gonna read it anway : ) lol!!

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I read it! Thank you. I went ahead and deleted the second Eagles cover I had up there, so even if the lady one that I posted a year ago gets a strike, my channel won’t immediately disappear for now. I would love to only share originals but I also just enjoy singing covers. I guess mine are more like karaoke, really. Definitely not trying to change things much. :blush:

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You’re doing fine as you are - everyone has to find their way; and, it’s across years of time. In your situation if you have a certain kind of following and doing what you do now - you could turn it into a teaching/sharing experience. Often, folks “new” when explain what they went through, their process they can make the “best” teachers.

  • I used to share how I could never find anyone to “teach” me how to play the guitar - to play the actual instrument and not do covers, or learn how to play the piano first to then learn to play the guitar (?)… it made no sense to me. Moreover, especially when simply want to “improvise”, jam, noodle, I guess - play progressive over a vamp. Handing an 8, 10, 12 yo the circle of 5ths, piano sheet music, and Key memorization teaches music theory, however not guitar playing or “soloing”, original music.

And, most kids don’t want to do what I do - they insist in being tabbed out, “Highway To Hell”, AC/DC and etc. : ) I’d explain - I can teach you how to teach yourself any song you want to know and not have you Mom set fire to me for teaching you that - “church kid” to boot, so to speak.

Life long - I never did covers, ever. If I could not, how I got into it - “solo”, or “wing” the song my way - I didn’t play. Some bands liked that, some did not. One fellow I got to know shared how the bands from his region, NW area States the producers had them so “rote” trained - they only played what was in their set and zero deviation was possible - no “jamming” - period. (Some almost famous fellow I got a nice old PUTruck from up there near Canada. I thought, geeze - whoddathought!?

Anyway - I have no point other than, certainly this group IS what it says it is. And by it’s name could be a Target - but is not. It’s educational, full of “critique”, had no profitability to it in any regard - “we pay to play here” : ) hahahaah… kinda funny… no one is or even can “promote” anything - it’s a “here’s what I learned today sight, how and why”.

I only ever, ever started Covers through “Rocktober” - I gave in one year… and did my “squishy girls” covers. It went over well, and learned a good bit - my goal. After years of playing, one can feel stale and as if they “suck” : ) hahahahaha… and long for the “wow, it’s new! again…” High… like the very first time I “ran the neck” - it shot out of me, total surprise, “krapped my pants” : ) hahaahah… and then said, “huhh, that’s all it is?” LOL - to funny. For about a minute I thought I could play the guitar, again. (I’m joking… but I think you “get it” and enjoy this stuff, possibly.)

Anyway, this year I REALLY enjoyed what evolved into Acoustic Simplified of “stadium” orchestration songs. I learned allot again.

  • What I do, since is “Rocktober” is, eventually consolidate them on BandLab into a collection, delete most and forget about them. BandLab has no advertisements either - it’s a very different “community” if even jinormously large - it’s pretty consistent, which is amazing to me.

From what I picked up - concerning YouTube - apparently, they may just take any pop-up ad revenue that a channel may get and give it over to the CR owner. The blanket - “delete” without notice is a bit odd too. Don Henley if one takes the time to read and understand is trying to get everyone paid - “us” too (YouTube is getting rich off all, including LISTENERS that now deal with 1-ad EVERY song play - or have to wrap it in a Browser ad blocker like Bing Hits do - no “on” YT until click over). I was reading comments from Trolls that made no sense and folks dropping the explanation bomb on that for what little it may do - how the Internet goes - still the WWW (wild wild west : ) )

  • I’ll try to wrap up this again TLTR - appologies - with what I went through - this with Fender Instruments out of Arizona, their legal division, CR enforcement:
  • It started years ago ? 15 ish? ± I built Tube Amplifiers and all kinds of instruments, Guitars, a stray violin now and then, lots of repairs. So, one day I had what’s now called : ) a “Partscaster” what looks like MANY guitars for the last 1000 years : ) their Fender Telecaster. I go to look one day and the listing is gone - like it never existed and had to track down what happened. Fender Legal cited a CR violation - which was actually incorrect and I proved it. However, Fender, all they had to do was point, say remove and was removed. There was no recourse even after explaining in great detail what was, was not CR registered. Now, that’s a cruddy feeling… Then Fender Legal - due to my “summation document” : ) hahhh, to funny… (had the nerve : ) ) - wanted me to assist them in pursuing a LICENSED OEM of Repair Parts, lic’d by Fender! to do so. What is a person supposed to do with a guitar they repaired that then has a Fender Branded Neck on it? Burn it? : ) Their brand was not “watered” down as they claimed. Then, offer NO REPAIR parts for a BOLT ON NECK - designed for REPAIR? LOL… again, “Lawyers” and Large Corps… circular firing squads often times.
  • So, it’s taken 20 or so years for it to wear off, calm down… but it has (Fender, arguably hurt themselves in that endeaver). AND - since China does not recognise US CR’s - they sell, fully branded with serial numbered American designed guitars : ) - and, in many instances - better than Fender or Gibson might sell, and at 1/4 of the price. Gibson’s Les Pauls in one period were, IMO - scrap wood : ) hahhh… omg… and sell for silly amounts, especially if sold from a “Nashville” store, “address” - as if that matters - no. :blush:

So, anyway - I think you’re doing fine, imo. Don’t loose “momentum” or let anyone throw shade on it : ) the Lord is with us all in this stuff.

I’d “teach” my favorite Covers if I were you (just saying, do what you like). Or, look into if feel that strongly about getting a Lic to perform, do a video on YT… you might be surprised! If you find you do one particularly well and get a good response - why not have it be a “draw” to your Channel? As that one article cited, many Covers became the “Hit” it never was otherwise. (If nothing else, you’d learn all there is to know about LIC’g a track and may then write long postings like this for others : ) lol!)

In your situation, if combine what all else you do, your following may then grow for your aggregated content over time - if it’s what you want to do. I see a movement now of some really amazing Bands (unknown) popping up in my Ai Feeds for songs. Some I let run - they’re good, and different and original - some, not “original” in how they do it (that’s the thing for me - original interpretation) - like when the Levy Breaks by Led Zep, or Hey Joe by Hendrix NOT the original authors, then made to be famous tracks. And, they were not that big a deal when then did that!

Always be ready : ) hahhh… and love what you do!

  • Again, apologize for typos and grammar, written in flow of thought - skip it if makes no sense; it just doesn’t matter anyway : )
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