Musical cover, legal Limits to Respect When Covering or Reinterpreting a Musical Work

Covering or reinterpreting a musical work may seem like a practical and creative option for artists, but it can raise questions of intellectual property. It is therefore essential to understand the legal limits and requirements related to this practice.

Copyright exists to protect intellectual creations, and any use of a work without the permission of the author or their rights holders constitutes infringement. It is therefore crucial to respect the rights of authors and rights holders when creating a cover or reinterpretation.

In Europe, copyright is flexible enough to allow anyone to rerecord and broadcast a work. However, it is important to research the authors and composers of a work before reinterpreting it, as a song known under an artist’s name may have actually been written and composed by a different person. Works are protected for up to 70 years after the death of the last living author, after which they become public domain.

What does copyright protect?

It is important to understand that copyright only covers the melody and lyrics of a song, not the recording or performance. Performers’ and producers’ rights are covered by other laws.

When creating a cover, you must respect the original work in its music and lyrics. You cannot modify a word or note without prior permission. This also entails mentioning the authors and rights holders of the work on any medium or broadcasting service, as they will receive copyright royalties through the SACEM.

Does making a cover allow to have rights on the original work?

Creating a cover does not give you any rights to the original work. All copyright rights are reserved for the rights holders of the original work. If you perform covers live or your cover is broadcast on the radio, you will not receive copyright royalties, only neighboring rights.

For a successful reinterpretation, it is essential to add a personal touch to the performance. You can play with tempo, instrumentation, or arrangements to shed a different light on the work. However, this should not be a copy of the original, but rather a creative interpretation.

If you want to modify a work that is not in the public domain, you will need to obtain the permission of all rights holders of the work. It is important to respect authors’ moral rights, as only authors can agree to have their work modified.

In summary, creating a cover or reinterpretation requires respecting the original work and its rights holders, as well as not modifying the work without permission .If you want to reinterpret a work with a personal touch, it is important not to distort the original work and to respect the rights of the rights holders. Patrimonial law, meanwhile, is the author’s right to derive financial profit from their work by assigning or licensing exploitation rights to third parties.

It is important to understand that copyright is a complex issue and can vary by country. For example, the rules in the United States are different from those in Europe. It is therefore recommended to consult a lawyer specialized in intellectual property if you have any doubts or questions.

We are not lawyers or jurists, we strongly advise you to contact a professional for more precise information.