Zhang Xijun
In the process of dissemination and promotion of musical works, cover performance is an indispensable form of performance. Whether it is a cover performance in a traditional music program, or one on an online music platform, a short video platform, or a live broadcast platform, it has played a positive role in the dissemination and promotion of musical works, but cover performers should respect the rights of the copyright owners or proprietors of the songs and obtain corresponding authorization before performance.
1. What Is Cover
A cover is an act of re-performing a song that has already been published and sung by someone else. Cover forms typically include:
1). singing directly without changing the words and music of the original song;
2). singing with changed words and unchanged music, with changed music and unchanged words, or with changed words and music;
3). covering a song with rearranged music, and singing without changing the words, music, main melody of the original song, and singing by changing the instrument configuration, rhythm, harmony, melody and other elements of the original song;
4). song joint singing, that is, singing multiple songs that are connected together without changing the words and music of the original songs; and
5). song skewering, that is, stringing together the essence of multiple songs, and seamlessly connecting them through arrangement to form a new and coherent work for singing.
2. Copyright Involved in Covering
1). The right of reproduction, whether it is to distribute the cover song in the form of a physical record or upload it onto an online music platform, authorization of the right of reproduction is required.
2). The right of distribution, providing the original or copy of the cover song to the public by way of sale or gift, requires authorization of the distribution right.
3). The right of performance, that is, the right to perform the work publicly, as well as the right to publicly broadcast the performance of the work by various means, the singer needs to obtain authorization before performance.
4). Broadcasting right: If the cover performance is transmitted or rebroadcast through radio and television stations, the radio and television stations need to obtain authorization of the broadcasting right.
5). The right of dissemination on information network, where a song is shared or disseminated through online platforms, such as online music platforms or short video platforms, it is necessary to obtain authorization for the right of dissemination on information network.
6). The right of adaptation, that is, the right to change the work and create a new work with originality. Only the second form of covering mentioned above, i.e., covering with changed words and unchanged music, with changed music and unchanged words, or changed words and music, requires authorization of the adaptation right. The rearrangement of the cover does not involve the right of adaptation, because changing the arrangement will not change the words, music and main melody of the original song, and will not create a new work.
7). The right of compilation, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement. Only song skewering involves obtaining compilation right authorization.
3. How to Obtain Authorization
The copyright owner of a musical work is usually the author of the words and/or music of a song, and the copyright owner may also authorize a collective management organization to manage his or her copyright on his or her behalf. In China, the collective management organization is mainly the China Music Copyright Association (CMCA), which manages the rights of reproduction, performance, broadcasting and information network dissemination on the owners’ behalf. For the rights of distribution, adaptation and compilation, one can communicate to the copyright owner through the CMCA on authorization matters.
In short, cover performers should contact the rights holder or collective management organization in advance to obtain authorization according to the needs of the performance to avoid risks of infringement.