Definition and legal framework of the term “cover”
The term “cover” is primarily associated with copyright law in a legal context. A cover refers to a new interpretation, recording, or performance of an existing work, especially a musical piece. Such adaptations frequently arise in the music industry, but can also occur with any form of copyright-protected work, such as literary texts or images. Legally relevant are mainly the overlaps between creativity rights, neighboring rights, as well as contractual and remuneration matters.
Copyright law in the context of covers
Protection of the original
The original work of a composer, author, or artist is protected by copyright law, provided the necessary level of creativity is met. Protection begins as soon as the work is created and embodied; registration is not required. Rights accrue exclusively to the author (a natural person), who can license or transfer these rights.
Use and adaptation: Distinction between cover and adaptation
Legally, a distinction is made between mere reproductions (presentation, interpretation) and real adaptations (see § 23 UrhG). A cover in the narrower sense is a new recording or performance of an existing musical work with different instrumentation or changed stylistic features, without making essential changes to the melody or lyrics. In this case, permission from the author to use the sheet music and lyrics is not required, provided the authors are named and the work is not substantially altered (cf. § 24 para. 1 UrhG old version, now essentially § 23 UrhG new version).
If, on the other hand, essential elements are changed, redesigned, or adapted, it is regarded as an adaptation, for which the author’s permission is mandatory, unless the work is in the public domain.
Duration of protection and public domain
A work becomes public domain when the protection period expires. In Germany and the EU, this is generally 70 years after the death of the author. Cover versions of works that are in the public domain are no longer subject to copyright restrictions in relation to the original, but they may themselves be protected as neighboring rights.
Neighboring rights for cover versions
In addition to copyright, performing artists and phonogram producers enjoy their own neighboring rights, arising from §§ 73 et seq. UrhG.
Rights of performing artists
When a cover is published or otherwise exploited, a separate protection arises for the performer. This affects, for instance, singers, instrumentalists, or arrangers.
Rights of phonogram producers
If a cover is recorded and distributed on a phonogram, such recordings are also protected in accordance with § 85 UrhG. Protection covers the rights to reproduce, distribute, and publicly perform this recording.
Remuneration regulations and licenses
GEMA and collective management
When using copyright-protected musical works for covers, licensing is generally handled by collecting societies such as GEMA. The prerequisite is the use of the original without unauthorized adaptation. GEMA collects royalties for such uses and distributes them to rights holders. The so-called “mechanical right” in particular compensates reproductions (e.g., on CD or as digital download).
Synchronization rights
For the use of a cover in combined media such as film, advertising, or video games, a separate synchronization license is required, which is agreed upon directly with the rights holder.
Covers in international law
Covers are governed by national copyright laws. International agreements such as the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty largely ensure mutual recognition and protection. However, there are differences, for example in the duration of protection or in limitation provisions within each legal system.
Special regulations in the USA
US copyright law provides for a “compulsory license” for music covers. After initial publication of a work, anyone can record and distribute a cover version upon payment of a statutory fee, as long as essential elements of the original are retained.
Limitations of copyright and permitted uses without authorization
Private use
Copyright law provides for exceptions, for example for private performances or copies under § 53 UrhG. However, this does not confer the right to publicly perform or distribute a cover, even on a small scale.
Quotation right and parody
In individual cases, the use of an original to create a cover may fall under the right to quotation (§ 51 UrhG) or parody freedom. However, strict legal requirements must be observed. Mere reinterpretation as a cover does not generally justify reliance on these exceptions.
Liability and legal consequences of unauthorized cover versions
The production and publication of a cover without the necessary rights constitutes copyright infringement. This leads to claims for injunctive relief, damages, and, if necessary, publication of the judgment. Rights holders can demand the removal of unauthorized recordings from platforms (such as YouTube or Spotify) and, if necessary, take legal action.
Conclusion
Covers in copyright terms are new interpretations of protected works and are subject to a complex set of rules comprising copyrights, neighboring rights, and licensing obligations. The requirements range from obtaining the necessary rights of use to remuneration issues up to international particularities. Legal certainty is essential for creating and publishing cover versions to avoid conflicts and liability risks.
Frequently Asked Questions
Do I need the permission of the original author to publish a cover?
Generally, the consent of the rights holders of the original work is required for the publication of a cover. These are usually the composer(s) and/or lyricist(s), and often their publishers, if they have assumed administration. In Germany, the Copyright Act (UrhG) and publishing law apply in particular. Of special importance is the fact that the right to public performance, reproduction, and distribution lies exclusively with the author. Cover versions played only privately or in purely educational contexts are of lesser legal relevance, but for publication, for example on streaming platforms, YouTube, or physical media, a license is always required. This can be obtained through GEMA (or in Austria AKM, or in Switzerland SUISA) for mechanical reproduction licenses. In individual cases, such as significant textual or musical changes, additional permissions must be obtained directly from the original author. It is important to note that not every GEMA registration inherently constitutes a comprehensive authorization for adaptations or translations—special legal requirements apply here as well.
What are the legal differences between a simple cover and an adaptation?
A simple cover exists if the third-party work is adopted and interpreted almost identically or only within the legally permissible scope (e.g., adjustment to one’s own voice or instrumentation). Such covers are usually considered “Kleines Recht” (minor right) and are licensed by collecting societies (such as GEMA). However, if essential elements of the work are changed, such as adding new verses, translating lyrics, or making significant changes to melody and harmony, the law regards this as an adaptation (§ 23 UrhG). For such interventions, in addition to the usual licensing, the express consent of the original author or rights holder is required. In case of doubt, any intervention that goes beyond pure interpretation is extremely sensitive under the law and can lead to warnings or claims for damages if not properly cleared.
What are the legal consequences of publishing a cover without permission?
Publishing a cover without the required permission constitutes copyright infringement. Depending on the extent and type of exploitation, various consequences may arise: In addition to the mandatory cease-and-desist request (warning), authors and rights holders may demand damages, which are assessed based on impact (e.g., circulation, streaming numbers, advertising revenue). In addition, the publication is often associated with the obligation to provide information on distribution channels and income. In the event of repeat offenses or intentional actions, criminal consequences up to fines are possible. Platforms such as YouTube also frequently block videos automatically due to copyright complaints from rights holders.
What is the legal situation when uploading a cover to YouTube or streaming services?
When uploading cover versions to YouTube and streaming platforms, special rules apply: Many digital platforms have their own agreements with collecting societies that cover certain usage types under blanket licenses (usually the right of reproduction and public accessibility). However, responsibility for correct licensing—depending on the country and platform—ultimately remains with the uploader in case of doubt. This is particularly problematic for adaptations or translations. For covers that go beyond mere interpretation, YouTube cannot, for example, grant rights, so videos may be blocked or monetized. Furthermore, platform operators often set their own rules regarding monetization and revenue sharing, so any income generated by the cover is often passed directly to rights holders.
What legal requirements must be observed if I want to sell or stream my cover?
Anyone wishing to commercially release a cover (sell, stream, or offer as a download) must necessarily clear the mechanical rights. That means a license must be obtained for the use of both the composition and original lyrics—often through collecting societies such as GEMA. For distribution via streaming or download platforms, the providers also require proof of such a license. It is important to note that even for small print runs or seemingly purely private distribution (e.g., via Bandcamp), legal review and licensing is necessary. Even individual sales without a license can lead to legal claims by rights holders.
Are there special legal rules for the use of covers in non-commercial projects (e.g., school performances)?
In the context of non-commercial projects, such as school performances, certain legal exceptions apply in Germany. According to § 52 UrhG, public performance of a work in education and teaching is permitted in certain cases, but only if this is not for commercial purposes and the audience is restricted to a specific group (such as teachers and students). Further distribution (e.g., publication on school websites or social media platforms) still requires the consent of the rights holders, even in educational settings. The same applies to the recording and publication of footage, as there is no general exception in copyright law.
What do I need to consider regarding naming and correct attribution of rights for a cover?
Anyone who publishes a cover is legally obliged to name the authors of the original work correctly (right of attribution under § 13 UrhG). This means that both the composer and lyricist must generally be clearly identified in connection with the publication. Failure to provide attribution may itself constitute copyright infringement, giving rise to legal claims by the authors such as injunctive relief, removal, or damages. Many collecting societies also require information about the original authors in their reporting systems, with the exact form and scope varying depending on medium, distribution channel, or platform.
What role do neighboring rights play in a cover?
Alongside traditional copyright, which protects the creator of the original work, the so-called neighboring rights (§ 73 et seq. UrhG) are also relevant. These protect the artistic performances of the musicians performing the cover. Anyone who records a cover with a band or as a solo artist acquires protection for their specific performance. However, this right is strictly separate from that of the original author: just because a performer produces a protectable recording of a cover does not mean they may release it without the original author’s consent. Conversely, use of such recordings (e.g., for compilations or remixes) also requires the performers’ consent.
