Covers Permissions?

[mobius017]

As many of us probably know, you technically need the permission of the song's owner in order to make a cover.

I'm working on various covers and am trying to avoid violating anyone's intellectual rights. But, of course, there can be some difficulties (language, lack of response, etc.) associated with contacting some of the producers of the songs we would think of covering. And, in any case, when they make the off-vocal/VSQx/etc. available, that would seem to imply the giving of permission, right? (At least in this context? When a producer gives you their off-vocal, they're generally not intending to support your karaoke habit.)

I've run up against a question about the permission needed to use one of these files that have been made available. So I thought I'd start a thread where we can help each other answer such questions.


To start things off, here's my question:

One of the songs I'm looking at covering is Junky's "Happy Halloween." To do that, I'd like to use the song's original off-vocal. The off-vocal can be found on the Nico Nico Commons (【鏡音リン】　Happy Halloween　【inst】 - ニコニ･コモンズ). Can anyone tell me what the permissions icons to the right of the "Happy Halloween" song title are? Or basically, if you can tell, what kind of permission you would need to use the off-vocal? As best I can see, the alt property of one of the images is "separate permission required," which I guess I could understand since the song was originally part of some kind of promotion involving the sale of USB sticks (音楽とイラストを一挙収録した、新形態商品！「Trick or Miku」音楽入りカード型USBメモリ！ | ::UMAA Inc.::). So maybe the company selling the USB sticks requires you to get their permission, too?

Any feedback would be appreciated. Thanks!

 

[summers50]

And, in any case, when they make the off-vocal/VSQx/etc. available, that would seem to imply the giving of permission, right?

I don't think that holds up in court. Just fly under the radar, don't make money off of the cover, don't promote yourself using said cover, and it'll stay unlikely that anyone cares.

If anything having people make the covers is a way to share the music.

 

[mobius017]

I don't think that holds up in court. Just fly under the radar, don't make money off of the cover, don't promote yourself using said cover, and it'll stay unlikely that anyone cares.

If anything having people make the covers is a way to share the music.

Granted. Not being a legal person by any means, I'd guess you might be able to make the argument in court, but you would probably lose. Probably what I should have said falls more along the lines of what you said--if the original producer provides their files, they could still take you to court if they chose, but the implication is that they aren't going to decide to do so (because they are ok with people using those files).

 

[uncreepy]

I don't remember the link of one of the articles I've read, but the advice for people doing legal remixes for example, is that you need permission for the artist's record label. The artist might think it's okay for you to cover their song, but the record label ends up owning the final master to a song by an artist. You can go to a record label's website and they have a form you fill out and you have to be very specific about what you are using the song for (putting in a video, doing a live cover, etc), it changes how much it costs to use the song depending on how you'll use it.

For the song you linked to on Nico Nico Commons, it says you can only upload your version to Nico Nico Commons. It says if used for NON -commercial purposes, you do not have to ask permission. The agreement before you download says if you want to use it commercially to negotiate before proceeding (separate permissions).

The icons to the right of the title say:
1. For use on Nico Nico Commons only
2. Separate permissions required
It's just a shorter version of what you agree to before you download.

Umm, as for who the record label is... I checked VocaDB I can't figure out the website for UMA, but another label they were under was Exit Tunes. Here is an example of the form you have to fill out for permission: 採用情報 | EXIT TUNES I think the relevant one is #1 "CD・DVD・ゲームなど ..." I didn't notice any prices on there, but I have looked at Sony Japan's site in the past and it's more transparent. (Not related to Junky, though, but helpful for explanations.)

Sony Music | ソニーミュージック オフィシャルサイト
It shows some prices and has a breakdown of the many steps it takes to go back and forth between them.

I don't have enough time to write out much more, I have to leave for work soon. I guess ask if you need to and we can try to figure out this together. I've never filled out a form like these before, but I would be interested in learning more.

Edit: Fixed stupid VocaDB link.

 

[mobius017]

Wow, thanks a lot uncreepy! I may have to give this some thought. I'm really just doing covers for fun/to learn, and the ability to share them would be beneficial as far as allowing for the opportunity for feedback and making the effort somewhat more rewarding. But it seems like there are a lot of legal weeds involved, as well as expense (I've actually done some research into this, as well, and apparently there are even royalties involved. Which, in an online environment, means you can only really keep the cover up for so long in order to avoid exceeding the number of views you pay for.). It may end up being better just to practice on my own until I'm ready to try to make something original.

I thought at least some of the work on piapro(ピアプロ) was made available with a license that let others use it, though? Maybe I could pick from that pool.