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Talk:Prerelease cover version

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Latest comment: 11 months ago by Qzekrom in topic Legality

Legality

[edit]

I don't think this practice is legal in the United States, as the Techdirt source claims. It claims that Mechanical royalties (in the US) allow for covers once the original artist has recorded the song (not “recorded and published” or “recorded and made available for purchase”)., citing an older version of the Royalty payment Wikipedia article.

But under the Copyright Act of 1976, the composition has to have been distributed to the public before any cover recordings can be made. This is the version of the law that was in effect before the Music Modernization Act (via Wikisource:

When phonorecords of a nondramatic musical work have been distributed to the public in the United States under the authority of the copyright owner, any other person may, by complying with the provisions of this section, obtain a compulsory license to make and distribute phonorecords of the work....

Qzekrom (she/her talk) 22:59, 15 August 2025 (UTC)Reply