Hi there, I want to do a cover version of a song but with my own lyrics. The instrumental of the original would be used however. It would be for Youtube and mixtape promo only and not for sale. Is this illegal?"
The original recording, even the separate tracks, are copyrighted and can not be used by you without the owner's permission.
Distribution of a song which you performed is also governed by copyright law. If youlyrics to over it record your interpretation of a song written by another artist, you have to pay royalties, even if the copies are given away for free.
Damocles is correct.Here are a couple of examples.Brian Wilson of The Beach Boys
"borrowed" the melody from the song "Sweet Little Sixteen" by Chuck Berry when he
wrote "Surfing USA" but on the record label he gives co writer status to Berry.
When George Harrison wrote lyrics to over itand recorded "My Sweet Lord " in 1970 he allegedly
unknowingly used the same melody as The Chiffons 1963 hit "He's So Fine".Ronnie Mack
who wrote it sued Harrison for plagiarism and won.Harrison had to pay back royalties to
Mack.If I remember correctly Harrison eventually bought the copyrite to the tune.So make
sure you get expressed permission to do anything like what you are suggesting.
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