Pre-release cover version

In the music industry, a pre-release cover version is a type of cover version that arises when a cover artist releases a version of a song before the original artist does.[1] This practise takes advantage of a 'release window';[1] it occurs when an upcoming song has lots of airplay but has not yet been released.[2] Pre-release cover versions are common in the UK because of the unique[3] situation there in that songs by big acts get weeks of airplay before being released,[3] giving cover artists enough time for session musicians and computer experts to record a near-exact cover version of the song.[4] For example, UK #1, "Talk Dirty" by Jason Derulo ft. 2 Chainz,[5] made #71 the week before it made #1 in the form of a pre-release cover version by Select Hits.[6] Usually the original artist's record label will notice the cover version and release the original early; when Can You Blow My covered Flo Rida's "Whistle", Rida's record label rush-released the song mid-week.[7] Avicii's "Wake Me Up!" was intended to be released on 8 September 2013[8] however on 15 July 2013 the Official Charts Company announced that it would be released that week[9] after a group called 'Spark Productions' recorded a pre-release cover version and made #26 on the UK Singles Chart with it.[10]

A successful pre-release cover version is Precision Tunes' version of Maroon 5's "Payphone", which sold 34,492 copies[4] and charted in the top ten on three charts.[11][12][13] After the Sunday Telegraph tracked him down, he said that "We have currently restructured [PT Records[4]] and its employees, [and] are in the process of issuing takedowns [of our previously released covers] and researching accounting for those releases and plan to relinquish any monies made on the nine releases".[1]

Legal status

While the practice is legal,[3] the area of licensing they are operating in has been described by PRS for Music as "tricky".[14] Barney Hooper from PRS for Music said that along with record labels and publishers the trend was something they were "investigating" and "thinking about a bit more".[14]

Let's say if they chart very highly - that could be quite a bit of money that the performer who was meant to perform it would be losing out on. We want consumers to know that they are buying a track or a song that's by the people they think should be performing it.
— Barney Hooper[14]

In the United States, a songwriter has the preemptive right to determine who will record the first version of a song, making pre-release covers less common there.[15]

References

  1. 1 2 3 "Editor's Letter: Stop me if you've heard this one before". Complete Music Update. Retrieved 22 September 2013.
  2. ↑ "Fake Maroon 5 'Payphone' song may reach singles top ten on Sunday". Digital Spy. Retrieved 22 September 2013.
  3. 1 2 3 "Throwing Rocks Through Your Windows: Cover Artists Beating Original Artists To Market". Techdirt.com. Retrieved 18 September 2013.
  4. 1 2 3 "Maroon 5 and the new phenomenon baffling the music industry". The Sunday Telegraph. Retrieved 18 September 2013.
  5. ↑ "Jason Derulo knocks Katy Perry off the top of the Official Singles Chart". The Official Charts Company. Retrieved 22 September 2013.
  6. ↑ "SELECT HITS". The Official Charts Company. Retrieved 22 September 2013.
  7. ↑ "'Fake' version of Maroon 5's 'Payphone' could reach the top ten before original". NME. IPC Media. June 15, 2012. Retrieved 2012-06-19.
  8. ↑ "Avicii 'Wake Me Up!' (PRMD / Island Def Jam) | Release UK: 8 September | R.O.W: 17 June". brandnite.com. Retrieved 25 July 2013.
  9. ↑ "This week's new releases 15-07-2013". The Official Charts Company. Retrieved 25 July 2013.
  10. ↑ "SPARK PRODUCTIONS". The Official Charts Company. Retrieved 25 July 2013.
  11. ↑ "PRECISION TUNES". The Official Charts Company. Retrieved 16 September 2013.
  12. ↑ "2012-06-23 Top 40 Scottish Singles Archive". The Official Charts Company. Retrieved 21 September 2013.
  13. ↑ "2012-06-23 Top 40 Independent Singles Archive". The Official Charts Company. Retrieved 21 September 2013.
  14. 1 2 3 "Musicians missing royalties over copy-cat chart songs". BBC. Retrieved 21 September 2013.
  15. ↑ "Must you get permission to record someone else's song?". The Straight Dope. April 21, 1978. Retrieved 2009-04-19.
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