Is that cover song legally okay? Copyright basics every beginner band should know.

This article provides general information and does not constitute legal advice. For specific cases, please consult a lawyer or a specialized legal institution.

1. For those of you who have ever wondered, "Is this cover legally okay?"

When I first started my band, I remember feeling anxious at times about "covering and playing songs we like." "If we play popular songs at a live music venue, will we have to pay royalties to someone?" "Is it okay to upload cover videos to YouTube?" "Will someone trademark our band name without our permission?" You're not alone in having these kinds of questions. In fact, they're very natural anxieties that many people who start a band feel at some point.

This article aims to address common copyright, trademark, and contract-related questions that beginner bands often encounter during their activities, using the simplest language possible. However, it's important to understand from the outset that this article only presents "general concepts" and is not a substitute for legal advice from a lawyer. Since the answers often vary depending on individual circumstances, if you encounter specific problems or are unsure about contractual decisions, we recommend consulting a professional, referring to the consultation services mentioned later.

Membo , the service we operate, is a multilingual service for finding band members, and while legal matters may seem mundane at first glance, I believe they are actually the foundation for "continuing a band for a long time with peace of mind." I would be happy if, after reading this article, any vague anxieties you may have turned into a sense of security from knowing the facts.

To summarize the scope of this article, it can be broadly divided into three categories: ① Copyright in performance settings (live venues, studios, social media posts), ② Protecting your own work (original songs, band name, music distribution), and ③ Agreements between people (rights distribution among members, contracts). The points of interest will likely change depending on the phase of your band's activities, so feel free to choose the chapter that is most relevant to you from the table of contents. However, for those encountering this topic for the first time, reading in order will likely help you grasp the overall picture.

2. What are JASRAC and NexTone? The mechanism of "blanket licensing" between live music venues and studios.

For beginner band members, the first copyright-related term they'll likely encounter is JASRAC (Japanese Society for Rights of Authors, Composers and Publishers). Established in 1939, JASRAC is a general incorporated association that manages music copyrights. On behalf of rights holders such as lyricists, composers, and music publishers, it grants licenses for performance and reproduction rights, and collects and distributes royalties. In recent years, NexTone has also gained prominence as another music copyright management organization, and these two companies are generally said to account for a large portion of music copyright management in Japan.

One of the first things beginner bands should know is the "blanket licensing" system. Many live music venues and music studios have pre-established comprehensive licensing agreements with organizations like JASRAC and NexTone. Under these agreements, the venue pays a lump sum annual or monthly usage fee, eliminating the need for individual performers to obtain permission or pay usage fees for each song played within the venue. In other words, in most cases, when you play cover songs at a live music venue, you will rarely need to contact JASRAC directly.

However, this only applies if the venue has a blanket agreement in place. Not all venues have blanket agreements, and you may be required to submit a setlist. Once your performance is confirmed, it's a good idea to check with the venue or studio staff about their copyright policies. This check may seem troublesome, but it's especially worthwhile to ask beforehand if it's your first time performing at that venue. Along with the basics of sound production during a live performance , it's a good idea to remember this as one of your pre-performance checklist items.

JASRAC has been involved in several incidents that have sparked social debate. For example, the issue of collecting copyright royalties from music schools has been debated both within and outside the industry for many years, and it has been reported that it was finally resolved in 2025 with a settlement and revision of royalty rates. As this history shows, the rules for applying copyright are not fixed, but are gradually reviewed in accordance with the times and the realities of the industry. As a beginner band member, it is a good idea to keep checking "what the current general practice is" each time.

Are there any situations where an individual actually has to pay anything for performing at a live music venue?

Within the scope of a blanket agreement, the venue usually covers the costs, and it is believed that there are limited instances where individual performers pay royalties for each song. However, in cases that exceed the scope of a typical blanket agreement, such as large-scale events, special performances, or projects that heavily feature songs by overseas artists, the organizers may need to obtain individual permission. If you are concerned, it is best to check with the venue or event organizer during the planning stage.

3. Things individuals should and shouldn't worry about when playing in a cover band

For many musicians who perform as cover bands , the biggest concern is probably whether their performances are copyright-free. It's important to clarify here that the term "cover band" is a Japanese-made English term used to refer to bands that perform existing songs with little to no arrangement. Overseas, they are sometimes called "cover bands," and when they recreate the performances of disbanded bands, they are sometimes called "tribute bands."

Here's a rough breakdown of what you should and shouldn't worry about as an individual:

What I've observed from watching many cover bands is that, surprisingly, many are unaware that copyright issues change at the stages of recording, streaming, and posting on social media, rather than being anxious about the act of "performing" itself. There are situations where the legal treatment differs between live performances at a venue and recording or filming those performances and releasing them to the public. I will discuss these differences in detail in the chapter on social media and YouTube posting . For now, just keep in mind the general idea that "you can generally enjoy live performances at venues with peace of mind under a blanket license agreement."

Frequently Asked Questions | Cover Band Performance Experience

Q. Is it okay to perform cover songs at school festivals/cultural festivals?

A. Since school events are not for profit, performances may be permitted without performance rights permission if they meet the "non-profit, free, and unpaid" requirements under copyright law. However, the situation may change if there is a paid admission or sponsorship, so it is best to check with the organizing committee or school in advance.

Q. What would you do if you were asked to play a cover song at a friend's wedding?

A. While some wedding venues and reception halls have contracts with music copyright management organizations, it is said that this does not apply to all venues or all aspects of the event. If you have requested a performance, it is best to confirm the copyright handling with the venue's bridal staff.

Q. Why do you perform cover songs during street performances?

A. In many cases, street performances are not covered by the facility's blanket contract, and performances tend to be left to the individual's judgment. Depending on the municipality, a permit may be required for street performances themselves, so in addition to copyright, it is necessary to check the rules regarding road use and public spaces.

Q. Does copyright apply to individual practice sessions in a practice studio?

A. Generally speaking, using a practice studio for personal practice or band practice, as described in our practice studio rental guide , is unlikely to cause any problems. You can generally assume that you don't need to be overly concerned about copyright. However, please note that recording or filming your practice and making it publicly available is a different matter.

4. When does copyright for original music arise? Practical steps for documenting the process.

When you move beyond being a cover band and start creating original songs , you then need to consider "how to protect your own copyright." In Japan's copyright system, it is generally understood that copyright automatically arises the moment a work is created, and unlike patents and trademarks, registration with a government office is not a condition for the creation of rights. In other words, the moment you create a melody or lyrics, it is already protected as your copyrighted work.

However, "no registration required" does not mean "no need to keep evidence." When a problem actually arises, having objective evidence to show "when, who, and which song was created" makes a big difference in how easily discussions can be resolved. Here are some methods of evidence preservation that are easy for beginner bands to implement in practice:

• Keep dated recordings and videos : Even recordings of singing and playing an instrument on a smartphone can be considered strong evidence if the date is recorded.
• Save composition notes and lyric notebooks with dates : the automatic save date and time to cloud storage can also be useful information.
• Sending a demo recording to yourself via email : This is a simple, long-standing method that leaves an objective record of the sending date and time.
• If you have collaborators, make a note of who created which part (more details will be explained in the following section ).

These records will also be useful when you consider distributing your music or signing a record label contract in the future. As mentioned in the music distribution guide , organizing who created which song and when before you start distributing it will make subsequent communication smoother.

Another useful practical tip is how to use the "© (copyright mark)". While the Japanese copyright system generally considers copyright to exist even without the © symbol, clearly stating "© Year of Publication Lyricist/Composer Name" on audio data and distributed materials is a widely used practical method to clearly indicate the ownership of rights to third parties. When distributing demo recordings as a band or posting music on social media, making this kind of notation a habit will make explaining rights issues later on much smoother.

5. Should a band name be trademarked? Prior use rights and practical checks.

When considering how to choose a band name , one aspect that is often overlooked is the trademark perspective. A trademark is a mark used by a business to distinguish its goods or services from others, and Japan generally employs the first-to-file principle, meaning that "the person who files the application first has priority." In other words, even if your band started its activities first, if someone else registers your band name as a trademark first, the legal priority may transfer to them.

This is where the concept of "prior use rights" comes in as reassuring. Generally speaking, if you have been continuously using a name before someone else registers it as a trademark, and have achieved a certain level of recognition, you may be granted rights that can be asserted against the later-registered trademark holder. However, the standard for "a certain level of recognition" is said to vary depending on the individual circumstances, so simply "having used it first" does not automatically guarantee security.

When deciding on a band name, here are some essential things that beginners should check:

• Search on social media and music streaming services to see if any bands with the same or similar names are already active.
• Check the Japan Patent Office's trademark search database to see if there are any identical or similar registrations in the same category (e.g., music-related services).
• If you aim for nationwide distribution or are considering collaborations with other companies, you should consult with a specialist (patent attorney) regarding whether trademark registration is necessary.
• Secure domain names and social media account names at the same time (this is not a legal issue, but it helps prevent practical problems).

Not all bands need to register trademarks. For those operating as a hobby, a light check of the above steps is often sufficient. On the other hand, if you are planning to sell CDs or merchandise, or perform live nationwide, it is recommended to consider trademarks early on. For more information on how to choose a band name, please see our article "How to Choose a Band Name | 5 Rules to Avoid Mistakes, 6 Naming Patterns, and 5 Steps to Check for Duplicates ," which explains the process in detail.

When actually considering trademark registration, the general process involves the following steps: "Application (to the Japan Patent Office) → Examination (which can take several months to a year) → Registration." The cost varies greatly depending on whether you apply yourself or hire a patent attorney, and also fluctuates depending on the number of classes, so it's impossible to give a general figure. However, comparing quotes from multiple patent attorney firms before hiring one is one practical tip. I have the impression that many people start considering trademark registration of their band name when their activities are on track and the name itself begins to be recognized as a "brand." There is no need to rush into registration from the beginning, but just keeping the option of "what if I consider it in the future" in the back of your mind will help you make a quicker decision when the time comes.

6. How far can you go with SNS/YouTube posts? Cover videos and blanket licensing.

One of the most common questions from beginner bands is, "Is it okay to post cover performance videos on YouTube, Instagram, and TikTok?" Understanding this is easier if you know that some platforms have individual, comprehensive licensing agreements with organizations like JASRAC and NexTone. In fact, YouTube has stated that it has a comprehensive agreement with JASRAC for music managed in Japan. Under this agreement, individuals do not need to obtain individual permission from JASRAC for the music included in their videos.

However, there are a few points to keep in mind.

• Contractual conditions change depending on the platform : Just because permission has been obtained for one service does not mean that the same treatment will be given for another service.
• Some songs may have restrictions on distribution : It is said that some songs have restrictions on secondary use due to the wishes of the record company or artist.
• When using other people's audio sources (CD audio or artist's video) in a video, the perspective of neighboring rights also comes into play (see the next chapter for details).
• If significant arrangements are made, the rights of arrangement and adaptation may also come into play.

From a practical standpoint, it's generally said that posting audio and video recordings of your own performances using the platform's standard features is unlikely to cause major problems in most cases. On the other hand, cases such as using other people's audio recordings as is or dealing with songs whose distribution is restricted become more difficult to judge, so if you're unsure, it's safer to refrain from posting, check the platform's help page or JASRAC's guidelines, or consult an expert. We also introduce tips for using social media as a band , so please refer to that as well.

A rough overview of the trends for each platform is as follows:

Since the terms of service and guidelines of all platforms are updated regularly, it's best not to blindly accept information like "it was okay before," and to make it a habit to check the latest help page before posting.

7. What are master recording rights and related rights when distributing audio?

When considering music distribution , the terms "copyright" and "related rights" come into play. Related rights are explained as rights granted to those who, while not the creators of the work itself, play a role in spreading the work to the world—performers (musicians and singers), record producers, broadcasters, etc. In Japan's Copyright Law, these are stipulated in Articles 89 to 104, and internationally, frameworks such as the Rome Convention are relevant.

In relation to band activities, "master recording rights" are particularly important. Master recording rights refer to the rights to the recorded sound source itself, and are generally held by "the person or company that produced the recording." If a band independently produces and records their music, bearing the costs themselves, in most cases the band will own the master recording rights. However, if a label or producer bears the production costs, the ownership of the master recording rights may vary depending on the contract.

To summarize, it can be said that at least the following three rights issues are involved when a band releases a single song for streaming.

When registering your music with streaming services, many streaming agencies (aggregators) provide registration forms that assume this organization is already in place. Confirming who the copyright holder and who the master recording rights holder are among the band members beforehand will make the streaming registration process smoother. For detailed instructions on how to get started with streaming, please refer to our "Complete Guide to Band Music Releases: How to Release to the World Without a Label on Spotify and Apple Music ."

Let's also touch upon the protection period for neighboring rights. Under Japanese copyright law, rights related to performances and sound recordings (master recordings) are generally protected for 70 years from the date of performance or release of the sound recording (the protection period was extended in a 2018 amendment). It is safe to assume that this concept of protection period also applies to the band's own performances and recordings. However, beginner bands don't often need to be conscious of protection periods in their daily activities, so it's sufficient to understand the general idea that "there are rights to the recording itself, and these are handled separately from the copyright of lyrics and composition."

8. How to prevent disputes over collaborative work and rights distribution among members

As the creation of original songs progresses as a collaborative effort within a band, the question of "whose copyright does this song belong to?" becomes unavoidable. The more people involved—the member who composed the music, the member who wrote the lyrics, the member who made significant changes to the arrangement—the more likely it is that discrepancies in understanding will arise later, such as "that part was my idea."

These kinds of problems are generally said to be more likely to occur in bands that proceed based solely on verbal agreements. Here are some preventative measures that beginner bands can easily implement:

• Keep a brief note for each song indicating "who created what" (e.g., composer, lyricist, contribution to arrangement, etc.).
• Before releasing a song, all members should discuss how royalties and profits will be distributed (whether to split them equally or according to each member's contribution).
• If a member leaves the band, it's important to decide in advance what to do with songs they've previously created together.
• To prevent misunderstandings about what was said, keep a record of the discussion's conclusion in a simple email or chat message.

Even if it's difficult to go as far as drawing up a formal contract, simply "writing down what you've decided" can significantly reduce misunderstandings later on. Our guide to creating original songs with your band, "A Complete Guide to Composing and Arranging for Bands from Beginners ," also introduces some ideas for collaborative work, so please refer to that as well. I feel that the more frequent the member changes in a band, the more valuable it is to make these kinds of agreements from an early stage.

One aspect that is often overlooked is "how to handle things after a member leaves the band." Whether former members are allowed to perform songs they wrote together while in the band after they've left, and how any profits generated will be distributed—these are points that tend to escalate into emotional conflicts if discussed only after a member has actually left. If possible, it's recommended to have a hypothetical discussion about "what to do with past songs if someone leaves" during the early stages of the band's formation, or when releasing your first original song. Because it's during peacetime, when no member has actually left, you can have a calmer discussion about these things.

9. Copyright in live streaming and online broadcasts

In recent years, in addition to performances at live music venues, online live performances using streaming platforms have become commonplace. While the basic principles of online live performances are said to be largely the same as live performances at a venue, there are a few additional points to keep in mind.

• Before distributing your music, check whether the platform has a comprehensive agreement with a music copyright management organization (this information is often found on the platform's help page).
• When a recording of a live stream is made available as an archive at a later date, it may be treated differently from the live stream.
• For live streams originating from a venue (live music venue), both the venue's contract and the streaming platform's contract are involved , so it's best to confirm with the venue staff.

Since the COVID-19 pandemic, live streaming has become an important option, especially for bands based in rural areas or those wanting to connect with fans overseas. The basics of sound production introduced in our Sound and PA Beginner's Guide are also useful for improving the sound quality of live streams. Before starting a stream, we recommend that you take a look at the music usage guidelines of the platform you will be using.

Another thing to keep in mind when planning a live stream is the case of "revenue-generating streams," such as those with donations or ticket systems. Since copyright handling may differ between free live streams and paid ticketed streams, it is especially recommended to carefully check the venue's and platform's guidelines in advance if you are planning a stream that will generate revenue. As this will increase the procedures that the band needs to prepare, it is best to plan the schedule with plenty of leeway from the planning stage.

10. What kind of contracts are needed? (Live house appearances, between band members, record labels, studios)

As your band activities become more serious, you'll encounter the word "contract" in various situations. While a formal contract isn't necessary for every situation, it's reassuring to have a general understanding of the agreements that might be involved in each scenario.

One area that requires particular attention is the contract with the record label. Once a band gains momentum and starts receiving offers from labels, the contract will likely contain many technical clauses. Questions such as "How does the royalty rate compare to industry standards?", "Who owns the master recording rights?", and "What happens if another label approaches us during the contract period?" are difficult for beginners to judge on their own. Having a lawyer specializing in music-related contracts review the contract before signing is not an overreaction, and it is a basic self-protection measure that many professional musicians are said to practice.

Starting as a cover band , then creating original songs , releasing music digitally, and eventually signing with a record label, the types of contracts you'll be involved with will change as your band grows. I recommend being aware of which stage you're currently at and gradually acquiring the necessary knowledge.

It's not uncommon for misunderstandings to surface later on as a result of proceeding with activities without a written contract. For example, consultations about issues such as "royalty distribution agreed upon verbally but then being contradicted by members once revenue is generated, with some claiming 'no such agreement was made'" or "not realizing that the label contract included an exclusive obligation clause, resulting in restrictions on other activities" are frequently discussed as contract disputes in the music industry. Many of these misunderstandings can be largely prevented simply by documenting the contract terms in writing rather than verbally. We strongly recommend getting into the habit of keeping simple agreements in notes or emails from the early stages of your band's development.

11. Consultation Services for When You're in Trouble | Lawyer/Copyright Consultation Service

The information presented so far is merely a general overview. If you are actually asked to sign a contract or encounter copyright disputes, it is recommended that you consult a specialist as soon as possible. Here are some resources that are easy for beginner bands to use:

• The Copyright Information Center (CRIC), a public interest incorporated association , has a telephone consultation service for copyright-related matters, where you can inquire about general copyright-related questions.
• The Agency for Cultural Affairs' copyright policy page provides access to resources such as Q&A on the copyright system in general and a system to support the creation of copyright agreements.
• Law firms specializing in music-related contracts : A reliable resource for consultations regarding situations requiring highly specialized judgment, such as label contracts and trademark registration.
• Legal consultations are offered by bar associations in each prefecture : Some bar associations offer free or low-cost consultations for the first time.

Saying "I'll consult a lawyer" might sound like an exaggeration, but many consultation services can help with "minor checks" before a serious problem develops. In fact, I believe that checking things out at the small stage of your doubts is the quickest way to prevent major problems from occurring in the first place.

When seeking advice, organizing the following information beforehand will help ensure a smoother exchange.

• Please clarify what you want to confirm (whether it's about the performance, the contract, or the trademark).
• Relevant dates and circumstances (when the song was written, when the contract was signed, when the trouble came to light, etc.)
• Any evidence or documents you have on hand (audio recordings, email correspondence, copies of contracts, etc.)
• What do you want to do? (Do you want to resolve the dispute amicably, or clarify your rights, etc.)

Simply organizing this information will make explaining your situation at the consultation desk much smoother and make it easier to receive accurate advice. Even if you're nervous about your first consultation, bringing a memo summarizing the key points will help prevent you from forgetting to mention anything.

12. Summary | Knowing the law is preparation for enjoying your band for a long time.

This article has systematically addressed common questions about copyright, trademarks, and contracts that beginner bands often have—including the mechanisms of JASRAC and NexTone's blanket licensing agreements, things to consider when playing cover songs, when copyright for original songs is created, trademarks for band names, posting on social media and YouTube, master recording rights and related rights, rights distribution among band members, live streaming, types of contracts, and where to seek advice.

Let me reiterate that this article is a general explanation of common concepts and not legal advice. Many situations require different judgments, and if you are actually asked to sign a contract or face specific problems, we strongly recommend consulting with the experts introduced by our consultation service .

However, I believe that having even a vague understanding of the overall legal framework won't stifle band activities, but rather prepare you to continue making music with peace of mind for a long time. Just going from a state of "I'm scared because I don't know" to "I know roughly how it works" makes a huge difference in your peace of mind. Whether you're just starting out as a cover band , writing original songs , or considering distributing your music , I hope the basic knowledge introduced in this article will support your future activities.

One last thing I want to emphasize is that the information presented in this article is merely general advice and cannot be applied to your band's specific situation. If you are asked to sign a contract or if you see signs of trouble, please do not hesitate to seek advice from a support service. Consulting with a professional is neither an exaggeration nor something to be ashamed of. Rather, I believe it is a sign of a mature musician's attitude, one that will allow them to continue making music for a long time.

If you're looking to start a band or find band members to play with, be sure to check out Membo . If you have any problems, please also check out Membo's help page , Membo user guide , app usage page , Membo announcements page , and writer information page.