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Comment by OneDeuxTriSeiGo

6 hours ago

> system of the down

System of a Down

> then remix it and it gets popular, their automated DRM system will probably C&D me and their label sue me to oblivion using the same AI.

Yes it will because remixing is not a cover. Remixing is a derivative work of the recording and therefore is subject to the terms of the mechanical license on the recording itself. The copyright on a recording is legally distinct from the copyright on the composition (the melody and lyrics).

You are protected under a provision of the Copyright Act of 1909 to modify and perform your own renditions of the original composition (provided it has been recorded previously). Provided you supply some level of original creative input and don't use the recording in your work, the original rights holder are required to provide you at no cost what is called a "mechanical license" for your cover granting you the right to distribute and sell the recording of your copyright.

In the past, granting of mechanical licenses was between parties (i.e. IP holder reaches out when they discover you made a cover and they grant you a license or you go to court and the court grants you the license. But as of 2021 a non profit body was formed under the guidance of the federal government to handle the blanket granting of mechanical licenses to any and all human covers (provided they did not use the original recording in their work).

If you sample the original work at all then you are now creating a derivative work of the recording and you must negotiate for a mechanical license (which is not required to be free). Likewise if you remix it.