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 receives much airplay despite not yet having 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 number one "Talk Dirty" by Jason Derulo featuring 2 Chainz,[5] made No. 71 the week before it made No. 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; one example is when Can You Blow My covered Flo Rida's "Whistle" and making the top 40 at No. 38,[7] causing Rida's record label to rush-release the song mid-week.[8] Avicii's "Wake Me Up!" was intended to be released on 8 September 2013[9] however on 15 July 2013 the Official Charts Company announced that it would be released that week[10] after a group called Spark Productions recorded a pre-release cover version and made No. 26 on the UK Singles Chart with it.[11]

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.[12][13][14] 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]

While the practice is legal,[3] the area of licensing they are operating in has been described by PRS for Music as "tricky".[15] 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".[15]

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[15]

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.[16]

References
  1. "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. 14 June 2012. Retrieved 22 September 2013.
  3. "Throwing Rocks Through Your Windows: Cover Artists Beating Original Artists To Market". Techdirt.com. 5 July 2012. Retrieved 18 September 2013.
  4. "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. "CAN YOU BLOW MY | full Official Chart History | Official Charts Company". Official Charts.
  8. "'Fake' version of Maroon 5's 'Payphone' could reach the top ten before original". NME. IPC Media. June 15, 2012. Retrieved 2012-06-19.
  9. "Avicii 'Wake Me Up!' (PRMD / Island Def Jam) | Release UK: 8 September | R.O.W: 17 June". brandnite.com. Archived from the original on 28 August 2013. Retrieved 25 July 2013.
  10. "This week's new releases 15-07-2013". The Official Charts Company. Retrieved 25 July 2013.
  11. "SPARK PRODUCTIONS". The Official Charts Company. Retrieved 25 July 2013.
  12. "PRECISION TUNES". The Official Charts Company. Retrieved 16 September 2013.
  13. "2012-06-23 Top 40 Scottish Singles Archive". Official Charts Company. Retrieved 21 September 2013.
  14. "2012-06-23 Top 40 Independent Singles Archive". Official Charts Company. Retrieved 21 September 2013.
  15. "Musicians missing royalties over copy-cat chart songs". BBC News. 4 July 2012. Retrieved 21 September 2013.
  16. "Must you get permission to record someone else's song?". The Straight Dope. April 21, 1978. Retrieved 2009-04-19.
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