pre-release cover version

{{recentism|date=October 2013}}

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. This practise takes advantage of a 'release window'; it occurs when an upcoming song receives much airplay despite not yet having been released.{{cite web|url=http://www.digitalspy.co.uk/music/news/a387429/fake-maroon-5-payphone-song-may-reach-singles-top-ten-on-sunday.html|title=Fake Maroon 5 'Payphone' song may reach singles top ten on Sunday|date=14 June 2012|publisher=Digital Spy|accessdate=22 September 2013}} Pre-release cover versions are common in the UK because of the unique situation there in that songs by big acts get weeks of airplay before being released,{{cite web|url=http://www.techdirt.com/articles/20120704/19004819580/throwing-rocks-through-your-windows-cover-artists-beating-original-artists-to-market.shtml|title=Throwing Rocks Through Your Windows: Cover Artists Beating Original Artists To Market|date=5 July 2012|publisher=Techdirt.com|accessdate=18 September 2013}} giving cover artists enough time for session musicians and computer experts to record a near-exact cover version of the song.{{cite web|url=https://www.telegraph.co.uk/culture/music/music-news/9367019/Maroon-5-and-the-new-phenomenon-baffling-the-music-industry.html|title=Maroon 5 and the new phenomenon baffling the music industry|publisher=The Sunday Telegraph|accessdate=18 September 2013}} For example, UK number one "Talk Dirty" by Jason Derulo featuring 2 Chainz,{{cite web|url=http://www.officialcharts.com/chart-news/jason-derulo-knocks-katy-perry-off-the-top-of-the-official-singles-chart-2502/|title=Jason Derulo knocks Katy Perry off the top of the Official Singles Chart|publisher=The Official Charts Company|accessdate=22 September 2013}} made No. 71 the week before it made No. 1 in the form of a pre-release cover version by Select Hits.{{cite web|url=http://www.officialcharts.com/artist/_/select%20hits/|title=SELECT HITS|publisher=The Official Charts Company|accessdate=22 September 2013}} 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,{{Cite web|url=https://www.officialcharts.com/artist/7482/can-you-blow-my/|title = CAN YOU BLOW MY | full Official Chart History | Official Charts Company|website = Official Charts}} causing Rida's record label to rush-release the song mid-week.{{cite web |url=https://www.nme.com/news/nme/64346 |title='Fake' version of Maroon 5's 'Payphone' could reach the top ten before original |publisher=IPC Media |work=NME |date=June 15, 2012 |accessdate=2012-06-19}} Avicii's "Wake Me Up!" was intended to be released on 8 September 2013{{cite web|url=http://brandnite.org/2013/06/17/avicii-wake-me-up/|title=Avicii 'Wake Me Up!' (PRMD / Island Def Jam) {{!}} Release UK: 8 September {{!}} R.O.W: 17 June|publisher=brandnite.com|accessdate=25 July 2013|archive-url=https://web.archive.org/web/20130828230621/http://brandnite.org/2013/06/17/avicii-wake-me-up/|archive-date=28 August 2013|url-status=usurped}} however on 15 July 2013 the Official Charts Company announced that it would be released that week{{cite web|url=http://www.officialcharts.com/chart-news/this-weeks-new-releases-15-07-2013-2355/|title=This week's new releases 15-07-2013|publisher=The Official Charts Company|accessdate=25 July 2013}} after a group called Spark Productions recorded a pre-release cover version and made No. 26 on the UK Singles Chart with it.{{cite web|url=http://www.officialcharts.com/artist/_/spark%20productions/|title=SPARK PRODUCTIONS|publisher=The Official Charts Company|accessdate=25 July 2013}}

A successful pre-release cover version is Precision Tunes' version of Maroon 5's "Payphone", which sold 34,492 copies and charted in the top ten on three charts.{{cite web|url=http://www.officialcharts.com/artist/_/precision%20tunes/|title=PRECISION TUNES|publisher=The Official Charts Company|accessdate=16 September 2013}}{{cite web|url=https://www.officialcharts.com/charts/scottish-singles-chart/20120617/41/|title=2012-06-23 Top 40 Scottish Singles Archive|publisher=Official Charts Company|accessdate=21 September 2013}}{{cite web|url=https://www.officialcharts.com/charts/independent-singles-chart/20120617/130/|title=2012-06-23 Top 40 Independent Singles Archive|publisher=Official Charts Company|accessdate=21 September 2013}} After The Sunday Telegraph tracked him down, he said that "We have currently restructured [PT Records] 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".{{cite web|url=http://www.thecmuwebsite.com/article/editors-letter-stop-me-if-youve-heard-this-one-before/|title=Editor's Letter: Stop me if you've heard this one before|publisher=Complete Music Update|accessdate=22 September 2013}}

Legal status

While the practice is legal, the area of licensing they are operating in has been described by PRS for Music as "tricky".{{cite news|url=http://www.bbc.co.uk/newsbeat/18690145|title=Musicians missing royalties over copy-cat chart songs|work=BBC News|date=4 July 2012|accessdate=21 September 2013}} 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". {{quote|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}}

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.{{cite web| url=http://www.straightdope.com/classics/a1_324b.html| title=Must you get permission to record someone else's song?| publisher=The Straight Dope| date=April 21, 1978 | accessdate=2009-04-19}}

References