What Is a Song Cover? Do You Need Permission Before Creating One?

If you love music and want to create your own renditions of popular songs, understanding what a song cover is and whether you need permission to produce one is crucial. This article will clarify the concept of covering a song and, more importantly, explain the legal aspects under Vietnamese copyright law. BH Media will guide you through the conditions that require permission and the potential legal consequences of unauthorized covers—helping you create freely while remaining compliant with the law.

What Does “Cover” Mean?

The word “cover” in English has multiple meanings depending on the context, and it can function as both a noun and a verb.

As a Noun

“Cover” as a noun generally means an outer layer or something that conceals or protects:

• Literal meaning: such as a book cover, pillowcase, pot lid, or plant cover.
• Figurative meaning: used to describe appearances that might hide someone’s true character (e.g., “Don’t judge a book by its cover”).

In military contexts, “cover” can mean support or protection during combat.

As a Verb

As a verb, “cover” implies:

• To shield or hide something, like clouds covering the sky.
• To dress oneself (different from “wear”), often with an emphasis on protection or modesty.
• It also has extended meanings like:
  • To compensate (e.g., for expenses or emotional needs),
  • To occupy or control an area or situation,
  • To remain distant or unapproachable emotionally.

Ngoài ra người dùng có thể tham khảo thêm một số nội dung liên quan khác như:

• Hướng Dẫn Đăng Ký Quyền Tác Giả Mới Nhất 2025
• Hiểu Rõ Quyền Tác Giả Âm Nhạc: Khái Niệm, Phạm Vi và Quyền Lợi
• Quyền Của Người Biểu Diễn: Khái Niệm, Phạm Vi Bảo Hộ Và Quy Định Pháp Luật

Common Uses Across Fields

Depending on the context, “cover” is widely used in four key areas:

• Music: Performing a previously released song again.
• Design: Refers to the cover image of books, albums, or videos.
• Media/Journalism: Reporting on events or issues.
• Gaming: Providing support or protection for teammates.

What Is a Song Cover?

The Cover Trend

The cover trend emerged around 2014 with the global explosion of K-pop, especially on social platforms like YouTube. Inspired by Korean groups’ music, choreography, and performance styles, fans worldwide began recreating their favorite moments through song and dance covers. This marked the beginning of a wave of content that’s now essential in the creative ecosystem.

Types of Covers

Dance Covers
A dance cover recreates all or part of a song’s original choreography. Initially casual recordings in practice rooms, modern dance covers often feature coordinated outfits, cinematic backgrounds, and choreographed scenes. While the music and moves may be reused, each group adds their own flair through facial expression, formation, and style. Today, dance covers are recognized through local and international competitions that highlight young talent.

Vocal Covers
Unlike dance covers, vocal covers focus on reinterpreting a song using one’s own voice and musical sensibility. What began as simple videos recorded with a beat and a webcam has evolved into a wide range of cover styles:

• Traditional Covers: Singing the original song over a karaoke/instrumental track.
• Acoustic Covers: Performed with guitar, piano, or acoustic instruments for a more intimate feel.
• MV Covers: Full-scale video productions with actors, arranged music, and visual storytelling.

Many young artists have gained recognition through their vocal covers thanks to their emotional expression and unique sound. Covering is no longer seen as imitation—it’s a creative reinterpretation that brings emerging performers closer to the public.

Legal Aspects of Covering a Song

Under Article 14 of Vietnam’s 2005 Intellectual Property Law (amended in 2009), musical works are protected by copyright. Protected works include:

• Literary works, textbooks, and teaching materials,
• Speeches and lectures,
• Journalism,
• Music,
• Stage plays, films, artworks, architecture, photography,
• Software and data compilations,
• And derivative works (translations, adaptations, transformations), provided they don’t infringe upon the original.

However, for a work to be protected, it must be an original intellectual creation—not a copy of someone else’s work.

Article 25 of the amended IP Law outlines exceptions where copyrighted works can be used without permission or payment, including:

• Personal research or education,
• Fair quotations for commentary or news,
• Non-profit cultural performances,
• Teaching purposes (recordings),
• Conversions for visually impaired audiences.

So, covering a song for personal, non-commercial use—without changing the original message—is generally not considered a copyright violation.

However, if you post the cover publicly on platforms like YouTube or TikTok—especially with monetization or promotional intent—you must obtain permission from the copyright holder or go through authorized distributors like BH Media to ensure compliance and avoid legal disputes.

Do You Need Permission to Cover a Song?

The idea of covering songs is not new, but the legal implications are becoming increasingly relevant in the age of social media. Covers enrich the music scene by helping popular songs reach new audiences and extend their lifespan. Artists like Đàm Vĩnh Hưng, Cao Thái Sơn, and Bảo Anh have even held cover contests to promote their music.

Some covers even outperform the original:

• Thùy Chi moved audiences with her rendition of “Việt Nam trong tôi là” on The Masked Singer Vietnam.
• Hoàng Dũng and Orange garnered over 5 million YouTube views for their cover of “Dành cho em”.
• Trung Quân was praised for covering “Cô đơn trên sofa”.

Composer Đông Thiên Đức (author of “Ai chung tình được mãi”) acknowledged: “The more people cover a song, the stronger its impact. It’s a symbiotic relationship between composer and cover artist.”

However, legally:

• If a song is exclusively owned by a singer, the cover artist must ask the singer for permission.
• If it’s not exclusive, permission must be obtained from the composer.

Cover artists are not allowed to:

• Distribute the recording without consent,
• Sell or stream it as a digital product,
• Use the original instrumental (beat) without a license.

According to the amended 2022 IP Law, song covers are considered derivative works or public performances, meaning:

• You must obtain permission
• You must pay royalties or licensing fees

Legal Consequences of Unauthorized Covers

Lawyer Trần Trọng Hiếu (Ho Chi Minh City Bar Association) warned:
“If you don’t seek permission, you could be fined VND 5–10 million and be required to remove all infringing content from the Internet.”

Copyright Infringement: Key Points

According to Clause 1, Article 20 of the amended IP Law and Decree 17/2023/NĐ-CP:

• A song cover without permission is a violation of the composer’s public performance right.
• If the cover involves changes to lyrics, melody, or arrangement, it may also violate derivative work rights.

Under Decree 131/2013/NĐ-CP:

• Fines range from VND 5 million to 10 million.
• Infringing content must be removed from the Internet.

Frequently Asked Questions

1. Who owns the copyright of a song?
   As per Articles 37–39 of the IP Law:

• The composer if they created the work independently.
• Co-authors if it was a collaborative piece.
• An organization or individual who commissioned the work under contract.

2. Do I need to pay to cover a song?
   Yes. According to Clause 3, Article 20:

• You must seek permission from the copyright owner.
  You must pay royalties or fees as agreed.

3. When could a cover lead to a lawsuit?
   Under Article 28:

• Distributing a work without all co-authors’ consent,
• Altering lyrics or message without permission,
• Creating a derivative work without authorization,
• Using the work without permission or royalty payments.

4. What are the penalties for unauthorized covers?
   Per Decree 131/2013/NĐ-CP:

• Fines of VND 5–10 million,
• Mandatory removal of the infringing content.

Conclusion

Song covers are a great way to showcase talent and creativity. However, covering songs—especially for public or commercial use—requires a proper understanding of copyright regulations in Vietnam. Even if it’s “just a cover,” using someone else’s song without permission can still be considered a violation.

If you’re a singer, YouTuber, or content producer looking to cover songs safely and legally, consider partnering with reputable copyright agencies like BH Media, which provides content licensing, copyright management, and music distribution in Vietnam.