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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]

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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

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  1. ^ a b c "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. ^ a b c "Throwing Rocks Through Your Windows: Cover Artists Beating Original Artists To Market". Techdirt.com. 5 July 2012. Retrieved 18 September 2013.
  4. ^ a b c "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. ^ a b c "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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