Legal use of cover versions of music in markets?

Question

Mobile development

Hello.

The task is the following: I want to take popular pieces of music and make a cover version on them on the piano. Only music, no text ( example ). Then use these developments for your own purposes: in your mobile games in the Play Market and App Store. Of course, there will be ads in the game, meaning I will get commercial benefit from using these cover versions.

1. Is it legal to use these covers for such purposes without any kind of licensing and without receiving complaints from the copyright holders of the original music? I've surfed the sites of various distributors to license cover versions, nowhere is there a word about using it in such a case. Only the opportunity to earn on sales in streaming services, etc.

2. What is the policy of Google and Apple towards app publishers in this regard? If I still violate copyright and do not provide them with licenses and permissions to use music, then the markets will not let my game at the moderation stage? Or will they let me in, but when the copyright holder complains, the moderators will force me to either provide or remove the application from the market?

PS
1. There are quite a few games of the quiz genre in the stores now, a la guess the music. They use original works (not cover versions), some have over a million downloads. Do they have a license? If so, then getting so many licenses is a matter of a large amount of money (rather not profitable, after all). If not, then why are their games still in the markets and not deleted?

2. A similar question was asked on this site more than three years ago (link ). It would be interesting to know a more detailed answer from knowledgeable people.

Thank you!

Answer 1

If the cover version fully corresponds to the original, then you are the performer of the work, and not the author, the copyright remains with the author of the work (composer).
If you make any changes, you create a " derivative work ". You will own the copyright in the arrangement, but only "subject to the rights of the authors of the works used to create the derivative or composite work." By creating an arrangement without the consent of the author, you violate his rights .
In practice, royalties, for example for public use, are usually divided between the authors (composer, lyricist) and the performer, with the performer receiving substantially less than the author.

Answer 2

1. Copyright holders will have to prove that they suffered losses. You can cheat. But this area is very dark - I would advise you to consult a lawyer.
2. It's easier here. If there are covers and they are not very similar, then the second option will be allowed right away. Although it depends on the reviewer - but you can always file an appeal.
PS
1. Is there a full version of the song? ;-) Or 10 seconds