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.[1] 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,[2] giving cover artists enough time for session musicians and computer experts to record a near-exact cover version of the song.[3] For example, UK number one "Talk Dirty" by Jason Derulo featuring 2 Chainz,[4] made No. 71 the week before it made No. 1 in the form of a pre-release cover version by Select Hits.[5] 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,[6] causing Rida's record label to rush-release the song mid-week.[7] Avicii's "Wake Me Up!" was intended to be released on 8 September 2013[8] however on 15 July 2013 the Official Charts Company announced that it would be released that week[9] after a group called Spark Productions recorded a pre-release cover version and made No. 26 on the UK Singles Chart with it.[10]
A successful pre-release cover version is Precision Tunes' version of Maroon 5's "Payphone", which sold 34,492 copies[3] and charted in the top ten on three charts.[11] [12] [13] After The Sunday Telegraph tracked him down, he said that "We have currently restructured [PT Records<ref name="telegraph"/>] 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".[14]
While the practice is legal,[2] 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]
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]