Cover Song Licensing: A U.S. Guide to Recording and Releasing Covers

If you record someone else’s song, you generally need permission to reproduce and distribute the musical composition—even when you make your own recording. In the United States, Section 115 of the Copyright Act can provide a compulsory mechanical license for eligible recordings of nondramatic musical works. That license is not universal: it does not give you the original artist’s master recording, authorize every adaptation or use, or clear every territory and platform.

This article covers U.S. federal law and U.S. digital-audio mechanical royalty administration, researched as of August 7, 2026. Rules in other countries are not covered here and should not be assumed to work the same way.

Start with the rights map

A cover release involves at least two distinct copyright subjects: the musical composition and the sound recording. The composition is the underlying music and lyrics. The sound recording is a particular recorded performance fixed in a recording. The U.S. Copyright Office explains that these are separate works in Copyright Registration for Musical Compositions (Circular 50) and Copyright Registration for Sound Recordings (Circular 56).

That distinction creates two practical tracks:

1. Composition rights: permission to reproduce and distribute the song itself, including its melody and lyrics. This is the mechanical-licensing issue addressed by Section 115 in qualifying circumstances.
2. Sound-recording rights: permission to copy or distribute an existing recorded performance, often called the original master. If you record the song independently, your new master can have its own sound-recording copyright, but that does not authorize you to sample, copy, or distribute the original master.

For example, suppose an artist records a new version of a previously released song using new musicians, a new vocalist, and a new session. The artist may own or control rights in that new recording, subject to the applicable agreements. That fact does not give the artist permission to lift a vocal phrase, instrumental passage, or other audio from the earlier recording. The new cover master must be an independent fixation. The separate rights structure is described in the Copyright Office’s Copyright Law of the United States (Title 17) and Circular 56.

This is why “I recorded it myself” answers only one question. It may address ownership of the new sound recording, but it does not automatically resolve the composition’s reproduction and distribution rights.

What Section 115 can do

Section 115 provides a compulsory-license framework for making and distributing phonorecords of a nondramatic musical work, including certain digital phonorecord deliveries, when the statutory conditions are satisfied. The governing provisions appear in Copyright Law of the United States (Title 17).

A compulsory license is different from negotiating a direct permission agreement. Under the statutory route, an eligible user may proceed under specified terms rather than waiting for the copyright owner to negotiate a custom license. But eligibility is not automatic merely because a song is popular, commercially available, or labeled a “cover.”

For the ordinary Section 115 pathway, the musical work must previously have been distributed to the U.S. public under the copyright owner’s authority. The primary purpose of the distribution must be private use by members of the public, and the user must comply with the statute’s conditions. Section 115 also contains additional digital-provider conditions and exceptions, so unusual fact patterns require separate review.

The statute also limits what may be changed. The compulsory arrangement privilege permits changes needed to conform the work to the style or manner of the performance. It does not permit changing the basic melody or fundamental character without express consent. A conventional change in instrumentation, key, or performance approach may be different from an adaptation that substantially rewrites the song. Translations, radical adaptations, parodies, audiovisual uses, and other derivative uses may require separate permission rather than relying on the ordinary cover pathway.

The central question is therefore not simply, “Is this a cover?” It is, “Is this an independently recorded version of an eligible musical work, released for a covered purpose, with only permitted changes, and handled under the correct licensing system for the release format?”

Physical releases and permanent downloads

Physical products and permanent downloads have an important administrative distinction. The Copyright Office continues to accept Section 115 notices of intention, or NOIs, for non-digital phonorecords such as CDs, vinyl, tapes, and other physical formats. It no longer accepts digital-delivery NOIs under the post-Music Modernization Act system. The Copyright Office states this distinction in Section 115 - Notice of Intention to Obtain a Compulsory License.

For a physical release or permanent download, the license process must be handled in a way that matches the format and the current statutory requirements. An NOI is not a general permission slip for every use of the song. It is part of the Section 115 process for an eligible phonorecord distribution, and the user still has to satisfy the statute’s conditions, including the limits on duplication and arrangements.

The 2026 U.S. statutory mechanical rate for each musical work embodied in a physical phonorecord or permanent download is 13.1 cents per work or 2.52 cents per minute of playing time, or fraction thereof, whichever is larger. This rate is established within the Copyright Royalty Board’s Phonorecords IV framework and the applicable 2026 adjustment materials in Copyright Royalty Board Phonorecords IV Rate Materials and 2026 Adjustment.

A simple illustration shows how the formula works. If one musical work on a release has two minutes of playing time, the per-minute calculation is 5.04 cents. The per-work amount is 13.1 cents, so the larger amount is 13.1 cents for that work. If a work has six minutes of playing time, the per-minute calculation is 15.12 cents, which is larger than 13.1 cents. The applicable amount would therefore be 15.12 cents for that work under the stated formula.

These are 2026 U.S. statutory figures. Rates are adjusted annually, so a later release should be checked against the rate in effect at that time. The figures do not establish a total project cost, a distributor charge, or a fixed streaming payout. They are not a universal international rate.

Digital streaming and The MLC

Digital-audio mechanical royalties operate through a different post-Music Modernization Act structure. Title I of the Music Modernization Act created a blanket-licensing system for covered digital music providers, and the Copyright Office designated The Mechanical Licensing Collective, commonly called The MLC, to administer the statutory system. The framework is summarized in The Music Modernization Act and the Copyright Office’s Frequently Asked Questions on the Designation of the Mechanical Licensing Collective and the Digital Licensee Coordinator.

For covered U.S. digital-audio services, the basic royalty flow is:

DSP usage data and royalties → The MLC matching process → distributions to members and other identified musical-work owners

The MLC receives usage information and royalties from eligible services operating under the blanket license, matches reported uses to songs in its database, and distributes digital-audio mechanical royalties to members. Its explanation of that workflow appears in How It Works.

The MLC’s role is specific. It concerns covered U.S. digital-audio mechanical rights in musical works. It does not replace performing rights organizations, which handle different public-performance rights, and it does not replace SoundExchange, which has a different role involving sound-recording-related royalties. The MLC’s system is also not evidence that every platform use, audiovisual use, print use, or territory has been cleared.

That limitation matters when planning a release. A blanket-license system for eligible digital music providers does not automatically authorize a music video, lyric video, film or television placement, printed sheet music, a translation, a parody, or a release outside the United States. Those uses may involve different rights, permissions, organizations, or territorial rules. The evidence covered here does not establish platform-specific arrangements for Spotify, Apple Music, YouTube, or distributors, so those statements should not be assumed.

Does a cover artist register the cover with The MLC?

The MLC specifically states that a person who did not write or compose the underlying work does not need to register that cover with The MLC in order to collect digital-audio mechanical royalties from it. That guidance appears in Can I register my cover song with The MLC and collect royalties?.

This does not mean that release metadata is irrelevant. A distributor or digital service may have its own delivery, identification, or metadata requirements. It also does not mean that a cover artist becomes the owner of the underlying composition. The MLC guidance addresses The MLC’s membership and collection role for digital-audio mechanical royalties; it does not decide every other clearance or delivery question.

The practical distinction is straightforward:

• If you wrote or co-wrote the composition, registration and ownership information may matter for claiming your songwriter or publisher share through the relevant systems.
• If you only recorded the cover and did not write or compose the underlying work, The MLC says you do not need to register that cover there merely to collect digital-audio mechanical royalties from it.
• In either case, make sure the release accurately identifies the underlying song and that any separate distributor or service requirements are satisfied.

A release-planning route

A U.S. cover artist can use the following decision path as an educational checklist.

First, identify the underlying work. Confirm that you are recording a musical composition rather than using the original sound recording. If any original audio, sample, or copied recording is involved, the independent-cover analysis no longer answers the whole clearance question.

Second, identify the intended uses and formats. A physical product, permanent download, digital-audio stream, audiovisual production, print product, or international release may involve different rules. Section 115’s U.S. compulsory framework is not a worldwide authorization.

Third, test eligibility. Ask whether the work was previously distributed to the U.S. public under the copyright owner’s authority, whether the primary purpose fits the statutory private-use distribution framework, and whether the planned release complies with the statute’s conditions.

Fourth, review the arrangement. Keep changes within the statutory arrangement privilege unless you obtain express consent for changes to the basic melody or fundamental character. If the project includes a translation, radical adaptation, parody, or audiovisual use, do not assume the ordinary cover route is sufficient.

Fifth, use the correct administration route. For eligible physical releases and permanent downloads, review the current Section 115 NOI and rate requirements. For covered U.S. digital-audio activity, understand the blanket-license and The MLC framework rather than submitting a digital NOI to the Copyright Office.

Sixth, separate royalties and organizations. Digital-audio mechanical royalties, public-performance royalties, and sound-recording-related royalties are not interchangeable categories. The MLC does not replace PROs or SoundExchange.

Finally, recheck time-sensitive details before release. The 2026 statutory physical and permanent-download rate may change through annual adjustment, and digital administration rules depend on the covered activity and applicable provider framework.

Common mistakes to avoid

One mistake is confusing a new master with permission to use the old master. Recording the song independently can create a separate sound recording, but it does not authorize copying the earlier recording.

Another is treating Section 115 as a blanket authorization for every version of a song. The statutory route is conditional, U.S.-specific, and limited by arrangement rules and use categories.

A third is applying physical-release procedures to digital delivery. The Copyright Office’s current guidance distinguishes non-digital phonorecord NOIs from digital phonorecord deliveries under the post-MMA system.

A fourth is assuming that The MLC clears every platform or every kind of use. Its statutory role is tied to covered U.S. digital-audio mechanical royalties. It does not replace other rights organizations and does not establish clearance for audiovisual, print, or non-U.S. uses.

A fifth is publishing a cover with a major rewrite and calling it an ordinary arrangement. Changes to the basic melody or fundamental character require express consent under the statutory limits described above.

Bottom line

For a U.S. cover release, keep the rights map clear: the composition and the sound recording are separate works; a new cover master does not authorize the original master; Section 115 is a conditional U.S. compulsory-license framework; physical releases and permanent downloads use a different administrative path from covered digital-audio delivery; and The MLC administers a specific digital-audio mechanical royalty system rather than universal cover clearance.

The 2026 physical and permanent-download rate is 13.1 cents per work or 2.52 cents per minute or fraction, whichever is larger, but that figure should be rechecked for later releases. The MLC says a non-writer cover artist does not need to register the cover with The MLC merely to collect digital-audio mechanical royalties from it. These points provide a practical starting map, not individualized legal, financial, tax, contract, or royalty advice. Open Music Business is educational content, and unusual arrangements, uses, territories, and release structures should be reviewed with appropriately qualified professionals.