Cover Song Licensing

Recording a cover song without proper licensing is copyright infringement. The good news: mechanical licensing is straightforward and affordable. Understanding the system protects both you and the original songwriter.

Every song has two main copyrights: the composition (the song itself) and the sound recording (your specific version). Cover songs respect the composition copyright by paying mechanical royalties to the songwriter and publisher. You control your own sound recording copyright when you record the cover.

The United States compulsory mechanical license is a legal guarantee. You can record and distribute any published song without asking permission, as long as you pay the statutory rate. This right exists to prevent monopolies on creative material. You must pay, but you don't need negotiation or permission from anyone.

Statutory mechanical rates depend on song length. As of 2024, the rate for songs under five minutes is approximately $0.121 per track per unit sold or streamed. Longer songs pay proportionally more. These rates adjust annually. Check MLC or HFA websites for current rates.

The Mechanical Licensing Collective (MLC) simplifies licensing in the digital age. Previously, independent artists used services like CD Baby or DistroKid to handle mechanical licensing manually. The MLC now manages statutory licensing for digital streaming. You still need to register your cover, but the process is more streamlined.

Different platforms have different requirements. Spotify, Apple Music, and YouTube work with the MLC for licensing. Physical releases like CDs or vinyl require separate mechanical licenses through traditional channels. Before release, confirm your distributor handles mechanical licensing. Most modern distributors include this service.

Registration matters even though you have a compulsory license. File your cover with the MLC or your performing rights organization. This ensures proper payment tracking and prevents disputes. Document your recording date and release date. Clear records protect you if questions arise about timing or rights.

Print licenses differ from digital licenses. If you're selling sheet music of a cover, you need a print license in addition to mechanical rights. This is rare for independent artists but necessary if your cover becomes educational material.

Attribution and honoring the original is professional practice. Credit the original songwriter and publisher. Many artists mention who wrote the song in liner notes or album descriptions. This builds respect within the music community and helps audiences discover the original.

Some songs have complications. Works in the public domain need no mechanical license. However, arrangements of public domain works might have copyrights on the arrangement itself. Movie themes, TV themes, and corporate-owned compositions sometimes have special restrictions. When in doubt, contact the publisher.

Cost is minimal for most artists. A 10-track cover EP with 100 downloads pays roughly $12 in mechanical royalties. Streaming generates smaller amounts per unit but scales with listeners. The MLC handles micro-payments efficiently. You won't get rich from mechanical royalties, but you won't owe thousands either.

Timing matters for registration. Register your cover before or immediately after release. Unregistered covers can cause distribution problems. YouTube Content ID systems will detect unregistered covers and claim revenue. Registration prevents these disputes.

Some artists negotiate directly with publishers for special arrangements. If your cover is radically different or a major release, you might discuss reduced rates or special terms. These are optional; the statutory license protects you regardless. Direct negotiation works best for high-profile projects.

Understanding mechanical licensing removes barriers to releasing covers. The system is designed to reward original songwriters while letting musicians build on existing material. Register properly, pay the rates, and focus on making a great recording. The legal framework takes care of itself.