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How to legally release a cover song with a mechanical license

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Cover Song Licensing

Learn about cover song licensing for musicians and music copyright rules

What's a mechanical license?

A mechanical license pays the songwriter or publisher who owns the copyright (music copyright, copyright law) to a composition (musical composition, musical works) when you create and release your recording on CDs, digital downloads and streams, vinyl, cassettes, and even ringtones across different digital formats and physical copies.

You need a mechanical license whenever you record and sell or give away a cover version of another musician's song. This is a core part of music licensing and ensures that proper royalties are paid to the copyright owner or copyright holder. Once you have that license secured, you can legally distribute someone else's composition and give music users access to your version.

When do musicians need a license to record a cover song?

Releasing a cover song is a great way to excite your fanbase with a new version of a song they may already know and love, especially for performers in live music or digital platforms. But when do you need to secure a license to release a cover song? Can this license be denied? And what does it all cost in terms of royalties and music usage?

Every recording has two copyrights (types of copyright):

  • The sound recording (the actual music recording you hear, often generating digital performance royalties)
  • The composition (the underlying song, or musical works tied to performance royalties)

The rights to the sound recording belong to the record label or — for independent artists — to the artist. The rights to the composition belong to the publisher, or to the songwriter or composer, often managed by music publishers.

When you record a cover song, the sound recording automatically belongs to you — or if you're on a label, it's typically the label's responsibility as the licensee.

But, the composition remains the property of the songwriter or publisher, because you are using their song under copyright law. Therefore, they're entitled to compensation (royalties) for your use of their song, including performance royalties and mechanical royalties.

To legally release a cover song (how to legally cover a song), you need to secure a mechanical license to do so. Anyone can apply for the right to record a cover song, and permission is automatically and instantly granted every time under U.S. copyright law and frameworks like the Music Modernization Act, which improved access and licensing systems.

How do you apply for a mechanical license for musicians and performers?

There are a number of ways to do so, including going to the Harry Fox Agency, applying through your distributor like CD Baby, or going to an independent licensing agency, of which there are several that simplify music usage and licensing.

Easy Song

Perhaps most convenient for you if you're considering releasing physical products or copies is to do it through Disc Makers. We have partnered with Easy Song Licensing to make it fast and easy to secure your mechanical license and get mechanical license approval without delays.

This process is different from sync licenses (used for video) or public performance licenses (used in live music venues), but all fall under broader music licensing systems that govern how music users access and distribute music legally — even if it's not free music.

Frequently Asked Questions

How to get a mechanical license?

To get a mechanical license, you need to apply through a licensing agency such as the Harry Fox Agency, Easy Song Licensing, or your distributor. This process is part of music licensing and ensures that the copyright holder receives royalties when you distribute copies of a musical composition. Thanks to copyright law and the music modernization act, access to licenses has become easier for musicians and performers. Once approved, you can legally release your version across digital formats and physical media. The licensee (you) must report usage and pay required royalties. This applies even if you're distributing your music independently without a label.

What does it typically cost to license a cover song?

The cost of a mechanical license for a cover song depends on the number of copies you plan to distribute and the statutory royalty rate set under copyright law. In the U.S., this rate is usually a fixed amount per copy of a musical composition. Whether you release music digitally or physically, you must pay royalties to the copyright owner. Music publishers often collect these payments. The more copies or streams, the higher the total cost. However, this system ensures fair compensation and access for musicians while keeping music usage legal and structured.

How to get rights to cover a song?

To get rights to cover a song, you don't need direct permission from the copyright holder. Instead, you obtain a mechanical license, which grants legal access under copyright law. This is part of music licensing and applies to musical works that have already been released publicly. Once the song is published, anyone can legally record it by paying royalties. This system protects both music users and copyright owners. However, if you want to use the song in video or film, you'll need sync licenses, which are separate from mechanical rights.

Do I need a license for live performances?

If you're performing live music in live music venues, you typically don't need a mechanical license. Instead, venues obtain public performance licenses from organizations like ASCAP or BMI. These licenses cover performance royalties owed to the copyright holder. As a performer, your responsibility is usually minimal, as the venue handles licensing. However, if you record and distribute that performance later, you'll need a mechanical license. This distinction is important in music licensing, as different types of copyright apply depending on how the music is used.

What is the difference between mechanical and performance royalties?

Mechanical royalties are paid when copies of a musical composition are reproduced or distributed in digital formats or physical media. Performance royalties, on the other hand, are generated when music is played publicly, such as on radio, streaming services, or live music venues. Both are essential parts of music licensing and ensure that the copyright owner is compensated. The system exists under copyright law to support musicians, publishers, and performers. Digital performance royalties also apply to certain types of streaming, especially for sound recordings.

Can I release a cover song for free?

Even if you plan to release free music, you still need a mechanical license. Copyright law requires that royalties be paid to the copyright holder whenever a musical composition is distributed, regardless of whether you charge money. This applies to all music users, including independent musicians. Offering a song for free does not bypass licensing requirements. Music publishers still expect compensation through royalties. This ensures fair treatment across the industry and maintains a balanced system for both creators and performers.

What is the role of music publishers?

Music publishers manage the rights to musical works and ensure that royalties are collected and distributed to the copyright owner. They play a central role in music licensing, handling permissions, tracking music usage, and enforcing copyright law. When you obtain a mechanical license, the publisher often receives the royalties. They also work with performance rights organizations to collect performance royalties. For musicians, publishers act as intermediaries, simplifying access to licensing while protecting intellectual property rights.

Do I need a license for YouTube covers?

Yes, if you upload a cover song to YouTube, you may still need proper licensing. While YouTube has agreements that cover some music usage, you are still responsible for ensuring compliance with copyright law. A mechanical license may be required for the audio, while sync licenses are needed because video is involved. This falls under music licensing and ensures the copyright holder receives royalties. Without proper licensing, your content could be monetized by the rights owner or removed entirely.

What are sync licenses and when do I need them?

Sync licenses are required when you pair a musical composition with visual content, such as videos, films, or ads. Unlike mechanical licenses, sync licenses are not automatically granted and must be negotiated with the copyright holder. This is a key part of music licensing and applies to platforms like YouTube or social media. Even if you already have a mechanical license, you'll still need sync rights for video use. This ensures proper royalties and control over how musical works are used.

How did the Music Modernization Act change licensing?

The music modernization act improved how music licensing works in the U.S. by creating a centralized system for managing mechanical licenses. It made it easier for music users to access licenses and ensured more accurate royalty payments to copyright holders. This law modernized copyright processes for digital formats and streaming platforms. For musicians and performers, it simplified how to legally cover a song and reduced administrative barriers. Overall, it strengthened the connection between creators, publishers, and platforms in the digital music ecosystem.