Cover Song Licensing: How to Legally Release a Cover Version

Key Takeaways

• Obtain a mechanical licence before recording and distributing a cover song to comply with copyright law.

• Use trusted services like DistroKid, TuneCore, or Easy Song Licensing for streamlined cover song licensing.

• Do not alter the original melody or lyrics without explicit permission from the copyright holder.

• Upload all required licensing documentation to your music distributor to prevent takedowns or revenue loss.

• The statutory mechanical licence fee in the USA is currently 12 pence per copy distributed.

What Qualifies as a Cover Song Under Copyright Law

Under copyright law, a cover song is specifically defined as a new performance or recording of an existing musical work that preserves the original melody and lyrics without substantial modification.

To qualify as a cover song, the recording must retain the original title and avoid significant changes to the composition, ensuring it is not reclassified as a derivative work.

Medleys, remixes, or altered versions that depart from the original structure fall outside the scope of a cover song and require different licensing considerations.

When distributing your cover, a mechanical licence is necessary for lawful reproduction and distribution, protecting the rights of the original songwriters.

Licensing for cover songs is not required if the underlying work is in the public domain.

Live performance uses are typically addressed through a performance licence obtained by the venue.

When You Need a Licence to Release a Cover Song

Precisely when is a licence required to release a cover song? Any party who intends to record and distribute a cover must obtain a mechanical licence, ensuring legal permission from the original Copyright Holder and securing the obligation to pay royalties to the original songwriter. For digital downloads or physical copies, a mechanical licence is mandatory. Streaming services typically secure blanket licences covering performing rights, so artists do not need to obtain individual licences for streaming releases. However, releasing cover videos, such as on YouTube, may require both mechanical and synchronisation licences due to audiovisual use. Significant alterations to lyrics or melody necessitate explicit permission from the original Copyright Holder, since these changes create derivative works.

Types of Licences Required for Cover Songs

Once the obligation to secure permission for a cover song is established, the specific type of licence required depends on the intended use of the recording.

In most cases, a mechanical licence is necessary to reproduce and distribute your music in either physical or digital formats.

For visual uses—such as including a cover in film, advertisements, or online videos—a synchronisation licence must be obtained directly from the rights holders.

To publicly perform a cover, a performance licence is required, commonly managed through blanket licensing agreements with performing rights organisations.

When distributing digital downloads in the USA, a statutory mechanical royalty (currently 12 cents per copy) applies under compulsory licensing.

Cover song licensing platforms like DistroKid or TuneCore facilitate compliance by managing requisite licences and royalty payments.

How to Check if a Song Is in the Public Domain

Determining whether a song is in the public domain requires careful analysis of its publication date, renewal history, and applicable legal jurisdictions.

To verify public domain status, one should consult authoritative resources such as PDINFO, which tracks copyright status based on publication and renewal status.

In the United States, works published before 1923 are generally public domain, but those from 1923–1978 require confirmation of non-renewal.

For songs published post-1978, copyright laws extend protection for the author’s life plus 70 years.

It is critical to distinguish between the composition and the master recording, as each has separate copyright considerations.

Prior to using any work, confirm both the song’s eligibility and the original recording’s status, and consider state-specific and international copyright laws to mitigate legal risk.

Steps to Obtain a Mechanical Licence

After confirming that a song is not in the public domain and is subject to copyright protection, the next step is to obtain a mechanical licence before distributing a cover version. To begin, the prospective licensee should register with the Harry Fox Agency and establish a Music Creators account. After verification, use Songfile to search for the correct mechanical licence, ensuring accurate song and rights holder details. Specify the number of copies, noting the minimum requirement of 200 in the USA. Upon issuance, upload the mechanical licence documentation to the chosen distribution platform to validate compliance prior to releasing your cover. Remember, mechanical licences apply to physical and digital downloads, while most streaming releases are exempt.

Costs and Royalties Associated With Cover Song Licensing

When licensing a cover song in the United States, the statutory mechanical licence fee is currently set at 12 cents per physical or digital copy distributed.

The royalty distribution process requires careful distinction between mechanical royalties, owed per copy made, and performance royalties, which are paid separately for public performances.

Independent distributors and licensing companies often facilitate these payments and compliance, reducing the risk of copyright infringement.

Mechanical Licence Fee Structure

While cover song licensing facilitates creative reinterpretations, it is governed by a defined mechanical licence fee structure that mandates compliance with statutory royalty rates.

In the United States, mechanical licences are required to distribute cover songs by duplicating the original work, with royalty payments set at 12 cents per copy for both physical and digital downloads.

Licensing agencies, such as The Harry Fox Agency, streamline the acquisition of these mechanical licences, ensuring that original songwriters receive appropriate compensation.

Importantly, streaming releases do not require mechanical licences under current U.S. law.

After securing the necessary licences, artists must register an ISRC code for each cover song to enable accurate tracking and royalty collection.

Utilising digital distributors can mitigate risk by managing these obligations efficiently.

Royalty Distribution Process

A significant aspect of cover song licensing is the structured process by which royalties and associated costs are distributed.

In the United States, mechanical royalties for a cover song are set at 12 cents per copy for both physical and digital downloads. When artists obtain a licence, independent distributors frequently manage royalty distribution, ensuring proper royalty collection and compliance with statutory requirements.

Unlike original compositions, publishing royalties are not collected for cover songs; only mechanical royalties apply. For music distribution, artists must register their cover song with an International Standard Recording Code (ISRC), facilitating precise royalty tracking.

Utilising cover song licensing services, such as DistroKid or Easy Song Licensing, enables artists to delegate mechanical licence acquisition and royalty payments, thereby reducing administrative risk in the royalty distribution process.

Legal Considerations for Releasing Cover Songs on Streaming Platforms

When releasing cover songs on streaming platforms, parties must assess whether a mechanical licence is required or if the platform’s blanket licence suffices.

Most major streaming services secure blanket licences for covers, but mechanical licences remain necessary for digital downloads and certain uses.

It is prudent for artists to verify their distributor’s licensing procedures to mitigate risk of copyright infringement.

Mechanical Licensing Requirements

Many legal considerations arise when releasing cover songs on streaming platforms, particularly regarding mechanical licensing requirements. Mechanical licences are mandatory for the recording and distribution of cover songs, specifically to guarantee that songwriters receive appropriate royalties.

In the United States, the mechanical royalty rate for cover songs is 12 cents per copy for both physical and digital downloads. Artists intending to distribute downloads of cover songs must secure mechanical licences, typically through The Harry Fox Agency or Songfile.

It is vital that all metadata in the release builder matches the licensed composition details to prevent legal complications. While streaming platforms may have separate licensing arrangements, mechanical licences remain critical for downloads, guaranteeing strict compliance with copyright laws and minimising the risk of potential disputes regarding royalty payments or unauthorised use.

Streaming Platform Blanket Licences

Mechanical licences play a significant role in the lawful distribution of cover songs for downloads, but streaming platforms operate under a different legal framework.

Streaming services such as Spotify, Apple Music, and YouTube typically secure blanket licences that cover a vast repertoire of copyrighted works, including cover songs. This arrangement relieves artists and distribution services from the obligation to obtain individual mechanical licences for streaming purposes.

However, strict compliance with the original rights holder’s requirements remains paramount. Legal and contractual considerations include:

• Streaming blanket licences generally cover the performance and reproduction rights for cover songs, but not for downloads.

• Mechanical licences are still necessary for physical or digital downloads, where royalties must be paid.

• Distribution services often streamline the licensing process for streaming releases.

• Accurate song titling is required for catalogue compliance and copyright tracking.

Special Rules for Cover Songs on YouTube and Social Media

Although cover songs can serve as effective promotional tools on digital platforms, posting them on YouTube or social media introduces complex legal requirements.

When releasing a cover song on YouTube, both mechanical and synchronisation rights must be addressed. Mechanical licences cover the audio, while synchronisation rights are mandatory for pairing the music with video. Copyright holders often utilise YouTube’s Content ID system to detect unauthorised use, potentially resulting in videos being flagged, muted, or monetised for the benefit of the original artists.

While some publishers may tolerate cover videos as promotional content if proper credit is given, express permission is essential for monetised or considerably altered versions.

On social media, similar licensing and permission obligations apply, particularly when the cover deviates from the original work.

Common Consequences of Unlicensed Cover Song Releases

Unlicensed release of cover songs exposes artists to significant platform takedown risks, as copyright holders may request removal from digital services.

Such actions can also trigger legal and financial penalties, including the obligation to pay withheld royalties or statutory damages.

To mitigate these risks, obtaining the appropriate mechanical licences before distribution is essential.

Platform Removal Risks

When cover songs are released without proper licensing, digital platforms may remove the content swiftly due to robust copyright monitoring systems such as YouTube’s Content ID. The need for permission is underscored by the risk that original rightsholders or rights organisations may issue takedown notices, resulting in immediate removal.

Creators performing a cover song without the necessary licence face platform takedown risks, particularly where royalties are paid to the original rightsholder or revenue is redirected.

• Removal of unlicensed content occurs without prior warning, often automatically.

• Revenue from streams or views may be lost or redirected, impacting the artist’s earnings.

• Legal disputes may be triggered, even if they rarely escalate to litigation.

• Failure to licence before you cover and distribute a song can damage future relationships with platforms.

Proper licensing is essential for ongoing compliance.

Legal and Financial Penalties

Failure to secure a proper mechanical licence prior to releasing a cover song can expose the distributing party to significant legal and financial consequences.

Unlicensed cover songs infringe on the rights of the original copyright holders, leading to potential legal disputes, takedowns from digital platforms, and even lawsuits. Copyright owners may pursue financial penalties, including statutory damages and lost revenue, as well as injunctive relief.

Content detection systems such as YouTube’s Content ID can automatically flag unlicensed cover songs, redirecting any generated revenue to the original songwriters. The cost of legal actions and fines often far exceeds the expense of obtaining the required licensing, which is generally a fixed statutory rate.

Non-compliance with licensing requirements also risks damaging an artist’s professional reputation and future opportunities.

Recommended Cover Song Licensing Companies and Services

Given the complexity of music copyright law, artists seeking to release cover songs must work with reputable licensing services to ensure full legal compliance.

Selecting the right provider is essential for independent artists to obtain proper mechanical licensing, distribute covers, and guarantee royalties are handled correctly. Several services streamline the process, reducing legal risk while facilitating distribution.

• DistroKid: Offers unlimited uploads for a flat annual fee, handling mechanical licensing for cover songs efficiently, making it ideal for independent artists focused on volume and simplicity.

• TuneCore: Retains 100% of royalties for artists, charges an annual fee, and simplifies both licensing and distribution processes.

• SoundDrop: Specialises in cover song licensing with a streamlined process to acquire necessary rights and distribute legally.

• Easy Song Licensing: Acts as an intermediary, managing both mechanical licences and royalty payments.

Frequently Asked Questions

Do You Need Rights to Release a Cover of a Song?

Yes, rights are required; cover song permissions involve obtaining mechanical licences from licensing agencies, ensuring music publishing compliance, paying songwriters royalties, and, for videos, securing sync licences. Without these, distribution platforms may reject releases or risk copyright infringement. Fair use rarely applies.

How to Post Cover Songs Legally?

To post a cover song legally, one must secure appropriate music rights, complete the licensing process for mechanical royalties, register the song, obtain artist permissions if needed, and verify compliance with distribution platforms’ performance rights and fair use policies.

Can You Sing Your Own Cover Version of a Copyrighted Song?

An individual may sing their own cover version of a copyrighted song without immediate copyright infringement, but cover song legality requires mechanical licences for distribution, respect for performance rights, and attention to original artist permissions, especially regarding monetisation options and streaming platforms.

Can You Post a Cover of a Song and Be Copyrighted?

Posting a cover song online can result in copyright claims if music licensing requirements—such as a mechanical licence and synchronisation rights—are unmet. Copyright law treats unauthorised covers as derivative works, potentially infringing performance rights and affecting artist royalties. Fair dealing rarely applies.

Conclusion

In conclusion, releasing a cover song requires a precise understanding of copyright law and strict adherence to licensing requirements. Artists must verify whether a mechanical licence is needed, confirm the song’s public domain status, and comply with the distinct rules of each distribution platform. Failure to secure proper licences exposes artists to legal liability and financial penalties. Engaging reputable licensing services and maintaining thorough documentation are essential steps to minimise risk and guarantee lawful, contractually sound cover song releases.