Cover Song Licensing
Recording and distributing cover songs requires proper licensing. This guide explains what you need, how to get it, and how to stay compliant.
What is a Cover Song?
Definition
A cover song is your own recording of a song written by someone else. You perform and record it, but the underlying composition (melody and lyrics) belongs to the original songwriter.
Examples
| Type | Example | License Needed? |
|---|---|---|
| Cover | Your band recording “Yesterday” by The Beatles | ✓ Yes |
| Original | Your own song you wrote | No |
| Remix | Modified version of another’s recording | Different license needed |
| Sample | Using part of another recording | Different license needed |
What’s NOT a Cover
- Remixes - Require master recording license
- Samples - Require both master and publishing licenses
- Interpolations - Require publishing license negotiation
- Sound-alikes - May still need licenses if too similar
Why Licensing Matters
Legal Requirements
When you distribute a cover song:
- The songwriter owns the composition
- They deserve royalties when you use their work
- A mechanical license grants you permission
- Without it, you’re infringing copyright
Consequences of No License
| Risk | Consequence |
|---|---|
| Takedown | Platforms remove your release |
| Legal action | Songwriter can sue |
| Account issues | Distributor may terminate service |
| Financial | Statutory damages up to $150,000 per infringement |
Types of Licenses
Mechanical License
What it covers: Reproducing and distributing the composition in audio format (streaming, downloads, CDs).
What it doesn’t cover: Sync (video), public performance, or master recording use.
Compulsory vs. Negotiated
| Type | Description | When to Use |
|---|---|---|
| Compulsory | Standard rate, automatic right | Straightforward covers |
| Negotiated | Custom terms with publisher | Significant changes to song |
The Compulsory License Right
In the US, once a song has been commercially released, anyone can record a cover by:
- Obtaining a mechanical license
- Paying the statutory rate
- Not changing the fundamental character of the song
How to Get a License
Option 1: LabelGrid Cover Song Service
If available, use our integrated licensing:
- When creating your release, indicate it’s a cover
- Search for the song
- We handle licensing automatically
- Cost is added to your release or deducted from royalties
Option 2: Third-Party Services
Popular licensing services:
| Service | Description |
|---|---|
| DistroKid (if applicable) | Built-in cover licensing |
| Easy Song Licensing | Direct mechanical licenses |
| Songfile (Harry Fox Agency) | Official HFA licensing |
| Limelight | Cover song licensing service |
Option 3: Direct from Publisher
For complex situations:
- Identify the song’s publisher
- Contact their licensing department
- Request a mechanical license
- Negotiate terms
- Execute agreement
The Licensing Process
Step 1: Identify the Song
Gather information:
- Song title
- Original songwriter(s)
- Publisher(s)
- ISWC (if known)
Step 2: Find the Rights Holder
Search databases:
- ASCAP ACE: ascap.com/repertory
- BMI Repertoire: repertoire.bmi.com
- SESAC
- Publisher websites
Step 3: Obtain the License
Through a service or directly:
- Specify number of units/streams
- Pay the required fee
- Receive license documentation
- Keep records
Step 4: Proper Crediting
On your release:
- Credit original songwriter(s)
- Include publisher information
- Note it’s a cover in metadata
Mechanical Royalty Rates
US Statutory Rate (2024)
| Format | Rate |
|---|---|
| Physical/Downloads | 12.4¢ per copy (songs ≤5 min) |
| Physical/Downloads | 2.39¢ per minute (songs >5 min) |
| Streaming | Percentage of revenue (complex formula) |
How Rates Work
Example for a 4-minute cover:
- 1,000 downloads = $124 in mechanical royalties
- Streaming = portion of subscription/ad revenue
International Rates
Rates vary by country. Licensing services typically handle international rates automatically.
Crediting Cover Songs
Required Information
| Field | Example |
|---|---|
| Writers | John Lennon, Paul McCartney |
| Publishers | Sony/ATV Music Publishing |
| Original artist | The Beatles (in description) |
Metadata Best Practices
Track title: Keep the original song title
- ✓ “Yesterday”
- ✗ “Yesterday (Cover)”
Writers field: Original songwriters only
- ✓ “Lennon, McCartney”
- ✗ “Your Name”
Notes/Description: Indicate it’s a cover
- “Cover of ‘Yesterday’ originally by The Beatles”
What You Can and Can’t Change
Allowed Changes
Under compulsory license, you can:
- Change the arrangement
- Change the genre/style
- Change the tempo
- Change the instrumentation
- Sing in your own voice/style
Not Allowed
You cannot:
- Change the fundamental character
- Alter lyrics substantially
- Change the basic melody significantly
- Combine with other copyrighted songs
- Use for video/sync without additional license
When You Need Negotiated License
If you want to:
- Significantly change lyrics
- Create a parody
- Create a medley with other songs
- Use in a video/film
- Make dramatic alterations
Cover Songs and Video
Important Distinction
A mechanical license covers audio only. Video requires a sync license.
| Content | License Needed |
|---|---|
| Audio-only streaming (Spotify, Apple Music) | Mechanical |
| YouTube video | Mechanical + Sync |
| Music video | Mechanical + Sync |
| Lyric video | Mechanical + Sync |
Getting Sync Rights
Sync licenses must be negotiated directly with the publisher. There’s no compulsory right for sync.
YouTube Workaround
YouTube’s Content ID system may:
- Automatically claim your video
- Allow it to stay up with ads
- Revenue goes to rights holders
- Check channel standing if claimed
Public Domain Songs
What’s Public Domain?
Songs whose copyright has expired (generally pre-1928 in the US). You don’t need a mechanical license for these.
Caveats
- Arrangements may be copyrighted separately
- Lyrics may have different copyright than melody
- International copyright terms vary
- Verify carefully before assuming public domain
Examples
Traditional songs like:
- “Happy Birthday” (post-2016)
- Classical compositions (original versions)
- Traditional folk songs
- Very old hymns
International Considerations
Territory Differences
| Region | Considerations |
|---|---|
| US | Compulsory license available |
| UK | MCPS handles licensing |
| EU | Varies by country |
| Australia | AMCOS handles licensing |
Global Distribution
When distributing worldwide:
- License should cover all territories
- Some services handle this automatically
- Check coverage with your licensing provider
Common Mistakes
Things to Avoid
| Mistake | Why It’s a Problem |
|---|---|
| Not getting any license | Copyright infringement |
| Crediting yourself as writer | Incorrect metadata, legal issues |
| Assuming it’s “fair use” | Fair use rarely applies to full covers |
| Changing lyrics without permission | May invalidate compulsory license |
| Using for video without sync | Different license required |
”But I’ve Seen Others Do It”
- They may have licenses you don’t see
- They may be getting claimed/monetized
- They may be risking takedowns
- Don’t assume compliance based on others
Troubleshooting
Release Rejected for Cover
- Verify you have proper license
- Check songwriter/publisher credits
- Ensure license covers distribution method
- Provide license documentation if requested
Conflicting Publisher Information
- Check multiple databases
- Songs may have multiple publishers
- Publishers change over time
- Contact licensing service for help
Can’t Find Rights Holder
- Check all PRO databases
- Search music publisher directories
- Try the Harry Fox Agency
- Consider a different song
FAQ
”Do I need a license for a cover on YouTube only?”
Yes, technically you need both mechanical and sync licenses. However, YouTube’s Content ID often handles this by claiming the video and sharing revenue with rights holders.
”What about covers for TikTok/Instagram?”
These platforms have licensing agreements with publishers. Short clips are generally covered, but full songs may still need licenses for proper distribution.
”Can I cover a song that’s not yet released?”
No. The compulsory license only applies after the song has been commercially released by the rights holder.
”Do I keep any royalties from my cover?”
Yes. You earn royalties as the recording artist (master rights). Mechanical royalties go to songwriters. You keep your share of streaming revenue minus mechanical payments.
Checklist Before Releasing a Cover
- Identified original songwriters
- Found the publisher(s)
- Obtained mechanical license
- Credited songwriters correctly
- Noted cover status in metadata
- NOT credited yourself as writer
- Kept fundamental character of song
- If video: obtained sync license
Need Help?
If you have questions about cover song licensing, contact our support team. For complex licensing situations, consider consulting a music attorney.