Covering a song is a common practice in music, from garage bands to chart-topping artists. In the United States, the basic rules around permission for covers hinge on the distinction between the musical composition (the song itself) and the actual sound recording. This article explains when permission is required, how licenses work, and practical steps for artists who want to record, distribute, or perform cover songs.
How Covers Are Legally Regulated: The Composition vs. The Recording
The key legal distinction is between the composition (lyrics and music) and the sound recording (the specific recorded performance). For a cover to be legally released as a new recording, the artist must obtain a license to reproduce and distribute the musical work. This is separate from the rights to use the exact original sound recording, which belongs to the owner of that master recording. In most cases, you don’t need the original artist’s permission to cover the song’s composition, but you do need a license to reproduce and distribute your version.
Mechanical Licensing: The Path To Reproduce A Song
In the United States, a compulsory license, often called a mechanical license, allows a musician to record and distribute a cover after a work has been published, provided certain conditions are met. The cover artist must pay royalties to the song’s publisher and meet statutory rates. The publisher or an intermediary like the Harry Fox Agency typically handles these licenses. The key requirements are that the new recording does not significantly change the original melody or lyrics and that the artist adheres to the licensing terms.
Performance Rights And Live Arrangements
Performance rights are separate from mechanical licenses. If a cover is performed live in a venue, the venue or promoter generally has a blanket license with a performing rights organization (PRO) such as ASCAP, BMI, or SESAC. This covers public performances of the composition. If a songwriter or artist wants to organize a private performance, different rules may apply, but public performances usually fall under PRO licenses. For live performances, you typically don’t secure a separate permission from the songwriter, but you must ensure the venue has the appropriate PRO license.
Using A Preexisting Recording: The Master Rights Issue
If an artist wants to perform or release a cover that uses the exact original recording (the “master”), permission from the master rights holder is required. Most covers distribute a new recording you created, not the original, so you won’t need the original master license. However, if you intend to sample or reuse any portion of the original recording, a separate license is necessary, and costs can be substantial.
Non-Commercial Covers And Online Platforms
Platforms like YouTube, Spotify, and TikTok have licensing frameworks that handle vast catalogs of songs, including covers. Some covers may be eligible for automatic licensing or processing through the platform’s agreements, while others require explicit licensing for distribution. Artists should review terms of service and licensing terms for each platform and consider obtaining a mechanical license if distributing a cover outside a platform’s licensed ecosystem. When in doubt, secure a mechanical license to cover distribution on major platforms.
Practical Steps To Legally Cover A Song
- Identify the Song’s Composer And Publisher. Determine who owns the rights to the musical composition (not just the performer). This informs who to contact for a license.
- Obtain A Mechanical License. Work with a publisher or an agency (such as the Harry Fox Agency) to secure a mechanical license for recording and distributing your cover. Pay the statutory royalties as required.
- Distribute As A New Recording. Ensure your version is a new recording that preserves the original melody and lyrics without unauthorized alterations that could violate copyright terms.
- Address Master Rights If Necessary. Do not use the original recording. If you plan to sample or reuse elements from it, negotiate a master use license with the master rights owner.
- Consider Public Performance Licenses. If performing live, ensure the venue or event has a PRO license (ASCAP, BMI, or SESAC) to cover public performances of the composition.
- Document Licensing Details. Keep records of licenses, rates, and terms for compliance and future audits.
Common Scenarios And How They Are Handled
- A studio cover released on streaming services: Obtain a mechanical license from the publisher or a licensing agent; you’ll pay royalties per stream or per sale as dictated by the license.
- A live cover at a venue: The venue’s PRO license generally covers public performance; no separate permission is typically required from the songwriter for the performance itself.
- A cover that uses the original recording’s audio: This requires a master use license, which is usually negotiated with the owner of the original recording; without it, you cannot legally use that specific sound recording.
- Cover song video on social media without monetization: Some platforms have blanket licenses, but creators should verify whether the video is protected and whether any revenue generation triggers additional licensing needs.
Potential Pitfalls And Best Practices
Ignoring licensing can lead to takedowns, revenue disputes, or legal actions. Avoid claiming authorship of the composition, misrepresenting licensing terms, or using a master recording without permission. Best practices include securing licenses before release, maintaining transparent records, and consulting a music attorney for complex situations such as derivative arrangements or international distribution. Proactively handling licenses protects artists from legal risk and ensures fair compensation for original creators.
Conclusion: When Permission Is Required And When It Isn’t
In the United States, artists generally do not need the original songwriter’s permission to cover a song if they obtain a mechanical license to reproduce and distribute the composition. Public performances usually rely on venue-provided PRO licenses. Using the original recording requires a separate master license. By understanding the distinction between composition rights, mechanical licenses, and master rights, artists can legally create and share covers while supporting the people who created the music.