Within Rights
Why covers need one licence, not two
A cover can avoid the famous master recording, but it still needs permission or a lawful route for the underlying composition.
On this page
- Composition rights behind a cover
- Why the original master is not used
- Common mistakes when releasing covers
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Introduction
Cover songs are one of the easiest ways to understand why music rights are divided into separate layers. When an artist records a new version of an existing song, they are not using the original recording. They are using the underlying composition: the melody, lyrics and musical structure created by the songwriter. That distinction is crucial because it means a cover usually needs permission for the composition, but not for the original master recording. In many situations, the law provides a specific licensing route for this purpose, often called a mechanical licence. The result is a system in which a musician can legally record and release a famous song without negotiating for the original recording, provided the correct composition rights are cleared and royalties are paid. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
Why covers need one licence, not two
A cover version creates a new recording. Because the artist is making their own recording from scratch, they are not copying or exploiting the original master owned by a record label or performer. The original master copyright therefore remains untouched. What the cover artist is using is the song itself: the composition. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
This is why a standard audio-only cover release generally requires clearance for only one copyright layer. The songwriter and publisher must be compensated because their composition is being reproduced and distributed, but the owner of the original recording does not need to be involved. [Royalty Solutions]royaltysolutionscorp.comthe art of mechanical licensing a guide to cover songsRoyalty SolutionsThe Art of Mechanical Licensing: A Guide to Cover Songs28 Jul 2023 — Mechanical licensing refers to the process of obtai…
The distinction becomes clearer when compared with other uses:
- Recording a cover song: composition licence required; original master not used. [pirate.com]pirate.comcover song licensingPirate StudiosCover Song Licensing Explained22 Mar 2024 — Do music videos for cover songs require a license? Yes, for music videos of cov…
- Using the original recording in a film or advert: composition rights and master rights both required.
- Sampling part of the original recording: master rights become relevant because part of the original recording is being copied.
- Creating a music video for a cover: additional synchronisation rights may be needed because music is being combined with visual content. [Pirate Studios]pirate.comcover song licensingPirate StudiosCover Song Licensing Explained22 Mar 2024 — Do music videos for cover songs require a license? Yes, for music videos of cov…
Composition rights behind a cover
The licence most closely associated with cover songs is the mechanical licence. Historically, mechanical rights developed around the reproduction of songs on physical formats such as records and CDs. Today they also apply to many forms of digital distribution. A mechanical licence authorises the reproduction and distribution of a copyrighted musical composition in a new recording. [TuneCore]tunecore.comTuneCoreMechanical Licensing 101A mechanical license grants to the licensee (the person acquiring the license) the rights to reproduce an…
In the United States, Section 115 of the Copyright Act provides a compulsory mechanical licensing framework. Once a song has been released to the public, another artist can generally obtain a licence to record and distribute a faithful cover, provided statutory requirements are followed and royalties are paid. The copyright owner cannot simply refuse permission for an ordinary cover that complies with the rules. U.S. Copyright Office [Harry Fox Agency]help.harryfox.comis a compulsory mechanical license?The Harry Fox Agency Knowledge Base · General Information… It allows you to distribute your cover r…
This compulsory system is one reason cover recordings have become such a common part of popular music. Artists can reinterpret songs without negotiating individual deals for every release, while songwriters continue to receive royalties from each authorised use. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
In practice, many creators do not interact directly with publishers. Licensing services and rights administrators often handle the process. In the United States, organisations such as the Harry Fox Agency provide mechanisms for obtaining cover-song licences and administering royalty payments. [Harry Fox Agency]help.harryfox.comis a compulsory mechanical license?The Harry Fox Agency Knowledge Base · General Information… It allows you to distribute your cover r… [Harry Fox Agency]help.harryfox.comis a compulsory mechanical license?The Harry Fox Agency Knowledge Base · General Information… It allows you to distribute your cover r…
The UK follows a different administrative model. Mechanical rights are commonly administered through MCPS, which licenses reproductions of musical works and distributes mechanical royalties to rights holders. Artists releasing recordings that contain copyrighted songs may need MCPS-related licensing arrangements depending on the release format and distribution method. [GOV.UK]GOV.UKMusic licences for physical productsYou may need a licence from the Mechanical-Copyright Protection Society (MCPS) if you make copies of… [PRS for]prsformusic.comPRS and MCPS: Who does what?The Mechanical-Copyright Protection Society (MCPS) have a service agreement in place with PRS for Music who p…
Why the original master is not used
Many listeners assume that a cover artist is somehow borrowing the original recording. Legally, that is not what happens.
When a singer records a cover of a classic song, every vocal, instrument and production element is newly recorded. The resulting sound recording becomes a separate copyright. The cover artist or their label may own that new master, while the original songwriter and publisher continue to own the composition. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
This arrangement explains how dozens of artists can legally release recordings of the same song. The composition remains the common element, while each performer creates a distinct recording with its own ownership and revenue streams. Royalties connected to the composition flow to the songwriter and publisher, while revenues associated with the new recording flow to the owner of the new master. [Royalty Solutions]royaltysolutionscorp.comthe art of mechanical licensing a guide to cover songsRoyalty SolutionsThe Art of Mechanical Licensing: A Guide to Cover Songs28 Jul 2023 — Mechanical licensing refers to the process of obtai…
The legal simplicity of a cover compared with a sample is therefore not accidental. A cover avoids copying the original recording altogether, which removes the need to license the master. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
Common mistakes when releasing covers
Assuming a cover is automatically legal
A frequent misunderstanding is that changing the performer automatically makes a recording lawful. Recording a new version removes the need for a master-use licence, but it does not eliminate the need to clear the composition. Releasing a cover without securing the necessary mechanical rights can still create copyright problems. [Songfile]songfile.comThe easy way to license songs… U.S. Copyright Law requires that you get a mechanical license. This is required regardless of whether or…
Treating a music video like an audio release
Many artists correctly obtain a mechanical licence for the audio recording and then assume they can freely upload a music video. Combining music with moving images introduces synchronisation rights, which are distinct from ordinary mechanical rights. A cover video may therefore require additional permissions. [Pirate Studios]pirate.comcover song licensingPirate StudiosCover Song Licensing Explained22 Mar 2024 — Do music videos for cover songs require a license? Yes, for music videos of cov…
Changing the song too much
The compulsory licensing framework in the United States is designed for genuine cover versions. Significant alterations to lyrics, narrative meaning or the fundamental character of a song can move beyond the scope of a straightforward cover and create additional legal questions. [Orphiq]orphiq.comOrphiqMechanical License for Cover Songs: How to Get One9 Apr 2026 — Under US compulsory license law, they cannot block a faithful cover…
Confusing streaming administration with cover licensing
Modern streaming systems involve organisations such as the Mechanical Licensing Collective (MLC) for certain digital mechanical royalties. However, administration of streaming royalties is not the same thing as obtaining permission to release a cover recording. Artists still need to ensure the underlying composition has been properly licensed. [U.S. Copyright Office]copyright.govCopyright OfficeCompulsory License for Making and Distributing…Does a Compulsory License Cover Making and Reproducing a Sound Recordin…
The practical lesson from cover songs
Cover versions reveal the central divide that runs through modern music copyright. A song and a recording are not the same asset. By creating a new recording, a cover artist avoids using the original master, which is why only the composition side normally requires licensing. The mechanical licence exists to make that process workable: it allows new performers to reinterpret existing songs while ensuring that the original songwriters and publishers continue to be paid. U.S. Copyright Office [Royalty Solutions]royaltysolutionscorp.comthe art of mechanical licensing a guide to cover songsRoyalty SolutionsThe Art of Mechanical Licensing: A Guide to Cover Songs28 Jul 2023 — Mechanical licensing refers to the process of obtai…
Amazon book picks
Further Reading
Books and field guides related to Why covers need one licence, not two. Use these as the next step if you want deeper reading beyond the article.
All You Need to Know About the Music Business
Contains extensive explanations of mechanical licensing and cover songs.
The plain and simple guide to music publishing
First published 2005. Subjects: Copyright, Economic aspects of Music, Music publishing, Music, Economic aspects.
Music, money, and success
First published 1994. Subjects: Vocational guidance, Economic aspects of Music, Music, Music trade, Economic aspects.
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Endnotes
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Source: copyright.gov
Link: https://www.copyright.gov/circs/circ73.pdfSource snippet
Copyright OfficeCompulsory License for Making and Distributing...Does a Compulsory License Cover Making and Reproducing a Sound Recordin...
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Source: tunecore.com
Link: https://www.tunecore.com/guides/mechanical-licensing-101Source snippet
TuneCoreMechanical Licensing 101A mechanical license grants to the licensee (the person acquiring the license) the rights to reproduce an...
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Source: pirate.com
Title: cover song licensing
Link: https://pirate.com/en/blog/cover-song-licensing/Source snippet
Pirate StudiosCover Song Licensing Explained22 Mar 2024 — Do music videos for cover songs require a license? Yes, for music videos of cov...
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Source: songfile.com
Link: https://www.songfile.com/Source snippet
The easy way to license songs... U.S. Copyright Law requires that you get a mechanical license. This is required regardless of whether or...
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Source: GOV.UK
Link: https://www.gov.uk/find-licences/music-licences-for-physical-products -
Source: orphiq.com
Link: https://orphiq.com/resources/mechanical-license-cover-songsSource snippet
OrphiqMechanical License for Cover Songs: How to Get One9 Apr 2026 — Under US compulsory license law, they cannot block a faithful cover...
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Source: copyright.gov
Title: music modernization
Link: https://www.copyright.gov/music-modernization/115/Source snippet
Copyright OfficeMusic Licensing Modernization | U.S. Copyright OfficeThe legislation establishes a “mechanical licensing collective” (“ML...
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Source: tunecore.com
Link: https://www.tunecore.com/cover-song-licensingSource snippet
Mechanical License for Cover SongsBy requesting a mechanical license, you are ensuring that the original creator of the song is getting t...
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Source: help.harryfox.com
Link: https://help.harryfox.com/what-is-a-compulsory-mechanical-licenseSource snippet
is a compulsory mechanical license?The Harry Fox Agency Knowledge Base · General Information... It allows you to distribute your cover r...
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Source: royaltysolutionscorp.com
Title: the art of mechanical licensing a guide to cover songs
Link: https://www.royaltysolutionscorp.com/blog/2023/7/28/the-art-of-mechanical-licensing-a-guide-to-cover-songsSource snippet
Royalty SolutionsThe Art of Mechanical Licensing: A Guide to Cover Songs28 Jul 2023 — Mechanical licensing refers to the process of obtai...
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Source: harryfox.com
Link: https://www.harryfox.com/Source snippet
Songfile helps you license cover songs for physical and digital formats such as CDs, downloads, ringtones and streams.Read more...
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Source: help.harryfox.com
Link: https://help.harryfox.com/how-do-i-get-a-licenseSource snippet
Harry Fox AgencyHow to License Music with HFAIf you're looking to license cover songs in limited quantities, you can obtain mechanical li...
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Source: prsformusic.com
Link: https://www.prsformusic.com/what-we-do/prs-and-mcpsSource snippet
PRS and MCPS: Who does what?The Mechanical-Copyright Protection Society (MCPS) have a service agreement in place with PRS for Music who p...
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Source: Wikipedia
Title: Mechanical license
Link: https://en.wikipedia.org/wiki/Mechanical_licenseSource snippet
Mechanical licenseA mechanical license is a license provided by the holder of the copyright of the composition or musical work to anot...
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Source: prsformusic.com
Link: https://www.prsformusic.com/Source snippet
PRS for Music: royalties, music copyright and licensingWe license the use of our members' music by businesses, online, in broadcasts and...
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Source: prsformusic.com
Link: https://www.prsformusic.com/licences/releasing-music-products/limited-manufactureSource snippet
Licences for limited manufacture productsThe Limited Manufacture Licence is quick, affordable and grants you 'blanket' permission to lega...
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Source: prsformusic.com
Title: Releasing music products
Link: https://www.prsformusic.com/licences/releasing-music-productsSource snippet
LicencesWe'll help you get the right music licence for the music product you're releasing with our guide below. We offer music licences f...
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Source: prsformusic.com
Link: https://www.prsformusic.com/royalties/music-audio-product-royaltiesSource snippet
MCPS music audio product royaltiesYour music may be used in a variety of ways on audio products. Choose an option below to find out how w...
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Source: harryfox.com
Link: https://www.harryfox.com/music-tech/ -
Source: help.harryfox.com
Link: https://help.harryfox.com/licensingSource snippet
to common questions about licensing through HFA, including mechanical licenses, cover song licensing, and how to request or manage licenses...
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Source: Wikipedia
Title: PRS for Music
Link: https://en.wikipedia.org/wiki/PRS_for_MusicSource snippet
PRS for MusicPRS for Music Limited is a British music copyright collective, made up of two collection societies: the Mechanical-Copyri...
Additional References
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Source: elasticstage.zendesk.com
Link: https://elasticstage.zendesk.com/hc/en-gb/articles/30043181242897-Do-I-need-to-obtain-a-mechanical-licence-in-order-to-make-records-with-elasticStageSource snippet
If necessary, we obtain a mechanical licence on your behalf from the MCPS in the UK. All you have to do is list the songwriters (and publ...
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Source: landr.com
Link: https://www.landr.com/cover-song-licensingSource snippet
Cover Song Licensing with LANDR | Fast, Easy, and LegalA mechanical license allows you to reproduce and distribute a cover version of a s...
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Source: facebook.com
Link: https://www.facebook.com/groups/473293957022577/posts/1108829350135698/Source snippet
Cover song licensing in the U.S. explainedHere's why: • You own the rights: A mechanical license is essentially permission to reproduce a...
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Source: mcpsproductionmusic.co.uk
Link: https://mcpsproductionmusic.co.uk/faqs/Source snippet
FAQsMCPS Production Music offers a convenient solution for licensing music from multiple rights holders: Single point of licensing carrie...
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Source: reddit.com
Link: https://www.reddit.com/r/musicproduction/comments/13xm4qu/licensing_a_cover_song/Source snippet
Licensing a cover song: r/musicproductionThe current statutory rate for mechanical licenses in the US is 9.1 cents per downloaded song o...
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Source: merriam-webster.com
Link: https://www.merriam-webster.com/dictionary/mechanicalSource snippet
MECHANICAL Definition & MeaningThe meaning of MECHANICAL is of or relating to machinery or tools. How to use mechanical in a sentence. Sy...
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Source: customanthems.com
Link: https://customanthems.com/blogs/music-production-tips-tricks/posts/7524559/how-to-legally-release-a-cover-song -
Source: lawditmusic.co.uk
Title: ver songs and copyright how to play and distribute other peoples music lawfully
Link: https://www.lawditmusic.co.uk/cover-songs-and-copyright-how-to-play-and-distribute-other-peoples-music-lawfully/Source snippet
How to Legally Play and Distribute Other People's...1 May 2025 — Once a song has been released by the original artist, anyone else can l...
Published: May 2025
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Source: beyonceweekumbc.org
Link: https://www.beyonceweekumbc.org/spring2024/cover-musicSource snippet
In regards to cover songs, a mechanical license is needed even if the covering artist adds...Read more...
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Source: icmp.ac.uk
Link: https://www.icmp.ac.uk/blog/understanding-music-copyrights-and-licensesSource snippet
to distribute it (either physically or digitally), you'll need a mechanical license...Read more...
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