What Do Artists Need to Release A Cover Song?

In order to release a cover song artists need a mechanical license.  In regards to cover songs, a mechanical license is needed even if the covering artist adds their own lyrics, remixes the song, or changes anything about the original song. These licenses are obtained by either contacting the original artist and coming up with an agreement, or via a compulsory mechanical license as described below. 

If the artist plans to release the music and a subsequent music video, film or video game all featuring the cover song then another license will be needed in addition to the mechanical license which is a synchronization license. 

Why These Licenses Exist: Copyright Law

Copyright law exists in order to protect creators of a copyrightable subject matter such as literary works, choreography, motion pictures, architectural works, music, and derivatives of all of these. 

Copyright Law: Three (3) Requirements and Six (6) Rights

Three requirements must be met for someone to be able to copyright their work under  U.S. copyright law:

1. Copyrightable subject matter: Literary works, compilations, derivative works,  musical works, dramatic works, choreography, pictorital works, graphic works, sculptural works, motion pictures, sound recording, and architectural works

2. Original work

3. Fixed in a tangible medium of expression: Writing down or recording music, choreography, etc. 

Once these three requirements are satisfied, the artist has copyright protection under US law, which gives the artist six exclusive rights: 

1. Reproducing their copyrighted work

2. Distributing their copyrighted work

3. Preparing derivative works of their copyrighted work

4. Publicly performing their copyrighted work

5. Publicly displaying their copyrighted work and

6. Publicly performing (digitally) their copyrighted work

These rights make it very enticing to copyright protection because without copyright protection it would be very difficult for artists to make money off of the copyrightable material they created. It is also important to note that copyright protection lasts the entire life of the creator plus 70 years. Once this protection expires, the work is in the public domain, free for anyone to use. 

Copyright Protected Works in the Music Industry:

In the music industry there are two works that are created by the artist that are protected by copyright:

1. Musical work (musical composition)

2. Sound recording

A musical work is the composition of the song along with the lyrics created by the artist. A sound recording is the process of capturing the actual sound and converting it into digital and other formats. The sound recording is created by either the artist themselves or by a producer who mixes the track.

Copyright Infringement

Copyright laws protect the creators from copyright infringement. But how can someone know if they have or have not infringed on someone else’s work? There are two requirements for copyright infringement to occur: 

1. Someone engages in an exclusive right of the copyright owner without permission

2. And literal or substantial copying 

Copyright infringement comes with severe penalties including (Copyright Infringement Penalties): 

1. Infringer pays the actual dollar amount of damages and profits

2. There is a range the infringer has to pay between $200-$150,000 for each infringed work

3. Infringer pays all attorney fees and court costs

4. Court can impound the illegal works

So it is very advisable to not infringe on someone else's copyrighted works. This is why, in order to cover songs legally, mechanical licenses will be needed. 

Why Do Artists Even Need a Mechanical License in the First Place?

Mechanical licenses are needed because it grants the artist who holds the license legal permission to use the musical work (music and lyrical elements) of an already copyrighted composition. The artist who purchases the license is essentially paying for the right to reproduce the song in audio formats such as CDs, vinyls, and digital downloads on apps like Spotify, Apple Music, YouTube Music, and Tidal. This license makes sure that you are in compliance with copyright laws and would help prevent content takedowns, copyright strikes, and potential lawsuits. 

What Are the Steps To Obtain A Mechanical License?

An option is to get a compulsory mechanical license. A compulsory mechanical license has three requirements. “First, the song you are covering was previously released as an audio-only recording. Second, your cover song will be an audio-only record. Third, the primary purpose of your cover song is to sell it to the general public for their private use” (“Recording a Cover Version”). Going for a compulsory mechanical license could be beneficial for cover artists because if the three requirements are satisfied, the music publisher of the original song has no choice but to allow you to record your cover version of their song (‘Recording a Cover Version’). The difference between a mechanical license and a compulsory mechanical license is that a compulsory mechanical license is granted automatically under the three requirements, while a regular mechanical license is obtained through direct negotiation with the copyright holder. The only limitation to a compulsory mechanical license is that in order to cover a song it must have already been distributed to the public in a physical format. However, there is an exception known as a streaming compulsory mechanical license. This license permits the cover artist to release a cover of a song only in a streaming format even if it has not been distributed to the public yet by the original composer. The royalty fees are set by the Copyright Royalty Board. The rates are ¢9.1 for physical sound recording or ¢1.75 per minute for songs over five minutes. The licensee has to choose the rate with the larger fee to ensure that the original composer receives fair compensation (‘When to Obtain a Compulsory Mechanical License’). 

Other options to obtain a mechanical license include the following: 

1. There are certain distributors for artists to sell their music on websites such as Tunecore (Tunecore).

2. There are websites that provide services to clear the music licenses and give the cover artist the rights to cover songs wish to cover.  One of these websites is called Easy Song which for a fee will obtain the necessary licenses for musicians. Royalty rates in the US are set at 12.4¢ per song for physical media and 2.38¢ per minute for digital downloads. Also, the length of the song plays a role in the royalty rate. A song 5 minutes or less is ¢12.4 cents and a song 5:01 minutes or more is ¢2.38 per minute (Clear Music Rights for Any Use - Get Permission). 

What Is A Synchronization License? A Master License?

A synchronization license is a legal agreement between the artist of an originally created song and an artist who wishes to cover that song with a visual media such as a music video or in a film. This license grants the artist who plans to cover a song permission to release the song in a video format such as YouTube, DVDs, Film, video games, etc. This permission is called synchronization right. Not only does an artist need a synchronization license but they also need a master license. The master license gives the holder the right to reproduce a specific recording of a song in a visual format. This license is a little different from a regular mechanical license because the person who pays for the license is actually paying for a recording of the artist. This license does NOT give the holder permission to cover or edit the song but since a master license is generally issued with a synchronization license it is worth mentioning. 

How Do You Obtain a Synchronization License? A Master License?

A synchronization license is obtained from the copyright owner of the music you wish to reproduce; this is usually the publisher. Master licenses are obtained from the record label who own the specific recording you would like to use. 

Is That Everything?

Yes, that's everything. There are actually 3 more music licenses in addition to the four already covered: 

1. Public Performance License: Applies to any broadcast of an artist’s work including in a store, TV’s in bars, or any other form of public performance. 

2. Print Rights License: This refers to a copy of sheet music that the artist created. 

3. Theatrical License: Used for the theater industry if someone plans to include a copyrighted song in their play.