How to Get a Mechanical License for a Cover Song
Yes, you need a mechanical license to legally release a cover song, but in the US you don't need the original songwriter's personal permission — the law grants a "compulsory" mechanical license to anyone who follows the proper process and pays the required royalty. Most independent artists get this license automatically through their distributor rather than filing it themselves.
Here's exactly how cover song licensing works and how to release one the right way.
Do You Need Permission to Cover a Song?
You need a license, not personal permission, and that's an important distinction. US copyright law includes a "compulsory mechanical license" provision: once a song has been commercially released to the public, any artist can record and distribute their own version of it without asking the songwriter's permission, as long as they:
- Don't change the fundamental character, melody, or lyrics of the composition (you can rearrange the style/genre, but not alter the lyrics or add new lyrics without separate permission)
- Pay the statutory mechanical royalty rate for every reproduction/stream
This system exists specifically so cover songs don't require individual negotiation with every songwriter. It's a legal mechanism, not a courtesy.
Important exception: the compulsory license only covers audio reproductions (streaming and downloads). It does not cover music videos, lyric videos, or any synced visual content — that requires a separate sync license negotiated directly with the publisher, which they can refuse or set any price for.
Mechanical License: Streaming vs. Download vs. Video
| Use Case | License Type | How to Get It |
|---|---|---|
| Streaming audio (Spotify, Apple Music, etc.) | Compulsory mechanical license | Automatic via distributor or licensing service like HFA or Easy Song Licensing |
| Digital download sales | Compulsory mechanical license | Same as above |
| Music video / YouTube upload with visuals | Sync license (not compulsory) | Direct negotiation with the publisher — they can say no |
| TikTok / Instagram Reels usage | Platform-level licensing (separate from your release) | Generally covered by platform deals, but rules vary; see how to get your music on TikTok |
| Physical copies (vinyl, CD) | Compulsory mechanical license | Same licensing services as streaming |
This distinction trips up a lot of artists: getting a mechanical license clears your audio release, but if you also want to post a music video of your cover, that's a completely different (and non-compulsory) license you'd need to negotiate separately with the publisher.
Step-by-Step: How to Release a Cover Song
1. Confirm the song has been previously released
The compulsory license only applies to songs that have already been commercially released by the original rights holder. You can't cover an unreleased song without direct permission.
2. Identify the publisher and songwriter
You'll need this information to properly license and pay royalties. Search databases like the MLC public song search, or use a licensing service that does this lookup for you.
3. Get the mechanical license
You have three practical paths:
- Use a licensing service (like Easy Song Licensing, Songfile via HFA, or Loudr) — you pay a per-unit fee upfront and they issue the license. This is the simplest route for most indie artists.
- File a Notice of Intention (NOI) directly with the copyright owner or the U.S. Copyright Office if the owner can't be located — this is the formal legal process behind the compulsory license, but it's more paperwork than most artists want to deal with.
- Go through your distributor. Many distributors, including Banger, offer cover song licensing as part of the release process so you don't have to handle it manually. Check built-in promo tools like pre-save links for how this works.
4. Pay the statutory mechanical royalty
The rate is set by the US Copyright Royalty Board and adjusts periodically — for streaming, it's calculated per-stream/per-subscriber under a formula rather than a flat per-copy rate like physical/download mechanicals. Licensing services calculate this for you automatically.
5. Credit the songwriter correctly in your metadata
When you upload your cover, list the original songwriter(s) as the composer/writer in your distributor's metadata fields, and clearly mark the track as a cover if the platform provides that option. Your name goes in as the performing artist, not the writer — this is not optional. For more on this, see what is an ISRC code, since your cover gets its own unique recording identifier separate from the original.
6. Release through your distributor
Once your license is secured, upload your cover like any other release. See how to upload music to Spotify and how to upload music to Apple Music for the platform-specific steps.
What Happens If You Skip the License?
Releasing a cover without a mechanical license is copyright infringement, full stop — "I'll get permission later" or "it's just on streaming, no one will notice" doesn't hold up legally. Consequences can include:
- Takedown of your release from streaming platforms
- Back-owed royalties plus potential damages
- Strain on your relationship with your distributor if it happens repeatedly
Platforms and publishers increasingly use automated content matching to catch unlicensed covers, so "flying under the radar" is a shrinking option, not a real strategy.
Cover Songs vs. Interpolations vs. Samples
Don't confuse a cover (a new recording of an existing song) with an interpolation (re-playing a melodic or lyrical snippet within a new song) or a sample (using an actual audio clip from the original recording). Covers use the compulsory mechanical license system described above. Interpolations and samples follow different clearance rules entirely — see beat licensing and sampling 101 for that process.
This article is general information for independent musicians and is not legal advice.
FAQ
Do I need permission to cover a song?
You need a mechanical license, but under US compulsory licensing law you don't need the songwriter's personal permission for audio-only releases (streaming, downloads, physical) as long as the original song was previously commercially released and you pay the statutory royalty.
Can I make a music video for my cover song without extra licensing?
No. The compulsory mechanical license only covers audio reproduction. A music video or any visual pairing requires a separate sync license negotiated directly with the publisher, who can charge any fee or decline entirely.
How much does a mechanical license for a cover song cost?
The rate is set by statutory formula and varies by usage type (physical/download mechanicals have historically used a per-copy statutory rate, while streaming uses a more complex formula). Licensing services calculate and collect this for you, typically for a small service fee on top.
Can I change the lyrics of a cover song?
Not under the compulsory license. That license only covers faithful reproductions of the existing composition; you're allowed to change the arrangement, tempo, or style, but not the fundamental lyrics or melody, without direct permission from the publisher.
Where do I find who owns the publishing rights to a song I want to cover?
Start with The MLC's public song search database, or use a cover licensing service that performs this lookup as part of issuing your license. See what is the MLC for more on how that database works.
Does my distributor handle cover song licensing automatically?
It depends on the distributor. Some offer built-in cover licensing as part of the upload flow; others require you to secure the license yourself before uploading. Check built-in promo tools like pre-save links for what's included with your Banger account.
Release Your Cover Song the Right Way
Once your mechanical license is sorted, Banger for Artists gets your cover song live on every major streaming platform with clean, accurate metadata. Start your release with Banger.
