Recording a cover of someone else's song and putting it on streaming is one of the most common things independent artists do. It is also one of the most commonly done wrong. The misunderstanding is consistent: artists assume the act of releasing a cover is inherently legal as long as they credit the songwriter, or that streaming platforms handle the licensing behind the scenes. Neither is true. Releasing a cover without a mechanical license is copyright infringement, and the fact that unlicensed covers exist on major platforms does not mean they are authorized.
The good news is that the rules are clear and the process to comply is straightforward. An independent artist who understands what is required, and why, can clear a cover song correctly before distribution and avoid the takedowns, claims, and liability that unlicensed releases carry.
This article is for educational purposes. It is not legal advice. For complex arrangements, rearrangements, or high-stakes releases, consult a music attorney.
The compulsory mechanical license right
Under US copyright law, once a song has been commercially released, any artist has the right to record and distribute a cover of that song without the songwriter's permission. This is the compulsory mechanical license, established under Section 115 of the Copyright Act.
The right is conditional. The cover must be a faithful reproduction of the song, or close to it. The artist must obtain a mechanical license (not simply proceed without one). The artist must pay the statutory mechanical royalty rate to the composition rights holder. And the right applies to audio-only releases: recordings distributed as songs. It does not apply to audiovisual uses.
Paying the statutory rate is not optional. It is what makes the cover legal. The compulsory license removes the need for the songwriter's permission but not the obligation to compensate them.
For a deeper look at how mechanical royalties work and who collects them, see the performance royalties vs. mechanical royalties breakdown and the Mechanical Licensing Collective explainer.
How to get a mechanical license
Most independent artists obtain mechanical licenses through a licensing clearinghouse rather than directly through the compulsory statutory process, which involves specific notice requirements and paperwork.
Several services specialize in cover-song licensing for digital distribution. The Harry Fox Agency is a long-established US licensing organization that has handled mechanical licensing for decades. Other clearinghouses designed for independent and DIY artists automate the process: the artist identifies the song, the service identifies the rights holder, files the necessary paperwork, calculates the royalty obligation, and handles ongoing royalty payments to the publisher on the artist's behalf.
Some distributors offer integrated cover-license services at the point of distribution setup. This approach is convenient because the license clearance and the distribution steps are handled in the same workflow. An artist submitting a cover release through such a distributor can confirm licensing status before the track goes live.
Regardless of which route is used, the license must be in place before distribution. Obtaining a license after a release is already live does not retroactively protect against the period of infringement before the license was cleared.
Audio covers versus video covers: a critical distinction
The compulsory mechanical license covers audio-only distribution: a recording released as a song on streaming platforms, as a download, or on a physical format. The moment a cover recording is synchronized with visual content, the rules change entirely.
A sync license is required for any visual use of the cover. This includes a YouTube music video, a lyric video, a performance clip, a TikTok or Instagram Reel, or any other audiovisual format. There is no compulsory right to a sync license. The publisher controls synchronization rights and can grant or deny permission at any price they choose, or decline entirely.
This distinction catches many independent artists off guard. An artist who correctly obtains a mechanical license to distribute an audio cover on Spotify does not have permission to post a music video of that cover on YouTube. The two rights are separate. Posting a cover video without a sync license exposes the artist to a content ID claim, a takedown, or direct legal action from the publisher.
To get a sync license, the artist or their representative must contact the music publisher or rights administrator directly and negotiate terms. There is no standard process equivalent to the compulsory mechanical right.
The statutory mechanical rate
For cover releases, the royalty owed to the composition rights holder is set by the Copyright Royalty Board in the United States. The rate applies per copy or per stream, depending on the distribution format.
For permanent digital downloads and physical copies, the rate is set on a per-song, per-unit basis and is updated periodically. For streaming, mechanical royalties flow into the broader streaming mechanical pool administered by The MLC, which distributes them to publishers and self-published songwriters.
The statutory rate applies to faithful reproductions. If an artist substantially rearranges the melody or alters the lyrics of the covered song, the result may be considered a derivative work under copyright law. A derivative work requires the copyright owner's permission beyond the mechanical license. A minor key change, a tempo shift, or a genre reinterpretation is generally considered faithful. Substantially rewriting verses or changing the melody significantly is a different situation, and artists considering significant rearrangements should get legal guidance before proceeding.
What streaming platforms handle and what they do not
A common misconception is that major streaming platforms take care of licensing automatically when an artist uploads a cover. They do not. Platforms that use content ID technology, such as YouTube, may detect an unlicensed cover and apply a claim on behalf of the rights holder, but a claim is not a license. It is an enforcement action. The absence of a claim does not mean the cover is licensed.
Streaming platforms require distributors to warrant that the content they deliver is properly licensed. The responsibility sits with the artist and distributor. If a cover is delivered without a valid mechanical license, the artist is exposed regardless of whether the platform catches it immediately.
See the four royalty streams explainer for a broader view of how composition and recording rights interact across all royalty types, and the how to register songs with a PRO guide for the composition registration steps that are separate from cover licensing.
The most common mistakes
Four mistakes account for the majority of cover-song compliance problems among independent artists.
Releasing without any mechanical license at all, assuming the platform will handle it. It will not, and the release is infringing from the moment it goes live.
Assuming a mechanical license covers a music video. It covers audio only. Video requires a separate sync license negotiated with the publisher.
Using a song without clearing the cover because the original is very old or obscure. Age does not determine copyright status. A song must be in the public domain before it can be covered without any license, and US public domain cutoffs are later than most artists assume. An obscure song is still protected if it was written within the copyright term.
Waiting until after distribution to clear the license. The compliance window is before the release goes live, not after a claim arrives.
The process to release a cover correctly is not complicated. Identify the rights holder, use a clearinghouse or distributor cover-license service to obtain the mechanical license, confirm the license is in place before distribution, and obtain a sync license separately if any video use is planned. Done in that order, a cover release is clean, legally sound, and ready for distribution.
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More from the Indie Label / Artist Dev desk →Frequently asked
Do I need permission from the songwriter to release a cover song?
Not for an audio-only release. Under US copyright law, once a song has been commercially released, any artist may record and distribute a cover without the songwriter's permission, as long as a mechanical license is obtained and the statutory mechanical royalty is paid. This is the compulsory license right. However, if you want to release a music video or any visual version of the cover, you do need a sync license, and that does require the publisher's permission. There is no compulsory right to a sync license.
How do I get a mechanical license for a cover song?
The most practical route for independent artists is a licensing clearinghouse that specializes in cover-song licenses for digital distribution. These services look up the rights holder, file the license, and handle the ongoing royalty payments to the publisher on your behalf. Some major distributors also offer cover-license services integrated into the distribution setup process. Alternatively, you can pursue the statutory compulsory license process directly under US copyright law, but the clearinghouse route is simpler for most independent releases. Licenses must be in place before distribution, not after.
What happens if I release a cover song without a mechanical license?
Releasing a cover without a mechanical license is copyright infringement of the composition. The practical consequences can include a copyright claim or content ID match on streaming and video platforms, takedown of the release, withholding of royalties, and potential legal liability to the publisher. Many artists assume that streaming platforms handle licensing automatically or that covers are exempt. They are not. The platform's content ID system may catch an unlicensed cover, but the absence of a claim does not mean a license exists or that liability has been waived.