Do You Need a Mechanical License to Cover a Song? Clarifying the Legal Requirements

In this article, we will explore the legal requirements for recording and distributing cover songs. Whether you're planning to sell them or simply use them for personal enjoyment, understanding the correct approach is crucial to avoid legal issues. We'll discuss when a mechanical license is needed, the process of obtaining it, and the associated costs.

Understanding Mechanical Licenses for Cover Songs

When you cover a song that you don't intend to sell, you still need to obtain a mechanical license. This is because you are reproducing and distributing a copyrighted song, which requires permission from the copyright holder. The copyright holder typically includes the songwriter and the music publisher.

If distributing your recording is the main goal, the mechanical license will help you to legally cover the song and distribute it. Even if you give the copies away, a mechanical license must be obtained. The cost is generally very low, which we will explore in detail later.

Obtaining a Mechanical License for Cover Songs

To be on the legal side, especially for public distribution, it is essential to contact the publisher of the song. In many cases, you can use a service like Easy Song Licensing or the Harry Fox Agency to handle the process. These services can handle the research on which publishers are involved, calculate the necessary royalties, and send those royalties to the right parties.

For YouTube videos specifically, it is recommended to contact the publisher to ensure compliance. The service might charge a small fee, but it costs significantly less than the royalties you would pay for a large number of copies.

Finding the Right Publisher

The first step is to identify the publisher of the song you are covering. This can be challenging, as ownership can sometimes be unclear. Once you know the publisher, you can then contact them to request the mechanical license. If you are planning to distribute your cover song, the publisher will be the one to license the use of the song.

Costs Associated with Mechanical Licenses

The cost of a mechanical license for a cover song is relatively inexpensive. For every copy you plan to make, you will pay royalties of less than 10 cents per copy. This means that if you make 10 copies, you would pay $1, and if you make 100 copies, you would pay $10.

Here's a breakdown of the process:

Research and Identification: Identify the song and the copyright holder. Contact the Publisher: Reach out to the publisher to request the mechanical license. Transaction: Use a service like Easy Song Licensing to handle the transaction for a low fee, generally around $15. Payment: Pay the necessary royalties based on the number of copies you plan to make.

Personal Use and Mechanical Licensing

There is a grey area when it comes to personal use of cover songs. If you are planning to record a cover song strictly for your own personal use and do not intend to sell or distribute it, you may not need to obtain a mechanical license. However, it is recommended to credit the composer and the publisher, as a sign of respect and to avoid potential legal issues.

For official recordings or if you are making demo tapes or recordings intended for distribution, a mechanical license is required. Failing to obtain this license could result in legal complications and potential fines.

Summary

To summarize, you do need a mechanical license to cover a song, even if you don't intend to sell it. The process involves identifying the copyright holder, contacting the publisher, and using a service like Easy Song Licensing to handle the transaction. The costs are minimal, making it an affordable step to ensure compliance with copyright laws.

Understanding the legal requirements for cover songs is crucial for both ethical and practical reasons. It ensures that you are respecting the rights of the original creators and avoids any potential legal issues.