How to Release a Cover Song Legally

You recorded a cover song. It sounds great. You want to release it.

But you can't just upload it and hit publish. Cover songs require licensing — and the type of license depends on how and where you're releasing. Get it wrong and your track gets pulled. Get it really wrong and you're facing a copyright infringement claim.

Cover vs. Interpolation vs. Sample

Before diving into licensing, confirm what you've recorded actually qualifies as a cover:

Cover song: You performed someone else's composition with the original lyrics and melody substantially intact — even if you changed tempo, key, or arrangement. This qualifies for a compulsory mechanical license, meaning you don't need the songwriter's permission, just the right license.

Interpolation: You re-recorded part of an existing song and wove it into an original composition. No compulsory license exists — you need direct permission from the composition copyright holder and a negotiated fee.

Sample: You used a piece of the actual original recording. This requires two separate licenses: one for the composition (publisher) and one for the master recording (label/artist). Both must be negotiated directly.

Remix: You reworked the original recording with the artist's or label's authorization through a specific remix agreement.

If your recording is a straightforward cover, keep reading. Interpolations and samples require direct negotiation with rights holders — a different process entirely.

The Two Copyrights

Every recorded song creates two separate copyrights:

1. The composition — melody, lyrics, and musical structure. Owned by the songwriter(s) and publisher(s). Covering a song means reproducing this composition, which triggers a mechanical license.
2. The master recording — the specific recorded performance. When you record your own cover, you own this master. You don't need permission from the original artist's label.

This is why covers are simpler than samples: you only license the composition, not the original recording.

What License Do You Need?

13.1¢

per copy — 2026 US statutory mechanical rate

Streaming (Spotify, Apple Music, Tidal)

Under the Music Modernization Act, streaming platforms operate under a blanket mechanical license administered by the MLC. You don't need a separate license for streaming-only releases. Your distributor reports the cover to the platform, and the blanket license handles royalties to the original songwriter.

You do need to flag the track as a cover when uploading to your distributor. Skip this and you risk removal.

Digital Downloads (iTunes, Amazon, Bandcamp)

Permanent downloads require a mechanical license at the statutory rate — 13.1 cents per download for songs under five minutes (2.52 cents/minute for longer songs). Options:

• Your distributor: DistroKid charges $12/year per cover and handles licensing through HFA
• HFA Songfile: License directly for up to 2,500 copies
• Easy Song Licensing: Third-party service with limited and unlimited options
• DIY compulsory license: File a Notice of Intention (NOI) under Section 115 at least 30 days before release. Cheapest, but you handle monthly royalty accounting yourself

Physical Copies (CD, Vinyl, Cassette)

Same statutory rate — 13.1 cents per unit. You pay on copies manufactured, not sold. Press 500 CDs, you owe royalties on 500.

YouTube Videos

A music video combines audio with visual content — that's a synchronization. You technically need a sync license from the publisher, and there is no compulsory sync license.

In practice, YouTube's Content ID system identifies covers and routes ad revenue to rights holders rather than issuing takedowns. But this is a platform-level arrangement, not a license you hold. The rights holder can still monetize your video, block it in certain countries, or issue a takedown.

For monetizing cover videos, obtain a sync license from the publisher. Services like Easy Song Licensing offer YouTube-specific sync licenses ($15-30).

TikTok and Short-Form Video

TikTok has music licensing agreements with publishers. Non-commercial personal accounts can post covers using TikTok's built-in sounds (up to one minute). Business accounts are restricted to TikTok's Commercial Music Library.

Live Performance

Venues that host live music hold performance licenses from PROs (ASCAP, BMI, SESAC). The venue's license covers your live covers — you don't need one. But if you're recording a live performance for commercial release, you're back to needing mechanical and/or sync licenses.

The Licensing Checklist

1. Confirm it's actually a cover. Lyrics and melody substantially intact? If not, you need direct publisher permission.
2. Confirm the original has been commercially released. Compulsory licenses only apply to previously published songs.
3. Identify the rights holders. Look up the song on ASCAP ACE, BMI Repertoire, or HFA's Songfile database.
4. Choose your licensing method. Streaming-only? Flag as cover with your distributor. Downloads/physical? Use DistroKid's licensing, HFA Songfile, Easy Song, or file an NOI.
5. Secure the license before release. NOIs require 30 days lead time. Licensing services need 1-2 weeks.
6. Get a sync license if releasing video. Contact the publisher or use a service like Easy Song Licensing.
7. Set up proper metadata. Mark the track as a cover and include original songwriter/publisher credits.
8. Track royalty obligations. DIY compulsory licenses require monthly statements and payments. Services handle this automatically.

What Happens Without a License?

Releasing a cover without licensing is copyright infringement:

• Track removal from streaming platforms and distributors
• Revenue seizure — Content ID claims all ad revenue; other platforms withhold earnings
• Statutory damages up to $150,000 per work for willful infringement
• Account penalties — repeated claims can terminate your distributor account or platform channel

The cost of a mechanical license is trivially small compared to these risks.

International Considerations

The US compulsory license system is relatively unique. Other countries have their own mechanical rights organizations: MCPS (UK), CMRRA (Canada), AMCOS (Australia), and national collection societies across the EU (GEMA, SACEM, SIAE).

If you're distributing globally through a major distributor, the MLC blanket license covers US streaming, and your distributor's international agreements generally handle the rest. For physical and download releases in specific countries, check with the local rights society.

FAQ

Do I earn royalties on my cover song?

Yes — you own the master recording of your version, so you earn master-side royalties from streaming and sales. You do not earn composition royalties — those belong to the original songwriter(s).

Do I need a separate license for each version?

Yes. A studio version and a live version each need their own mechanical license — they're separate phonorecords under copyright law.

What about AI-generated covers?

AI voice cloning and AI-generated covers are a rapidly evolving legal area. The mechanical license covers the composition — it does not grant rights to simulate a specific performer's voice. Using AI to replicate an artist's voice without permission raises right-of-publicity and potentially trademark issues on top of the standard licensing requirements.