If you've recorded someone else's song, you'll need to secure a mechanical license for that song before you release it into the world.
Find out more about Copyrights
Excellent
by Peter Smith
Peter Smith is a professional pianist, arranger, composer, and producer who enjoys putting his Columbia English degre...
Updated on: July 30, 2024 · 3 min read
We can all think of favorite tribute albums or beloved versions of songs by artists who didn't write those songs themselves. How did these artists release those recordings without infringing on the songwriter's copyright? They obtained a mechanical license for every “cover" song before releasing it. Mechanical licenses grant you permission to release audio versions of songs you didn't compose yourself.
You'll need to secure a mechanical license for any cover song you've recorded—a "cover" song is a song you didn't write or originally record yourself.
Whether you're selling physical copies of CDs or releasing digital recordings on streaming platforms, a mechanical license protects you from accusations of copyright infringement. Under copyright law, if someone wants to record someone else's song and is willing to pay for the associated mechanical license, then the songwriter must grant that license.
It's important to remember that a mechanical license only applies to audio recordings of someone else's music. A mechanical license won't apply if you release a video of someone else's song or if you're sampling some of the songwriter's original recording. A mechanical license strictly applies to your own audio recordings of songs written or performed by other people.
While you can try to contact copyright holders directly, most people opt for a service that grants mechanical licenses. When it's time to secure your mechanical license, visit one of these services online and answer a series of questions regarding your expected distribution—such as how many streams you think you'll have or how many units you intend to sell. The money you pay for the mechanical license covers the royalty payment to the copyright holder of the song.
The cost of a mechanical license depends on your expected distribution and sales. The more units you intend to sell, the higher the fee will be for the license. Based on the numbers you enter, the service provider assigns a fee for the mechanical license. Once they process the fee, you'll have the license and then you're permitted to release your version of the song. You can go online and determine these costs at any time during the process, so if you know what covers you want to perform, you can check out the costs before you head into the studio.
Mechanical licenses are “compulsory" according to the U.S. Copyright Act. That means songwriters are required to grant mechanical licenses (for a fee) to anyone who wishes to record their songs. This part of the Copyright Act intends to promote creativity in music, giving us different interpretations of music while still protecting songwriters and composers.
For a mechanical license to be valid, the performer needs to play/sing the song exactly as it was written. A mechanical license doesn't enable someone to copy bits of the song and create something new—that would be considered a derivative work and would constitute copyright infringement.
Performers who release recordings of cover songs without securing mechanical licenses for those songs risk the consequences of copyright infringement. Organizations exist that are dedicated to tracking down people who violate musical copyrights. And if you plan to release your recordings through any of the main streaming facilitators, you'll find that most of those services want the mechanical license information for the covers before they release your recordings on the streaming platforms. While fees vary for mechanical licenses, they are generally low enough that people don't skip this step. You should factor the costs of mechanical licenses into your album project budget and make sure you get them before you release your cover songs into the world.
You may also like
What Is a Registered Agent? A Business Compliance Guide
A registered agent receives legal documents and official government communications on behalf of a corporation or LLC. When choosing a registered agent and satisfying that requirement, you've got some options.
July 18, 2024 · 10min read
How to Write a Will: A Comprehensive Guide to Will Writing
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read
How to Get an LLC and Start a Limited Liability Company
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
October 3, 2024 · 11min read