A mechanical license is the legal permission you need to reproduce and distribute someone else’s copyrighted song in audio format. Whether you’re recording a cover version, pressing vinyl, or distributing music digitally, this license ensures songwriters and publishers get paid when their compositions are reproduced. It’s different from other music rights because it specifically covers the reproduction of the musical composition itself, not the original recording.
A mechanical license grants permission to reproduce and distribute a copyrighted musical composition in various audio formats. This includes physical copies like CDs and vinyl, digital downloads, and streaming services. The license covers the underlying composition (melody, lyrics, and arrangement), not the original sound recording.
Musicians need mechanical licenses whenever they want to record someone else’s song. This applies to cover versions, remixes, or any reproduction of a copyrighted composition. If you’re planning to release a cover song on Spotify, sell it on iTunes, or press it onto physical media, you’ll need this license. The same goes for sampling portions of existing songs in your own productions.
It’s important to understand that mechanical rights are separate from performance rights and synchronization rights. While performance rights cover public performances and sync rights cover music used in visual media, mechanical rights specifically address the reproduction and distribution of the composition. Many artists learning through music production courses often overlook this distinction, which can lead to legal complications down the road.
The mechanical licensing process starts with identifying who owns the copyright to the song you want to cover. This information is typically available through performing rights organizations like ASCAP, BMI, or SESAC, or through the Copyright Office. Once you know the publisher, you can request a license directly or use a licensing agency.
For songs registered in the United States, you can obtain compulsory mechanical licenses through agencies like the Harry Fox Agency or Music Reports. These services streamline the process by handling the paperwork and royalty payments on your behalf. You’ll need to provide details about your planned release, including the number of copies you intend to distribute and the formats you’ll use.
The compulsory licensing provision means that once a song has been commercially released, the copyright owner must grant mechanical licenses at the statutory rate, provided you follow proper procedures. You’ll need to serve a Notice of Intent to the copyright owner or their agent before distributing your version. Digital platforms often have blanket licenses that cover mechanical rights for their users, but it’s your responsibility to ensure proper licensing for physical releases or independent digital distribution.
Mechanical licenses specifically cover the reproduction and distribution of musical compositions, while other licenses serve different purposes. Synchronization licenses are required when you want to use music in combination with visual media like films, TV shows, or YouTube videos. Performance licenses cover the public performance of music in venues, on radio, or through streaming services.
Master use licenses are often confused with mechanical licenses, but they’re fundamentally different. A master use license gives you permission to use a specific recording of a song, while a mechanical license allows you to create your own recording of the composition. If you want to use the original Beatles recording of “Yesterday” in your project, you need a master use license. If you want to record your own version of “Yesterday,” you need a mechanical license.
Many projects require multiple licenses. For instance, if you’re creating a music video of your cover song, you’ll need both a mechanical license (for the audio reproduction) and a sync license (for combining the music with video). Understanding these distinctions helps avoid costly mistakes and ensures all rights holders receive proper compensation. Students in music production courses often find this topic confusing initially, but grasping these differences is vital for a professional music career.
In the United States, the statutory mechanical royalty rate is 9.1 cents per copy for songs five minutes or less, or 1.75 cents per minute for longer songs. This means if you press 1,000 CDs of a four-minute cover song, you’ll pay $91 in mechanical royalties. For a seven-minute song, the rate would be 12.25 cents per copy.
These statutory rates apply to physical products and permanent digital downloads. Streaming services operate under different payment structures, with mechanical royalties calculated as a percentage of the service’s revenue, divided among all streamed songs based on their share of total streams. The exact amount varies by platform and can be quite complex to calculate.
International rates vary significantly. In Europe, mechanical royalty rates are typically higher than in the US, often ranging from 8-10% of the published price to dealer. Some publishers may negotiate rates above the statutory minimum, particularly for special projects or high-profile releases. Bulk licensing discounts are sometimes available for large quantities, but these must be negotiated directly with the copyright owner rather than relying on compulsory licensing provisions.
Any artist, band, or producer who plans to distribute a cover song commercially needs a mechanical license. This includes independent artists uploading to streaming platforms, bands pressing physical albums, and producers creating remixes for sale. The responsibility falls on whoever is manufacturing or distributing the recording.
Digital distribution platforms have different policies regarding mechanical licenses. Some distributors like DistroKid and CD Baby offer mechanical licensing services, handling the licensing process for cover songs distributed through their platforms. However, if you’re pressing physical copies or using a distributor that doesn’t provide this service, you must secure the license yourself before release.
Common mistakes include assuming that crediting the original artist is sufficient (it’s not), believing that non-profit releases don’t need licenses (they do), or thinking that changing the arrangement exempts you from licensing requirements (it doesn’t). Releasing a cover without proper licensing can result in your music being removed from platforms, legal action from copyright owners, and damage to your professional reputation. We always recommend that artists thoroughly understand licensing requirements before beginning any cover song project.
Understanding mechanical licenses might seem complex at first, but it’s a fundamental part of the music business. Whether you’re recording covers, producing remixes, or teaching others through music production courses, knowing these basics protects both your creative work and your professional relationships. Taking the time to properly license music shows respect for fellow creators and ensures everyone gets fairly compensated for their work.
If you’re ready to learn more, contact our experts today