Cover Songs & Samples

Cover Songs

A cover song is a new recording of a song that was previously recorded and released by another artist. You need a mechanical license to legally distribute a cover song — permission from the song's copyright owners (the publishers/songwriters).

How to License a Cover

• For US digital distribution: Use a service like DistroKid's Cover Song Licensing, Easy Song Licensing, Songfile (Harry Fox Agency), or apply directly to publishers
• Automatic license for physical distribution (US): Under the US compulsory mechanical license (17 U.S.C. § 115), if a song has been commercially released in the US, you can record your own version by paying the statutory rate
• UK / EU: License through MCPS or contact the publisher directly

Statutory Mechanical Rate (US, 2024)

The statutory mechanical rate set by the Copyright Royalty Board (CRB) for physical and permanent digital downloads:

• Songs 5 minutes or less: 9.1 cents per copy
• Songs over 5 minutes: 1.75 cents per minute
• For streaming, the rate is more complex — calculated as a percentage of revenue

Samples

Sampling is using a portion of someone else's sound recording in your own track. It requires two separate licenses:

• Master license: From whoever owns the original recording (usually the label or artist). This can be very expensive.
• Sync/composition license: From the publisher/songwriter of the underlying composition.

Clearing a Sample

• Identify the master owner (usually the record label in the liner notes or on AllMusic)
• Identify the publisher (search BMI, ASCAP, or the MLC database)
• Contact both parties — often through their licensing departments
• Negotiate a flat fee, a royalty percentage, or a combination
• Get written confirmation before releasing

Alternatives to Sampling

• Interpolation: Re-record the melody yourself (live musicians) — you only need a composition license, not a master license
• Sample packs: Use royalty-free or licensed sample libraries (Splice, Loopmasters, Native Instruments)
• Replay: Hire musicians to recreate the element entirely

Creative Commons Music

Some artists release music under Creative Commons licenses, which allow use under specific conditions (attribution, non-commercial, no derivatives, etc.). Always read the specific license — CC-BY allows broad reuse; CC-BY-NC-ND allows sharing only with attribution.