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Do You Need Permission to Cover a Song? (Legal Guide 2026)

StemSplit Team
StemSplit Team
Do You Need Permission to Cover a Song? (Legal Guide 2026)
Summarize with AI:

You want to record a cover song. Do you need permission? The short answer: it depends on what you're doing with it.

Here's the complete guide to cover song licensing in 2025.

Quick Answer

Use CasePermission Needed?
Recording for distribution (Spotify, Apple)Yes — Mechanical license
YouTube videoTechnically yes, but often handled via Content ID
Live performance at licensed venueUsually no — venue has blanket license
Personal use (not distributed)No
Streaming on TwitchComplex — varies

Before diving into cover licenses, understand what you're licensing:

Two Separate Copyrights

  1. Composition (Song): The lyrics and melody

    • Owned by: Songwriter(s) and/or publisher
    • What you need for covers: Mechanical license
  2. Master Recording: The actual recorded audio

    • Owned by: Record label or artist
    • Not needed for covers (you're making a new recording)

When you record a cover, you only need rights to the composition — because you're creating your own recording.


Making cover instrumentals? StemSplit can extract instrumentals from songs — great for creating practice tracks, but not a license substitute.

Create Practice Tracks →


Scenario 1: Distributing on Streaming Services

Do you need permission? Yes — you need a mechanical license.

What is a Mechanical License?

A mechanical license gives you the right to reproduce and distribute a copyrighted composition. It's called "mechanical" from the days of piano rolls and phonograph records.

How to Get One

Option 1: Through Your Distributor

Many distributors include cover song licensing:

  • DistroKid: Built-in cover song licensing
  • CD Baby: Cover song licensing service
  • TuneCore: Cover song clearing

Cost: Usually $15-20 per song plus ongoing royalty payments.

Option 2: Directly from Harry Fox Agency

The main mechanical licensing organization in the US:

  • songfile.com
  • Cost: Statutory rate per copy

Option 3: Easy Song Licensing / Loudr

Specialized services for independent artists.

Statutory Rate (US)

You can't be denied a mechanical license for songs already publicly released. The rate is set by law:

  • 9.1¢ per copy for songs under 5 minutes
  • 1.75¢ per minute for songs over 5 minutes

For streaming, rates are calculated differently (per-play).

Scenario 2: YouTube Videos

Do you need permission? Technically yes, but practically it's complicated.

How YouTube Works

  1. You upload a cover
  2. Content ID detects it (matches against publisher's database)
  3. Publisher can choose to:
    • Monetize your video (ads, they get revenue)
    • Block your video
    • Do nothing

In Practice

Most publishers choose to monetize rather than block. This means:

  • Your video stays up
  • Ads may run on it
  • You don't earn ad revenue (they do)
  • You don't get a strike

To Earn Revenue on YouTube Covers

You need a sync license (synchronization license) — permission to pair the song with video. These are negotiated directly with publishers and are:

  • Not compulsory (they can say no)
  • Potentially expensive
  • Often impractical for independent creators

Best Practice

If you're okay not monetizing your cover videos, just upload and let Content ID handle it. If you want to monetize, use royalty-free music or create originals.

Scenario 3: Live Performance

Do you need permission? Usually no — the venue handles it.

How Venue Licensing Works

Venues that host live music pay blanket licenses to:

  • ASCAP
  • BMI
  • SESAC

These licenses cover public performances of songs in their catalog. As a performer, you're typically covered by the venue's license.

Exceptions

  • Private events (weddings, parties) may need separate licenses
  • Unlicensed venues (house shows, etc.) technically require licensing
  • Large-scale concerts may have additional requirements

Your Responsibility

Usually none — but confirm the venue has appropriate licenses if you're concerned.

Scenario 4: Twitch and Live Streaming

Do you need permission? Yes, and it's messy.

The Problem

Live streaming is:

  • A public performance (needs performance license)
  • A broadcast (additional rights)
  • Potentially a recording (if VODs are saved)

Current Reality

Twitch and other platforms:

  • Don't have blanket licenses for music
  • Have been issuing DMCA strikes
  • Created limited music programs (Soundtrack by Twitch)

Safest Approach

  • Use royalty-free music
  • Use licensed music (Twitch Soundtrack, etc.)
  • Original compositions only
  • Accept DMCA risk if using copyrighted music

Scenario 5: Social Media (TikTok, Instagram, Facebook)

Do you need permission? Usually handled by the platform.

How It Works

Major platforms have licensing deals with publishers. When you use music:

  • Platform pays for the license
  • You can use music from their library legally
  • Covers are generally treated similarly

Limitations

  • You can't upload any song — must be in platform's library
  • Original cover recordings may trigger Content ID
  • Some songs restricted in certain regions

Scenario 6: SoundCloud / Bandcamp / Personal Website

Do you need permission? Yes — mechanical license.

Same rules as streaming distribution. If you're publicly distributing your cover recording, you need a license.

How to Actually Get Licensed

Step-by-Step Process

  1. Identify the song — title, songwriter(s), publisher
  2. Choose your distribution method — streaming, physical, download
  3. Get mechanical license:
    • Through distributor (easiest)
    • Harry Fox Agency
    • Easy Song Licensing
  4. Pay fees:
    • One-time licensing fee ($15-20)
    • Ongoing per-stream/per-copy royalties
  5. Credit properly — songwriter names must appear in metadata

What You'll Need

  • Song title
  • Original songwriter name(s)
  • Publisher (if known)
  • Your estimated distribution numbers
  • Payment method

What You Can and Can't Do

✅ You CAN (with mechanical license):

  • Record your own version
  • Change the musical arrangement (tempo, genre, instrumentation)
  • Distribute on streaming platforms
  • Sell digital downloads

❌ You CANNOT (without additional permissions):

  • Change the lyrics significantly
  • Sample the original recording (need master rights)
  • Use in TV/film/advertising (need sync license)
  • Claim you wrote the song (always credit original writers)

FAQ

Can I cover any song I want?

For songs that have been commercially released: yes, you can obtain a mechanical license. The license is "compulsory" — meaning you can't be refused. For unreleased songs, you'd need direct permission.

What if I just want to post a cover on YouTube?

Upload it. Content ID will identify it. Publisher will likely monetize (not block) your video. You won't earn revenue but won't get in legal trouble.

Do I need permission to cover a song acoustically?

Same rules apply. Acoustic vs. produced doesn't change the licensing requirements.

What about covers for TikTok?

TikTok has licensing deals. Use songs from their library when possible. Original cover recordings might get flagged.

Can I change the lyrics?

Technically, standard mechanical licenses cover the song "as written." Significant lyric changes require additional permission. Minor changes are usually tolerated.

How do publishers find out about covers?

Content ID and other detection systems automatically match audio. It's not about "getting caught" — it's automated.

What happens if I don't get a license?

For streaming: your distributor may reject it or you'll be liable for infringement. For YouTube: Content ID handles it (your video is monetized by publisher). For sales: potential legal action from copyright holders.

Do covers expire?

Your license covers a specific number of copies or indefinite streaming. You don't need to relicense unless terms change.

The Bottom Line

For streaming distribution: Get a mechanical license through your distributor. It's cheap and easy.

For YouTube: Just upload. Let Content ID sort it out. Accept you won't earn ad revenue.

For live shows: The venue usually handles it.

For monetized or commercial use: Get proper licensing and/or legal advice.

Don't let licensing complexity stop you from creating. Most cover situations are straightforward, and the infrastructure exists to make it easy.


Create Cover Instrumentals

Extract backing tracks from songs for practice and demos.

  • ✅ Remove vocals from originals
  • ✅ Practice singing covers
  • ✅ Create demo tracks
  • ✅ Works with any song

Note: Still need licensing for public distribution

Try StemSplit →


Tags

#cover songs#music licensing#copyright#legal#music industry