How to Release a Cover Song

Putting your own spin on a famous song can be extremely fun and rewarding. After mastering a chord progression or complex melody, you may then want to release your new cover song to the world. However, when it comes to releasing a cover song publicly, there are a few rules you need to follow that differ from releasing a composition for which you wrote the original lyrics, melody, or structure.

Can you legally release a cover song without infringing on the original copyright? The short answer is yes. But like many things related to copyright ownership, there are some necessary details to be aware of first. Before we dive into the details, let's define the terms of a cover song. 

Several things make a cover song different from an original composition. If you borrow any elements from a song someone has previously recorded – and released – your version is a cover. It is important to note that you do not need to copy every part of a pre-existing song for it to be a cover. To be considered a cover song, your version simply has to have some of the same lyrics, melody, and/or structure as a pre-existing song. 

The first example is perhaps the most obvious. It is not a cover if you wrote the song's lyrics, melody, and/or structure yourself, with bandmates or other co-writers. In this instance, you should register your original recording with a performing rights organization (PRO) like ASCAP or BMI, and with the Harry Fox Agency (HFA) and Mechanical Licensing Collective (The MLC). This will ensure you receive any money owed to you, including when, or if, another artist covers your song.

If you covered a song in public domain, your version is a copy but not a cover under existing copyright law. Public domain' is a title given to creative works, including music, to which no exclusive intellectual property rights apply. There are several ways music can be classified as public domain:

• If all rights holders agree to waive their rights.
• If the original publishing date predates all copyright laws or is ineligible for copyright protection.
• When the original copyright has expired.

You can view a list of songs that qualify for public domain by visiting PDInfo.com

Occasionally you may be given permission to record and release a song written – but never recorded and released – by someone else. If this occurs, you will own the original master recording and composition. Therefore, your song is not a cover. Still, you may come to an agreement to include the person as a co-writer to ensure they get a share of any royalties generated from the publishing. You should follow the process outlined above to register your song.

Remixes, mashups, or songs based on samples are also not cover songs. You can learn how to distribute a remix here.

The answer to this question depends on how you intend to release your music. 

In January 2021, an update was made to The Musical Works Modernization Act to make it easier to release a cover song online without obtaining permission from the original copyright owner. The update explicitly states that the person or party releasing music no longer needs to get a mechanical license to release a cover song on interactive streaming platforms. This means digital service platforms (DSPs) such as Spotify, Tidal, and other on-demand streaming services. Legally, licenses are still required. But instead of being your responsibility, the burden falls on the DSPs, which are covered by blanket licenses.

However, as stated, the rule change only applies to a specific type of digital streaming platform. You are still legally required to obtain a license and pay royalties to the publishing owners to release your cover song in most other formats. These include, but are not limited to:

Physical formats, such as vinyl, CDs, and cassette tapes.

• Non-interactive digital streaming platforms like Pandora.
• Satellite radio services like SiriusXM
• Digital downloads, including Ringtones.

Even with this information, you may still decide to bypass a license and only release your music on the eligible streaming platforms. Whatever you choose, you can use Songtradr's distribution services to release your cover song. You will just need to take care not to select stores that provide downloads, such as Apple Music, Amazon Music, or YouTube Music. Facebook and Instagram may reject your cover music upon their review. These platforms are not eligible because they also operate and offer downloads or require sync rights.

Here's how to distribute a cover song through Songtradr.

One of the rewards for releasing music is receiving a royalty check. That's not going to change because you decided to record and release a cover song. What will change is the amount you are eligible to receive. When you record a cover song, you create a new master recording. Both the master recording owner and the owner of the publishing or composition are eligible to receive royalties from a cover song. Therefore, you will earn money from the master recording only. You are not entitled to any publishing royalties if you choose to put out a cover.

If you release your cover song only on interactive streaming platforms, the DSPs will typically pay any necessary fees or royalties on your behalf. However, things work a little differently if you choose to license directly with the publishing owners of the song you released. 

You are required by law to pay mechanical royalties to the publishers to use their work. The good news is that this process is relatively straightforward. In the U.S., the simplest way to obtain a mechanical license for a cover song is from Easy Song Licensing (ESL), which, for a small fee, offers to clear any song in 1-2 business days. You can also obtain a mechanical license from The HFA's Songfile. The company that facilitates the license (ESL or Songfile) sets the fee, while the Copyright Royalty Board sets the royalty rate. The rate will differ depending on the format and length of the song you recorded. Therefore, you will need to enter this information correctly to get an accurate quote. You can learn more about how prices are calculated and get a quote to release your cover song on the Easy Song Licensing website. 

Do it right, and your cover song can boost your career and capture the attention of a whole new audience. If you've recorded a cover version and want to release it to the world, why not give it a go?