You Do Not Need Permission to Record a Cover Song (Here’s Why)
Under U.S. copyright law, songs are protected by a compulsory mechanical license.
That means:
👉 Any band or artist can legally record and release a cover song
👉 You do not need the songwriter’s permission
👉 You do not need to ask or negotiate approval
As long as:
- The song has already been released publicly
- You don’t change the lyrics or melody significantly
- You pay the required mechanical royalties
What You Do Need Instead
While you don’t need permission, you do need to handle mechanical licensing.
Most bands do this easily through:
- Harry Fox Agency
- Music Reports
- Easy Song Licensing
- Distribution platforms (many handle it automatically)
The royalty rate is set by law, so there’s no bargaining or surprises.
Why This Matters for Bands Covering Original Songs
This is where things get interesting.
If a band records an original song written by another songwriter (but already released), the same rule applies:
- ✅ No permission required
- ✅ No direct contact needed
- ✅ Same licensing process
This makes covering lesser-known original songs incredibly powerful:
- Less competition
- More creative freedom
- No gatekeeping
- Totally legal
One Important Exception (Don’t Skip This)
You DO need permission if you plan to:
- Change lyrics
- Alter the melody substantially
- Create a parody or adaptation
- Sample the original recording
- Use the song in film, TV, or ads (sync license)
Disclaimer – this is not legal advice. Contact a music attorney or lawyer to discuss the full process.
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