Disclaimer: I am not a lawyer, and specifically, not your lawyer. Do your own research. This article is meant to be a simplified version of complex law.
If you’ve ever recorded a cover song, remixed a track, or translated lyrics into another language, you’ve interacted with copyright law—whether you knew it or not! Understanding the difference between a cover song and a derivative work is crucial to avoid legal trouble and ensure you’re properly licensing your music.
What is a Cover Song?
A cover song is a new recording of an existing song where you perform it without changing the fundamental composition (melody, harmony, or lyrics). Covering a song is legal, but distributing that cover—whether on streaming platforms, downloads, or physical copies—has different requirements.
Examples of Covers:
✅ A band performing a classic rock song with the same lyrics and chords
✅ An acoustic version of a pop song
✅ A jazz trio playing an instrumental version of a well-known tune
Do You Need Permission to Record a Cover?
No, you don’t need permission to record a cover, but you may need a mechanical license depending on how you distribute it.
For Streaming (Spotify, Apple Music, etc.) – No Mechanical License Needed in the U.S.
Under the Music Modernization Act (MMA), streaming services like Spotify, Apple Music, and Amazon Music automatically pay songwriters through the Mechanical Licensing Collective (MLC).
✅ If you distribute a cover song on streaming platforms, you don’t need to obtain a mechanical license yourself—it’s handled by the platforms.
🚨 This does NOT apply to YouTube. YouTube requires a sync license for video content, which may result in covers being muted, blocked, or demonetized. YouTube does have agreements with many labels and publishers and use a system called content ID which allows for some revenue to be paid to the rights holders, but they can still block your video for any reason. That is called a copyright strike.
For Downloads, CDs, Vinyl, etc. – You Still Need a Mechanical License
If you plan to sell MP3s, CDs, vinyl, or any permanent digital downloads, you still need to get a mechanical license from a licensing agency. This ensures that the original songwriter is properly compensated.
🔹 Why? Because mechanical royalties for permanent downloads and physical sales are not covered by streaming agreements with the MLC.
What is a Derivative Work?
A derivative work is when you take an existing song and make substantial changes that create something new while still being based on the original composition. Derivative works require permission from the copyright owner before distribution.
Examples of Derivative Works:
🎵 Translating lyrics into another language
🎵 Remixing a song by adding new beats and altering the structure
🎵 Creating a mashup of multiple songs
🎵 Rewriting lyrics while keeping the original melody
🎵 Orchestrating a song in a way that significantly alters its arrangement
How Do You Know If Your Version is a Cover or a Derivative Work?
A simple rule of thumb:
✅ If you’re only performing or recording the song as written → it’s a cover
⚠️ If you’re modifying the song’s composition, structure, or lyrics → it’s a derivative work and requires permission
Common Myths About Covers & Derivative Works
❌ “I changed the key, so it’s a derivative work.” → Nope, that’s still a cover.
❌ “I made a reggae version of a pop song. It’s a cover.” → Maybe! If you only changed the instrumentation and groove, it’s a cover. But if you altered the melody, structure, or lyrics significantly, it could be a derivative work.
❌ “I translated the lyrics, but the melody is the same. It’s just a cover.” → Wrong! A lyric translation creates a derivative work and requires permission.
Final Thoughts: Stay Legal & Creative!
Understanding the difference between covers and derivative works helps you navigate the music industry legally. Covers are easy to license (or may not need a license for streaming), while derivative works require special permission. If in doubt, consult a music licensing expert or reach out to the copyright holder before making changes to a song.
📌 Want to record a cover? You can release it on streaming platforms without needing a license, but if you plan to sell downloads or physical copies, get a mechanical license.
📌 Want to make big changes to a song? Get permission before distributing it.
By respecting copyright law, you ensure that everyone—artists, songwriters, and musicians—gets the credit and compensation they deserve! 🎶
