How can you release a cover song in accordance with copyright law?
The short answer is, unless the song is in the public domain (more on that below), you will need some form of a license to reproduce and distribute (at minimum) the musical composition you are covering. You have a few options for licenses; you can either get permission from the copyright owner themself or you can obtain a compulsory license. This post provides a summary of legal concepts that artists looking release cover music should keep in mind.
The Public Domain
Works in the public domain may be used freely without permission from the copyright owner.[1] A work can be in the public domain, with respect to copyright, if it is no longer under copyright protection or if it failed to qualify for copyright protection.
If you are looking to create a cover song, it is likely that the composition you wish to cover qualifies for copyright protection and is either currently under copyright protection or in the public domain because that protection has expired.
The tricky part is figuring out whether a work is in the public domain. Copyright term limits have changed a lot over the last hundred years. Generally, for most works created after 1978, the term of the copyright lasts for the life of the author plus an additional 70 years. For anonymous works, works made for hire, and pseudonymous works, the term is 95 years from the first year of publication or 120 years from creation, whichever is first.[2] What this means in more practical terms is that:
Anything created less than 70 years ago[3] is most likely not in the public domain; and
Anything first published more than 95 years ago[4] is in the public domain.
If the work you want to cover was first published somewhere between 70 and 95 years ago, the assessment is a little more complicated. Works published between 1923 and 1963 had a required renewal process after the first 28 years of copyright protection.[5] That means that:
Works first published between 70 and 95 years ago (assuming that first publication date is between 1923 and 1963) may be in the public domain if renewal was not sought. However, if registration was renewed or the song was a foreign song in which U.S. has been restored, then the term of the copyright is 67 years.
Note that there is a distinction between the copyright for a composition of a song and the sound recording of a song. This is important because even if the composition is in the public domain or you have a license to cover it, this does not automatically mean that you have the right to sample a sound recording of that song as the sound recording may not be in the public domain.
Licenses
If the composition that you are covering is not in the public domain, then you will need a license to cover it.
If you happen to know or can easily contact the copyright owner of the composition you want to cover (or their agent), you can always contact them to obtain a license to copy and distribute their work. Otherwise, you can proceed with a blanket license for digital deliveries (e.g. streams and downloads) and/or a compulsory license for physical deliveries (e.g. vinyl and CDs). Both of these licenses provide a mechanical license (license to use the composition, as opposed to a sound recording) that permits the licensee to reproduce and distribute the song composition for private use.[6] Blanket and compulsory licensees do not need to obtain direct permission from the copyright owner as long as they follow the guidelines stipulated in the U.S. Copyright Act.
A few prerequisites and limitations to these types of blanket and compulsory licenses:
Your cover must be distributed to the public for “private use.” That means even if you obtain a blanket or compulsory license, you will still need permission from the copyright owner to:
Distribute the cover to the public for public use (e.g. intended use in background music systems, broadcasting, jukeboxes, or concerts).
The song you are covering must have been previously distributed to the public in the U.S. under authority of the copyright owner(s) (with a limited exception).
Your cover cannot contain samples of the sound recording of the song you are covering (with limited exceptions).
Your cover cannot change the basic melody or fundamental character of the original work (but you can arrange the composition and change the genre).
You cannot assert copyright protection in your cover as a derivative work without express consent of the copyright owner.[7]
Note that although blanket and compulsory licenses do not allow the above, you may be able to obtain a license granting such rights from the relevant copyright owner.
Obtaining a Blanket or Compulsory License
If you are releasing cover music through a Digital Service Provider (“DSP”), check to see if they offer the service of following these guidelines and obtaining the blanket license for you. DistroKid offers this service for a fee. CD Baby does not. If you are not sure, try searching for the DSP’s services and policies around cover songs.
If your DSP does not provide this service, you can either (i) go through the Harry Fox Agency; or (ii) follow the guidelines yourself. The Harry Fox Agency (“HFA”) offers mechanical licensing and royalty services.[8] HFA’s “Songfile” can be used to obtain a compulsory license and follow the requisite guidelines. The process of obtaining a compulsory license yourself looks different depending on what type of “phonorecord” you plan on distributing.
For digital downloads and streaming, you can obtain a Blanket License (a compulsory license) through the Mechanical Licensing Collective (“MLC”) website.[9]
For non-digital methods of distribution, you must
Serve a notice of intention (“NOI”), either on the copyright owner or on the Copyright Office if the identity or address of the copyright owner is unknown; and
Make monthly royalty payments and provide monthly statements of account to the copyright owner (when the copyright owner is known).
An NOI must be served before or within 30 days after making, and before distributing your cover.
If you are an artist looking to understand how to create a cover song in compliance with copyright law, I invite you to explore the Crescendure IP website further and book a Consultation!
References
[1] U.S. Copyright Office, Definitions, https://www.copyright.gov/help/faq/faq-definitions.html (last visited Dec. 18, 2025).
[2] 17 U.S.C. § 302.
[3] This is calculated by the year of publication, so 70 years ago from January 1 of the publication year.
[4] Calculated 90 years ago from January 1 of the publication year.
[5] U.S. Copyright Office, Circular 15A, https://www.copyright.gov/circs/circ15a.pdf (2025).
[6] 17 U.S.C. § 115.
[7] See id.
[8] Harry Fox Agency, Licensing, https://www.harryfox.com/license-music (last visited Dec. 18, 2025).
[9] Mechanical Licensing Collective, Notice of License Webform, Notice of License Webform | Mechanical Licensing Collective (last visited Dec. 18, 2025).