When you record a cover song, you're reproducing someone else's composition. That triggers a specific legal obligation: mechanical royalties. These are the payments owed to the songwriter and publisher every time their composition is reproduced — whether on a stream, a download, a CD, or a vinyl pressing.
Most cover artists have a vague sense that royalties exist. Fewer understand how they actually work, who collects them, and — critically — what they personally need to do versus what happens automatically. This guide covers all of it, including the 2026 Copyright Royalty Board rates.
What Are Mechanical Royalties?
The term "mechanical" is a relic of the player piano era, when compositions were reproduced on physical mechanisms — punched piano rolls, then records, then CDs. The legal concept stuck. A mechanical royalty is the fee paid to a composition's copyright holder whenever that composition is reproduced in any format.
This is distinct from a performance royalty, which is paid when a song is publicly performed (on radio, in a bar, on a playlist). Mechanicals are about reproduction. Performance royalties flow through PROs like ASCAP and BMI. Mechanical royalties flow through a separate system entirely.
For cover artists, mechanical royalties are the core compliance issue. When you release a cover, you are reproducing a composition you don't own. The owner — the songwriter or their publisher — is legally entitled to be paid for that reproduction.
Mechanical royalties cover the composition (the song: melody, lyrics, chords). They have nothing to do with the original artist's recording. You're free to re-record a cover any way you like — the royalty obligation is to the person who wrote the song, not the person who originally performed it.
Streaming vs. Download Royalties — How They Work Differently
The 2018 Music Modernization Act (MMA) fundamentally changed how mechanical royalties work for streaming — but only for streaming. Downloads, physical copies, and video sync operate under a completely separate framework. Understanding the split is essential.
Streaming Mechanicals: The MLC Handles It
The MMA created the Mechanical Licensing Collective (MLC), a nonprofit that serves as the central clearinghouse for streaming mechanical royalties in the United States. Here's how it works in practice:
- You upload your cover to a licensed streaming service (Spotify, Apple Music, Amazon Music, etc.) via a distributor like DistroKid, TuneCore, or CD Baby.
- Your distributor reports the recording metadata — including the original composition — to the streaming service.
- The streaming service pays mechanical royalties to the MLC based on your stream counts.
- The MLC identifies the publisher and pays them out.
You are not in this loop. The obligation passes from the streaming service to the MLC automatically. You don't file paperwork, pay a fee, or even notify anyone. The law explicitly authorizes this under the compulsory mechanical license framework — your cover is legal as long as you're distributing through a legitimate licensed service.
The streaming mechanical rate for 2026 is set by the Copyright Royalty Board (CRB) and is calculated as a percentage of service revenue (roughly 15.35% of applicable revenue for interactive streaming). This gets divided between publishers across all their songs streamed on the platform — the per-stream payment to any individual songwriter is fractions of a cent, but it's automatic and ongoing.
Download and Physical Mechanicals: The Statutory Rate
Downloads and physical copies work differently. Here, the statutory mechanical rate applies on a per-unit basis. The Copyright Royalty Board sets this rate; for 2026, it is 13.1 cents per copy for songs up to five minutes in length. Songs over five minutes use a per-minute rate of 2.62 cents per minute.
This applies to:
- Digital downloads sold on Bandcamp, iTunes, Amazon Music Downloads
- CDs pressed and sold or given away
- Vinyl records
- Cassettes, USB drives, or any other physical format
Unlike streaming, nobody handles this automatically. You — the cover artist — are responsible for obtaining a mechanical license and paying the statutory royalty for each unit distributed. This is where most compliance failures happen.
For songs 5 minutes or under: 13.1¢ per copy. For songs over 5 minutes: 2.62¢ per minute or fraction thereof. So a 6-minute cover requires 15.72¢ per copy. These rates apply to downloads and physical media sold or distributed in the US.
The Compulsory Mechanical License (17 U.S.C. § 115)
The legal foundation for all of this is Section 115 of the US Copyright Act — the compulsory mechanical license. This is one of the most artist-friendly provisions in copyright law, and most musicians have never heard of it.
Section 115 grants anyone the right to record and distribute a cover of any previously commercially released song in the United States — without needing permission from the copyright owner — provided that:
- The song has been previously distributed publicly in the US (i.e., it's already been released)
- You pay the statutory mechanical royalty rate
- You serve proper notice on the copyright owner (or use an authorized agent like the MLC)
- You don't change the basic melody or fundamental character of the song
This is a compulsory license — meaning the rights holder cannot refuse it. If a song has been commercially released, you have the legal right to cover it. The songwriter gets paid; you get to release your version. The system exists precisely to allow cover culture to thrive.
The MMA updated Section 115 to bring streaming fully into this framework, creating the MLC as the administrative body. Prior to 2018, streaming was a legal gray area for mechanicals. Now it's fully clarified.
Section 115 only covers faithful reproductions of the original composition — the melody and lyrics must remain substantially intact. It does not cover dramatically altered versions, samples, or mashups. Derivative works require separate licensing negotiation with the copyright owner.
What Cover Artists Actually Need to Pay
Let's make this concrete. Here's the practical breakdown by release format:
| Release Format | Mechanical Royalty | Who Handles It |
|---|---|---|
| Streaming (Spotify, Apple Music, US) | ✓ Auto-handled | Streaming service pays MLC automatically |
| Digital downloads (Bandcamp, iTunes) | ✗ You owe 13.1¢/copy | You must obtain a license and pay royalties |
| CD pressing | ✗ You owe 13.1¢/copy | You must obtain a license before pressing |
| Vinyl, cassette, other physical | ✗ You owe 13.1¢/copy | You must obtain a license before pressing |
| YouTube / video cover | ✗ Need mechanical + sync | Two separate licenses required; neither is automatic |
| International distribution (outside US) | ⚠ Territory-specific | MLC covers US only; other territories have their own collection societies |
The most important row: streaming-only releases in the US require nothing from you. The most commonly missed row: any digital download triggers a per-unit mechanical obligation, even if the song is also streaming for free.
How to Pay Royalties for Cover Song Downloads
To release a cover song for download or on physical media, you need to obtain a mechanical license. There are a few ways to do this:
Direct Licensing
You can contact the publisher directly and negotiate a license. This works in theory but is impractical for most indie artists — publishers don't always respond to small-scale inquiries, and the negotiation process can take months.
Harry Fox Agency (Songfile)
HFA's Songfile service allows you to license individual songs for download distribution. You pay the statutory rate per copy, with a minimum purchase. The interface is functional but dated, and it covers only HFA-affiliated publishers (which is most major publishers but not all independents).
Cover Song Licensing Platforms
Services like CoverClear streamline the process. A monthly subscription gives you access to licensing tools that handle the paperwork, confirm the statutory rates, and track your royalty obligations — across downloads, physical releases, video, and international distribution through a single platform. Statutory royalties (the 13.1¢ per copy owed to rights holders) are separate from the platform subscription fee and are usage-based.
For artists releasing covers across multiple formats — streaming plus downloads, or streaming plus vinyl — a platform that handles the full picture is the practical choice. We covered the difference between these options in more detail in our cover song licensing guide.
CoverClear's Role: Platform Subscription + Royalty Tracking
CoverClear is built specifically for the cases where automatic mechanisms fall short: downloads, physical distribution, video covers, and international releases.
The platform works on a monthly subscription model. Subscribers get access to CoverClear's song search, license filing tools, and royalty tracking — covering a set number of songs per month depending on the plan. CoverClear handles the administrative side: identifying the correct rights holder, serving the required Section 115 notice, and documenting your compliance.
The statutory royalties themselves — the 13.1¢ per copy owed to copyright holders — are tracked and reported through the platform but are usage-based and separate from the subscription fee. This is how it should work: you pay CoverClear for the platform and the administrative work; you pay the rights holders for the actual reproduction rights at the rates Congress set.
CoverClear's subscription covers platform access and license filing. Statutory mechanical royalties — owed to the composition's copyright holder under US law — are usage-based and apply regardless of which service you use. This obligation exists by law; any licensing service that doesn't mention it is obscuring your actual cost.
For a streaming-only artist who never sells downloads or presses physical media, CoverClear may not be necessary. The MLC already handles your obligation. But the moment your release strategy includes downloads, vinyl, video, or international distribution, the automatic system stops covering you — and that's where CoverClear comes in.
The Quick Checklist Before You Release a Cover
- Streaming only, US distributors only? You're covered. Make sure your distributor accurately reports the original song metadata. No action needed beyond that.
- Selling downloads (Bandcamp, iTunes, etc.)? Get a mechanical license before launch. Budget 13.1¢ per copy into your economics.
- Pressing CDs or vinyl? Same as downloads — mechanical license required before you press. Factor quantity into your royalty obligation.
- Posting a video (YouTube, TikTok, Instagram)? You need a mechanical and a sync license. These are separate. Don't assume a mechanical license covers video.
- Distributing outside the US? The MLC framework is US-only. International territories have their own collection societies and requirements.
- Cover over 5 minutes? Use the 2.62¢/minute rate instead of the flat 13.1¢ rate.
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