Covers vs. Derivative Works: What Musicians Need to Know About Copyright
Recording a cover is legal — but changing a song can get you into legal trouble.
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, preserving the core melody and structure.
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 these streaming platforms, you don’t need to obtain a mechanical license yourself—it’s handled by the platforms.
A Note on YouTube: This does NOT apply to YouTube. YouTube is a video platform and technically requires a sync license for video content. While YouTube’s Content ID system has agreements with many publishers, they can still mute, block, or demonetize your video. This can lead to a copyright strike.
For Downloads, CDs, & Vinyl – You Still Need a Mechanical License
If you plan to sell MP3s (like on Bandcamp), CDs, vinyl, or any permanent digital downloads, you still need to get a mechanical license from a licensing agency (like EasySong or Harry Fox Agency (HFA)).
This is because mechanical royalties for permanent downloads and physical sales are not covered by the MLC’s streaming agreements, and you are responsible for paying the royalties on the copies you distribute.
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 direct permission from the copyright owner (the publisher) before distribution.
Examples of Derivative Works:
Translating lyrics into another language.
Remixing a song by adding new beats and significantly altering the structure.
Creating a mashup of multiple songs.
Rewriting lyrics while keeping the original melody.
Creating a new musical arrangement (e.g., changing a jazz song to a samba) that significantly alters its fundamental character.
How Do You Know If Your Version is a Cover or a Derivative Work?
Here is 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 direct permission.
Common Myths
Myth: “I changed the key, so it’s a derivative work.” Fact: Nope, that’s still a cover.
Myth: “I made a reggae version of a pop song. It’s a cover.” Fact: Maybe! If you only changed the instrumentation and groove while preserving the core melody and lyrics, it’s a cover. If you altered the melody or structure significantly, it’s a derivative work.
Myth: “I translated the lyrics, but the melody is the same. It’s just a cover.” Fact: Wrong! A lyric translation creates a derivative work and requires permission.
The Takeaway: Cover or Adapt?
Understanding this distinction helps you navigate the music industry legally. In short, the path you choose determines the license you need.
If you want to record a cover, you can release it on streaming platforms and let the MLC handle the royalties. But if you plan to sell downloads or physical copies, you are still responsible for securing a mechanical license.
If you want to make substantial changes, you are creating a derivative work. You must contact the publisher and negotiate permission before you distribute it. By respecting copyright, you ensure that all musicians and songwriters get the credit and compensation they deserve.