Cover Version - U.S. Copyright Law

U.S. Copyright Law

Since the Copyright Act of 1909, in the United States there has been a right to record a version of someone else's previously recorded and released tune, whether of music alone or of music and lyrics. A license can be specifically negotiated between representatives of the interpreting artist and the copyright holder, or recording of published tunes can fall under a mechanical license whereby the recording artist pays a standard royalty to the original author/copyright holder through an organization such as the Harry Fox Agency, and is safe under copyright law even if they do not have any permission from the original author. Other agents can also help facilitate clearance including Limelight, the online mechanical licensing utility powered by RightsFlow. The mechanical license was introduced by Congress in order to head off an attempt by the Aeolian Company to monopolize the piano roll market.

While a composer cannot deny anyone a mechanical license for a new recorded version, he or she has the right to decide who will release the first recording of a song; Bob Dylan took advantage of this right when he refused his own record company the right to release a live recording of "Mr. Tambourine Man".

Live performances of copyrighted songs are typically arranged through performing rights organizations such as ASCAP or BMI.