Guide: Licensing a Cover Song for Vinyl Pressing

So, you’ve wrapped up your first EP and are ready to press it on vinyl... but one of the tracks is a cover. Here’s how to legally get that cover song on your vinyl record.

Why Do You Need a License?

If you’re using a song that you don’t own, you'll need to obtain a license. A license is a legal agreement that outlines what you’re allowed to do with the song in exchange for royalties. If you upload the song to a streaming service, press a record with the song or make money from it without a license, you’re infringing on the original artist's copyright. While there is a difference between naturalized copyright and licensed copyright, once a song has been recorded for the first time, that original piece of media belongs to the creator.

Licensing Your Record for Sale in the U.S. and Canada

If you’re selling your record in the U.S. or Canada, you’ll need a mechanical license specific to those countries. Because Precision Record Pressing (PRP) primarily operates in the U.S. and Canada, this guide focuses exclusively on obtaining licenses for these countries.

What Kind of License Do You Need?

The licenses discussed in this guide pertain solely to reproductions of existing songs that remain faithful to the original composition. This means:

• Accuracy: The arrangement, structure, chords, and lyrics of the original work remain unchanged.
• No Public Domain Works: This guide does not apply to public domain songs, as those do not require licensing.

 What Isn’t Covered by This Guide?

If your version of a song introduces fundamental modifications, such as altering its lyrics, structure, or chords to create something substantially new, this is considered a derivative work. Derivative works require permission from the copyright holder, which involves a different process not covered here.

Additionally, if your project involves sampling using fragments or elements of another artist’s recording, this guide does not apply. Sampling requires a master recording license and other permissions beyond a mechanical license.

How to Obtain a License in the U.S.

EasySong and Songfile are the easiest to navigate and have the most comprehensive repertoires. Both platforms follow similar processes for obtaining mechanical licenses for cover songs. Here’s how it works:

Step 1: Create an Account

Start by creating an account on either platform and entering your address. This step ensures your profile is ready to receive the necessary documentation.

Step 2: Enter Album Information

Next, you’ll provide details about the album you’re releasing. This includes:

• Album Title and Artist Name: The name of your project and the performing artist.
• Recording Status: Indicate whether the recording is finished.
• Release Date: Specify when you plan to release the album.
• Media Format: For vinyl pressing, choose “vinyl” as your release format.
  • Note that Songfile allows you to group physical media and digital releases together for a better price if you are streaming as well.
• Units to be Produced: Enter the number of units you intend to press.

Important Note: The mechanical license obtained applies exclusively to the specific media type listed in your application. For example, if you plan to release your music on both vinyl and CD, you must submit separate applications and licenses for each format.

Step 3: Search for the Song

Both platforms provide a search feature to locate the song you are covering. Simply enter the song title or relevant details:

• If the song is available, the platform will display all the necessary information, such as the songwriters, publishers, and licensing details.
• Add the song to your album, and the system will automatically populate the application with the required data.

 Step 4: Finalize and Pay

Once you’ve added all your songs, the final step is payment. Here are the costs and fee structures for each platform:

Songfile

• Rate: As of November 2024, the mechanical royalty rate for physical products and permanent downloads is $0.124 (12.4 cents) per song per unit for recordings up to 5 minutes in length.
• Example: If you are pressing 1,000 records with one cover song, the total royalty cost is $124.00, plus Songfile’s processing fees.

EasySong

EasySong doesn’t disclose a standard rate but provides a cost calculator for your order.

• Example: For the same specs (1,000 records, 1 cover song), the estimated cost is $140.99, inclusive of fees.

 Step 5: Submit the License

Once you’ve completed your application and received your license, you’re ready to proceed with your vinyl pressing order at PRP. Simply provide the license to your account manager when setting up your order with us.

How to Obtain a License in Canada

Step 1: Use the CMRRA Song Database

The Canadian Musical Reproduction Rights Agency (CMRRA) offers a song database containing over 57,000 publishers and songs that they can assist with licensing. It’s important to note that not all publishers in this database are represented by the CMRRA, but this is a great place to start to check if they can provide the necessary license for your cover song.

• Visit the CMRRA Repertoire Database to search for the song you plan to cover.
• If the song is in their database, keep the tab open, as you’ll need the information listed there to complete your application.

Step 2: Prepare Your Documents

In addition to the information from the CMRRA database, you will need to gather a few key documents for your application:

1. Confirmation of Units Pressed: This will be your PRP invoice which shows the number of records you’re manufacturing.
2. Royalty Payment: You’ll calculate this after completing the application form. The CMRRA guide will help you understand how to do this.

Step 3: Download the Forms

Next, download the required forms from the CMRRA guide’s Pay-As-You-Press Application Process section:

• Pressing Information Waiver: This document contains all the essential information for your application. Ensure you have your account manager's contact details, and your personal information prepared.
• Application for Mechanical License Form: This is where you will need that information from the repertoire about the song(s) you are covering. This step has multiple parts. Here you will need the applicant information, the presser information, along with Information about the product (catalog number, format, release date, etc) as well as the Track & Musical Work Sheet which will include the track number, title, artist, ISRC if applicable and the cover song information found the Repertoire database.
• CMRRA Royalty: When applying for a mechanical license through the CMRRA, you must pay the royalty fee at the time of application. If for any reason CMRRA is unable to secure the license for you, or there are issues with your application, they will return your payment (minus a processing fee).

Steps to Calculate Royalties:

1. Base Fee: The standard rate at the time of writing is $0.083 per unit for songs under 5 minutes. Multiply this by the number of units. Example: 1000 units = $83.00.
2. For Songs Over 5 Minutes: Add $0.0166 per minute for each minute over 5. Example: 7-minute song (2 extra minutes) = $0.0332, so $0.1162 per unit.
3. Minimum Units: CMRRA licenses a minimum of 500 units. If you’re pressing fewer than 500, calculate for 500 units, but you’ll keep extra licenses for future represses.
4. CMRRA Percentage: Check the percentage of rights CMRRA holds (up to 100%) via their repertoire database. If it’s less than 100%, you must license the rest with the additional rights holders (likely indicated on the database sheet).
5. Taxes: Canadian applicants pay HST/GST, while international applicants do not.
6. Handling Fee: The greater of 8% of the total royalties or a $6 flat fee.

Payment Methods:

Pay online by credit card, mail in a cheque, or drop it off in-person at the CMRRA Toronto office.

Step 4: Complete the Forms

Once you've downloaded the forms, fill them out with the required information from your song search and your invoice. Be sure to double-check everything to ensure accuracy. Afterward, you'll be ready to submit your application and pay the royalties.

Final Step: Submit Your Application

Once you've completed your forms and confirmed your payment amount, submit your application to the CMRRA. They will process it and issue your mechanical license. Expect your license within three weeks.

Final Note

With your license(s) secured, you’re free to press and sell your records legally. Always follow the terms of the license and respect intellectual property rights.

Header Image By John Taran