If you are a musician, songwriter, producer, or music user, you may have heard of the term “mechanical license” before. But what exactly is a mechanical license and when do you need one?
We will explain the basics of mechanical licenses in music law and how they affect your rights and obligations when using copyrighted music.
A mechanical license is a legal agreement between the copyright holder of a musical composition and the music user. This permission is also referred to as mechanical rights. A mechanical license allows the licensee to reproduce and distribute all or portions of a copyrighted composition in an audio-only format.
The licensee pays a fee that grants them the right to reproduce the song in audio-only creative works, such as CDs, vinyl, interactive audio streams, and digital downloads.
A mechanical license is required when you intend to reproduce and distribute a copyrighted song in audio-only digital or physical formats. For example, if you want to record a cover version of a song and sell it online or on CDs, you need a mechanical license from the original songwriter or publisher.
If you want to sample a portion of a song and use it in your own composition, you also need a mechanical license from the original owner of the composition.
A mechanical license does not grant you the right to synchronize the music with visual content, such as in a video, film, or video game.
For such uses, you will need a sync license, which is a separate type of music license that permits the use of music in conjunction with visual media.
How to Obtain a Mechanical License
There are two primary ways to obtain a mechanical license: by direct negotiation with the copyright holder or through a compulsory license under U.S. copyright law.
Direct negotiation involves contacting the songwriter or publisher to agree on license terms such as royalty rates, duration, and usage scope. This method allows greater flexibility but can require time and effort to identify and communicate with the rights holder.
Alternatively, the compulsory license permits use of previously recorded, non-dramatic musical works without needing prior approval, provided statutory requirements are met. This includes paying a fixed royalty rate—currently 9.1 cents per copy or 1.75 cents per minute, whichever is greater—and notifying the copyright owner of your intent to use the work. Regular royalty payments and accounting must also be maintained.
Compulsory licenses are typically obtained through licensing agencies like the Harry Fox Agency, which manage royalty collection and distribution on behalf of rights holders.
Why You Need a Mechanical License
Obtaining a mechanical license is not only a legal obligation but also a way to respect and support the creators of musical works. By paying for a mechanical license, you are compensating the songwriter or publisher for their work and acknowledging their contribution to your creative project.
Failing to obtain a mechanical license can result in legal consequences, such as lawsuits, injunctions, damages, and penalties. You may also face reputational harm and lose credibility as a professional musician or music user.
To avoid these risks, it is advisable to always obtain a mechanical license before using any copyrighted music in your audio-only works. This way, you can ensure that you are complying with music law and protecting your rights and interests as well.