Copyright Law

Since the Copyright Act of 1909, United States musicians have had the right to record a version of someone else's previously recorded and released tune, whether its music alone or music with lyrics. A license can be negotiated between representatives of the interpreting artist and the copyright holder, or recording 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 who can facilitate clearance include Limelight, the online mechanical licensing utility powered by RightsFlow. The U.S. Congress introduced the mechanical license to head off an attempt by the Aeolian Company to monopolize the piano roll market.

Although a composer cannot deny anyone a mechanical license for a new recorded version, the composer 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.