Legal Definitions - mechanical license

A mechanical license is a specific type of legal permission that allows an individual or entity to reproduce and distribute a copyrighted musical composition. This means they can create and sell physical copies (such as CDs or vinyl records) or digital copies (like downloads or streams) of a song. It is crucial to understand that this license pertains to the underlying musical work—the melody, lyrics, and arrangement as written by the composer—rather than a particular artist's recorded performance of that work.

Here are some examples to illustrate how a mechanical license applies:

• Independent Artist Recording a Cover Song: Imagine an emerging singer-songwriter who wants to record and release their own unique version of a popular hit song originally written and performed by another artist. To legally distribute their new recording of the song on streaming services, sell it as a digital download, or press it onto vinyl records, the singer-songwriter must obtain a mechanical license from the original songwriter's music publisher. This license grants them the right to reproduce the copyrighted musical composition (the original melody and lyrics) in their new recording and distribute it to the public.

• Record Label Releasing an Album: Consider a record label that has signed a new band and is preparing to release their debut album. This album contains ten songs, all written by the band members. Even though the band created the music, the record label, as the entity responsible for manufacturing and distributing the physical CDs and vinyl, as well as making the album available digitally, needs mechanical licenses for each of the ten songs. These licenses, typically secured from the band's publishing company (or directly from the band if they self-publish), ensure the label has the legal authority to reproduce and distribute the musical compositions on a commercial scale.

• Digital Music Streaming Service: A new online platform is launched, aiming to offer a vast library of millions of songs for users to stream on demand. For every single song available in its catalog, the digital music service must acquire mechanical licenses from the respective music publishers. This allows the service to legally reproduce the musical compositions (by making them available for streaming) and distribute them to its subscribers. This process is often managed through large-scale agreements with collection societies that represent many publishers and songwriters.