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17 U.S.C. § 115 - Compulsory Mechanical Licenses

The statutory basis allowing cover songs and digital streams under a compulsory license without explicit publisher permission.

Reader answer checklist

This guide is structured to answer the practical questions a reader should resolve before relying on the topic.

Direct answer
Section 115 provides a statutory framework for certain reproduction and distribution uses of nondramatic musical works, including later digital-licensing changes under the Music Modernization Act.
Who this is for
Songwriters, publishers, artists, distributors, and release teams handling cover songs or interactive digital uses.
Practical example
A cover release and an interactive streaming service may follow different notice, blanket-license, and registration processes even though both involve the composition.
Limits and exceptions
Eligibility, notices, reporting, rates, timing, territories, and contract terms matter; a compulsory framework does not clear the master recording.
What to do next
Identify the use and format, confirm whether the statutory framework applies, and follow the current Copyright Office, MLC, or counsel instructions.

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Editorial record

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Last edited
2026-07-17
Reviewed
2026-08-07
Reviewer
Michael Ruiz

Reviewed by Michael Ruiz on 2026-08-07. Recheck date-sensitive rules and contract terms for a specific matter. See the editorial policy for the review process.

17 U.S.C. § 115: Compulsory Mechanical Licensing

Under Section 115 of the U.S. Copyright Act, a statutory compulsory license exists for the reproduction and distribution of non-dramatic musical works (compositions).

Core Mechanism for Cover Songs

Once a musical work has been distributed to the public in the United States under the authority of the copyright owner, any other person may obtain a compulsory license to make and distribute "covers" (phonorecords) of the work without seeking permission from the publisher, provided they: 1. Provide a physical Notice of Intention (NOI) to the publisher prior to distribution. 2. Pay monthly mechanical royalties at the statutory rate (e.g., 13.1¢ per track in the 2026 schedule). 3. Do not alter the fundamental character, lyrics, or melody of the composition.

Flowchart of the two compulsory-license paths under Section 115. Once a composition is already distributed, a physical or download cover release requires filing a Notice of Intention and paying the statutory rate directly. An interactive streaming release is instead covered by the MLC blanket license, and the DSP pays the MLC directly with no individual notice required.Flowchart of the two compulsory-license paths under Section 115. Once a composition is already distributed, a physical or download cover release requires filing a Notice of Intention and paying the statutory rate directly. An interactive streaming release is instead covered by the MLC blanket license, and the DSP pays the MLC directly with no individual notice required.Composition Already Distributed to the PublicSomeone Wants to Release a CoverPhysical / Download ReleaseInteractive Streaming ReleaseFile Notice of Intention (NOI)Pay Statutory Rate (13.1c / track)Covered by MLC Blanket LicenseDSP Pays The MLC Directly
Section 115 splits into two paths: physical and download covers still need an individual Notice of Intention, while streaming runs entirely through the MLC's blanket license.

Re-design for the Streaming Era

The Music Modernization Act (MMA) of 2018 fundamentally updated Section 115 by: - Creating a Blanket Compulsory License covering digital interactive streaming and limited downloads (covered activities under the MMA). - Establishing The Mechanical Licensing Collective (The MLC) to issue this blanket license and collect/distribute streaming mechanicals directly from DSPs. - Eliminating the need for individual digital NOIs. DSPs pay the MLC directly, which in turn pays the copyright owners.

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