Mechanical Rights of Recordings

The right to reproduce a song on vinyl recordings, cassette tape, compact disc, or DVD ("phonorecords") is called a mechanical right. (Broadcasting a song is called a performance right.) Each time a song is "pressed" or fixed on a phonorecord, the songwriter is entitled to recompense for the mechanical right, which is called "mechanical royalty." These rates are set by law (a statutory rate), but artists and songwriters can always negotiate a lower rate. In paying the statutory rate, the artist does not have to seek permission to record the song as long as certain requirements are met.

Mechanical royalty rates are constantly changing. In the 70s, for instance, 2 cents was a common amount for a songwriter per song per press. The table below shows the current rates that are expected through the year 2006. For exact rates, the Copyright Office Licensing Division (202-707-8150) can be called. The table shows the per song and per minute rate. The song owner is paid whichever rate is higher. This would be the rate paid for use of the song. There are other fees as well, which include the performance rights and those fees set by the record companies themselves. Take all this into consideration before copying to (or allowing copying from) your Web site of phonorecords.