Can I Use Cup Song Lyrics For A Cover Legally?

If you just want to sing the 'Cup Song' at home or with friends, go ahead — private performances aren’t an issue. Problems start when you record and distribute it: audio-only releases generally require a mechanical license, and if you put the performance in a video you also need a sync license (platforms sometimes police this automatically). Changing the lyrics is a no-go without permission because that’s a derivative work. For live public shows, venues usually carry blanket performance licenses that cover most setlists. Quick practical tips: check publisher info via ASCAP/BMI lookup, use services like DistroKid or Easy Song Licensing for cover song licenses, and expect that original rights holders can claim monetization on YouTube. If you want to avoid hassle, consider doing an instrumental take or asking the publisher for permission — it’s often simpler than dealing with a takedown later.

I posted a simple cup-cover on social media once and ran straight into the copyright maze, so I get why you’re asking. Short version: you can sing and perform 'Cups' for fun, but putting that performance out on the internet or selling it brings licensing responsibilities. Platforms like YouTube often have systems where the original rights holders automatically get monetization or can block videos, so you might still be able to upload without explicit permission, but you shouldn't expect to freely profit from it.

If you want your cover on streaming services, you’ll need a mechanical license — some distribution services offer cover song licensing as part of the upload flow. For video, the tricky bit is the sync license; YouTube’s Content ID sometimes covers it, but if the publisher doesn’t participate you could face a takedown. And if you tweak the lyrics or rearrange the song significantly, you’re creating a derivative, which requires the publisher’s okay.

A practical approach that worked for me: identify the song’s publisher using a rights database (ASCAP/BMI if you’re in the States), then either use an online licensing service that handles the paperwork or reach out to the publisher for permission. If you’re only doing live coffeehouse shows, the venue’s blanket licenses usually handle it. Bottom line — singing it for fun with friends is low-risk; distributing a recorded or monetized version means taking a moment to get the right licenses so you don’t get blindsided.

Funny thing about the 'Cup Song'—the catchy rhythm makes it feel like a public playground trick, but the words and melody are still protected like any other song. If you want to record and post a faithful cover of 'Cups' (or the version people often call 'When I'm Gone'), the main legal pieces you should think about are: a mechanical license for the audio recording, and a synchronization (sync) license if you pair that recording with video.

In practice that means: for audio-only distribution (putting the cover on Spotify, Apple Music, etc.) you generally need a mechanical license. In the U.S. that’s often handled through licensing services or agencies that collect royalties for the original songwriters. For video on YouTube or Instagram, the platform sometimes handles rights through Content ID deals, but that’s not a guarantee — copyright owners can claim monetization, block uploads, or request takedowns. If you plan to change the lyrics or significantly alter the melody, that becomes a derivative work and you need explicit permission from the copyright holder.

For live gigs, you usually don’t need to contact the songwriter yourself because venues often have blanket performance licenses from organizations like ASCAP/BMI (in the U.S.) that cover public performances. But if you intend to monetize your cover or distribute it widely, the safest route is to look up the publisher (via ASCAP/BMI/SESAC lookup tools) and either obtain licenses through a service (DistroKid, Easy Song Licensing, Songfile, etc.) or contact the publisher directly. I once uploaded a cover and learned the hard way when my video got a claim—now I always check publisher info first. If you're ever unsure, a quick message to the publisher or a licensing service can save a headache and let you focus on the fun part: performing.