What kind of clearance does one need to release recordings of covers to the public? does one still have to pay money even if it's strictly non profit promotional stuff, like free exclusive fan club singles?

I don't think you need to pay anything to do a cover.
I may be wrong though

http://www.loc.gov/copyright/

Could I be sued for using somebody else's work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

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Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

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It appears that free club remixes don't fall under the "fair use" clause of copyright law... unless you can somehow turn your record into an educational mix... like, every four lines, have someone sing "AND TWO PLUS TWO IS FOUR!!"

MissCute said:

My understanding is this:

If the song has already been released by someone else, you can cover it (with or without permission) by paying a "mechanical license" fee. However, it's preferable to get permission, because it's often possible to negotiate a fee that's lower than the mechanical rate.

However, if the song is unreleased, then you're going to have to get permission and work something out, because you can't get a mechanical license.

I'm probably oversimplifying here.. I have no firsthand experience with this aspect of entertainment law.

[Matt's standard disclaimer: While I am licensed to practice law in Indiana, this post is for discussion purposes only, is not legal advice, and creates no attorney-client relationship.]

What if you don't sell the song, but just use it for entertainment purposes?

JDODSON said:

I think thats part of the "fair use" law. But i'm not sure about that, for internet purposes. I know that theres cover songs all over mp3.com, and the company checks those too.
I know playing covers live is ok, just as long as ur not getting paid.

Again:
in cases of doubt, the Copyright Office recommends that permission be obtained.

If you're just messing around, recording it in your room, there's nothing against it. If you perform it live, unrecorded, you're rolling the dice but you should be pretty safe unless Prince is there. If you record it, and post it online, I think you're pretty much encouraging trouble.
[This message was edited Sun Apr 20 20:49:09 PDT 2003 by otan]

I think it's possible that these questions are about the tribute I organize ...

I will not ask for agreements because it's not a commercial or a public program.
For a cover CD you need to negociate and pay a % by CD sold to the author institution (ASCAP etc.).I don't sell any CD to anyone.

It's a work by musicians for a single musician: Prince.
The web page is a personnal one and not a commercial one.
I will erase the page at the end of June 2003.And I just give the link to this page to musicians.
A single CD will be burn to Paisley Park and that's all.

So, I say clearly again here that if ASCAP, NPG Records or other institutions ask me to close the program I will do it immediatly.But I don't think the will do.Because they will understand that it's a "BtoB" intension.

So I have to say that if your cover is recorded live, you have to ask for authorizations and pay author rights for the live show.

Sorry again for my english I'm french and it's hard for me

sorry again I add ed this to the page:

This Tribute is an independent unofficial page. It is not affiliated with, endorsed by, authorized by, sponsored by, or connected with Prince, NPG Records, Paisley Park Enterprises, Warner Brothers Records, ASCAP or others institutions.It's an educational intension for musicians and not a commercial one.Only one CD will be burn and send to Paisley Park in June 2003.After that, this page will be erase at the end of june.If one of the author rights institution ask for us to stop the program we will do it immediatly.They can ask for it at phil.axel@philaxel.com.