Mechanical licenses for covers on this forum.

cool lyrics. mix could come up though a few dbs though [jk] 

anyway- i'm sure others can answer this more cohesively, but i would say it's like this:
it's kinda like j-walking. technically illegal, but rarely enforced (unless you live in LA ;p) 
if you're not allowing digital download and only streaming from a cloud or private server, no label or ASCAP or BMI is going to come after you for mechanical royalties, as you're not making any $, so why would they. soundcloud has a caveat too but i rarely have seen it enforced (yet i have heard of people getting bumped from site for doing such)

it only gets to be an issue if you're distributing for profit, or distributing downloads/ringtones with enough volume that someone else can sell them etc.

also if you cover a song that is pre-1925 i think it's free domain - & something like 'Amazing Grace' would not require such license either 

pdlstl

The only thing I could disagree with you on is, I believe it applies even if it's not for profit. I feel like you that it happens but doesn't get scrutinized. A quick story...Out here in W.Texas, ASCAP is going into tiny hole-in-the-wall eateries and busting them for unpaid solo performers doing covers. Pay a big license fee or shut it down. And many have closed.

If that's true, it's disgusting.

Reminds me of the time some a-hole from the musicians union walked in and stopped my brothers band in the middle of a song and told them it was a union only bar and they had to pack up and leave. My brother got up from behind the drums, grabbed him by the back of the pants and the back of his shirt and literally picked him off his feet and threw him right threw the front door. I have ZERO respect for anyone who belongs to the musicians union just for the simple fact they try to dictate to business owners and musicians who can play where ... for example ... you can't play anywhere in Des Moines on Court Avenue (the only place to play in Des Moines where there's bars that have music, it's a mini strip with a lot of places to play) unless you belong to the union ... bull$hit in my opinion.

If that's true pdlstl, it's the beginning of the end ... kiss this forum goodbye in a couple of years just for the simple fact that Roland will want to avoid being sued ... kinda wish you wouldn't have brought attention to this if you know what I mean ...

Just another sign that nobody gives a flying $hit about music anymore, it's all about money.

And yeah, you can't cover a song, even for fun, without paying royalties. They are minimal if I remember correctly, but yes, you are supposed to pay.

Earl Clark... you are 100% correct my friend. 

If you record a cover tune the people responsible are required the get the license to record it.  It doesn't matter if it's for fun, not profit, or mass distribution..... the license is a requirement. 

This is the reason I record very few covers and they are only on my personal MP3 player at this point.  Personal use is an exception IIRC.  

Performance royalties are due and payable by the artists performing the covers in public.  A nightclub is considered a public performance. The songwriter is due that money, and his PRO is responsible to collect it and remit the proper amount to him/her in a timely manner. 

I was playing at a house gig in a NC club back in the day. One night the club owner came to us and wanted copies of our play list. Seems the ASCAP representative had showed up and was seeking payment for royalties. They looked at the jukebox records ( the jukebox was owned by the club and not leased from a music company) and our live set play list to factor the money owed. Of course, the club manager is the one who generally makes the payment. 

They actually have gone into other non-music related establishments which have a radio playing for example..... if that radio is audible to the customers they are allowed to collect the performance royalties based on their formula for those businesses. The exception to this is where a business has a music subscription service.....since the PRO fees are built in to the subscription cost. 

Technically and legally, there is no free music out there in the commercial/business world.  Congress has written the rules and defines what constitutes a public performance. All the details you could ever want are in the book called "This Business of Music"

As a studio, it is not incumbent on you to check for proper licensing of the songs..... but doing so I think is a good idea since at the very least, the artist is aware this needs to be done. 

Have you spoken with ASCAP or BMI about your situation as a studio owner to see if there would be any liability? I would think that you would not have any problems with performance royalties from your end. 

A phone call only takes a minute and will provide you with the proper answer. That way, you won't have to turn down a paying customer. 

If you go on Soundcloud, YouTube, Soundclick, etc etc there are a bazillion covers posted.
If you made that song available for sale, you would probably get tracked down but while people are blatantly stealing/downloading full albums, movies, software I'm pretty sure we are safe.

But thanks for bringing it to Cakewalk's attention :)