* Recording cover tunes.
Occasionally a client will ask about the legal aspects of recording & distributing someone else's music. We could be talking about a cover tune or a remake or a sound byte or whatever. I'm not an attorney (although I play one on TV) so I don't claim to be an expert on the subject. But I'm not an idiot either. If you are performing or recording someone else's material and making money from it, you probably owe them something. At very least you owe them a courtesy call to see if they approve or object. If you are deriving personal income from the sale or distribution of someone else's work, they are entitled to something - for no other reason than good karma. I realize there are many gray areas so it's best to check. I suggest you go to www.songfile.com and read up on this matter for yourself. There are a number of factors involved such as how the song(s) are going to be sold and distributed, how many copies you plan to sell, etc.
My professional advice: do the right thing. The right thing is to contact the person or entity that controls the copyright for the music you want to use. Ask for permission. If they grant you permission then you're golden. If not, tuff noogies for you.
My local Borders bookstore had a ton of excellent stuff on the subject. Or check with Amazon dot com. Everything you ever wanted to know about the legalities and inner workings of the record business. Or contact a good attorney like Alan Korn. Here in the Chicago area you can contact The Entertainment and Intellectual Property Group.
It's my understanding that the local bars and clubs you play at are responsible for negotiating annual licensing agreements with ASCAP or BMI if the bands are performing cover songs. I think the same thing applies if the establishment is playing prerecorded music over the PA system. In fact, I'm aware of bars getting hit with fines and penalties for such stuff. I hear about this every few years or so. It's not up to the band, it's up to the club owner to pay these fees.