recording copyrighted songs for free distribution

[savage-six]

What is the name of your state (only U.S. law)? Texas

If I record a cover version of a song that isn't public domain but distribute it for free, is that covered by fair use or do I need to purchase a mechanical license? What exactly are my options regarding this sort of thing?

 

[FlyingRon]

What is the name of your state (only U.S. law)? Texas

If I record a cover version of a song that isn't public domain but distribute it for free, is that covered by fair use or do I need to purchase a mechanical license? What exactly are my options regarding this sort of thing?

No it is *NOT* fair use in the least. If you are going to make a phonorecord (or one of the things that they consider to be equivalent to that), then you can pay the compulsory mechanical royalties on each copy you make. If you perform it in public (perhaps on a webpage even), then you also need to pay the performance royalties.

Information on mechanicals is available at http://www.harryfox.com which handles the licenses for most of the mainstream music publishing industry.

Information on performance rights are available at the various PROs http://www.ascap.com, http://www.bmi.com, and http://www.sesac.com in the US.