I'm currently recording a cover version of a song for inclusion on a compilation album which will be sold on Bandcamp. Because Bandcamp does not pay mechanical royalties, the organiser of the compilation (and owner of the Bandcamp account) is paying up front for the song licenses.
However, I want to include excerpts from two other songs within my recording - it would be an entirely new recording by me with no samples, but there would be two lines from two different songs along with the recognisable melodies. The entire recording is around 4 minutes, the two excerpts are around 10 seconds each, so they are not a substantial part of the piece - it is not a 'medley', the excerpts are meant as homages
The focus of this question is this : Would rights for all three songs need to be obtained, or just the 'main' song being covered?
In answering this question I would appreciate if you would consider and explain:
- Could the small excerpts be considered 'fair use'?
- Does it make a difference that one of the excerpts is by the same artist as the main song being covered? As the original artist will be paid the appropriate licensing for the whole song, would this negate the need to paid / negotiated for the tiny segment of another of their songs?
- Although the compilation is being 'sold' on Bandcamp, 100% of the proceeds are going to a fundraiser to pay for a child's medical bills (NOT an official charity in any way)