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Threat To Free, Legal Guitar Tablature Online

An anonymous reader writes "Recently Hal Leonard Corporation, the world's largest songbook publisher, sent an email to the music publishing and copyright community urging them not to license guitar tablature for free, advertising-supported use online. The email includes a number of factual errors and was potentially very damaging to the potential for a free, legal, and licensed destination for guitar tab online. Musicnotes and MXTabs have posted the full letter along with their response."

36 of 223 comments (clear)

  1. Infuriating by robgig1088 · · Score: 5, Insightful

    One thing i cant stand is big companies taking "legal" action against free services just so they can charge the user money. Infuriating.

    1. Re:Infuriating by GFree · · Score: 5, Funny

      So am I violating the license by possessing an unlicensed copy of (read "have memorized") a song?

      Yes.

      All your brains are belong to us.

      - Music industry
    2. Re:Infuriating by cptgrudge · · Score: 5, Funny

      All your brains are belong to us.

      - Music industry

      When you think about it, the there are a few similarities between the RIAA and a shambling herd of zombies.

      • Both believe that they have a right to our brains, when in fact, they have no such right.
      • They don't have any brains to speak of, which probably explains the zeal with which they pursue ours.
      • As somewhat uncaring entities, both will not hesitate to destroy other people, even the progress of civilization itself in carrying out their vague goals.
      • Both are pretty stupid. They are slow to react to external threats and changes, and seem to respond with aggressive action, rather than adapting with inventive and innovative ideas.

      Uncanny!

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    3. Re:Infuriating by enharmonix · · Score: 5, Interesting

      One thing i cant stand is big companies taking "legal" action against free services just so they can charge the user money. Infuriating. It's not even the money that bothers me, it's that it flies in the face of the whole intent of copyright: that by temporarily granting limited monopolies, society benefits. I imagine the following scenario:

      A young guy picks up a guitar and messes around with it. He can't play a thing, and isn't really interested in investing the time to take proper lessons. He discovers OLGA. He downloads a few simple tabs of Nirvana songs. He works his way up to Metallica, Alice in Chains. He eventually realizes his technique could use some improvement. He starts downloading Bach, Beethoven, etc., because they present more of a challenge. Eventually, he is playing complex works like Leyenda and Capricho Arabe.

      Eventually, he notices there is something fundamentally different in the approach modern music takes from classical music. It "moves" differently. He starts to pay attention to the notes, chord changes, rhythms, and eventually decides that the IT career that he never really cared for just doesn't compete with the idea of learning and perhaps teaching music. He signs up for music theory at his local college. It turns out his technique is good, and he has a knack for music theory, he has perfect pitch, and has such a knack at piano that he has gone from barely being able to read a staff to playing Bach Preludes and Beethoven. All in all, a promising student. He has a 4.0 GPA and a letter of recommendation to one of the most prestigious music colleges in the US where he will study music theory.

      Not so far fetched, that's me. I wouldn't be going for a masters in music theory (or composition, I haven't quite decided) had it not been for OLGA helping me learn that I have quite a knack for music to begin with. If I had to stick to public domain stuff, I probably would have given up. I simply didn't expect it to be anything but a hobby I did when I came home from programming all day. But OLGA got me started enough to realize that, for me at least, it was worth the investment.

      Society benefits from the free and open spread of information. Copyright is just a means to that end: provide incentives for artists to continue creating. But IP is not Freedom of Speech or Habaeus Corpus - it is not a fundamental right. The DMCA hurts society, and I hope to God that somebody important pays attention to the fact that it is being used to shut down educational sites.

      In fact, now that I think about it, nothing that was copyrighted after I was born will move into the public domain before I die of old age... That goes for me, you, my kids, anybody born within the past 20 years. Do you remember when it came out? Then you will never see it in the public domain. But no, apparently we need even tougher copyright controls, can't have people learning how to make the music that got you rich enough to buy the politicians who keep sponsoring idiotic legislation like the DMCA in the first place. Idiots. /rant
    4. Re:Infuriating by NeutronCowboy · · Score: 3, Insightful

      Thank you. The spread of information benefits society in general, while its restriction benefits the inviduals who hold the keys.

      Communist countries may forget that society does not function without individuals, but America seems to have forgotten that individuals operating outside of society can bring it down.

      BTW, congrats on your new career. I wouldn't call it a common path, but that's besides the point. Nothing like discovering what your true love is.

      --
      Those who can, do. Those who can't, sue.
    5. Re:Infuriating by rucs_hack · · Score: 3, Insightful

      It's been four years now since I bought any music, if I'm of a mind for some I tune a radio in or browse the many indie sites that offer free or cheap music. Frankly this whole music industry Jihad is pissing me off.

      Time was I used to buy albums every couple of weeks, I must have spent thousands. I was so offended by their criminalising kids for doing what kids do, share, recommend stuff to each other, and have a laugh without understanding the 'consequences' (what kid ever does?). Now they're criminals, advised to drop out of college and wreck their futures as an example to others.

      Bullshit. Nothing produced by an industry like that is of interest to me.

  2. Make music illegal by syousef · · Score: 4, Interesting

    If things keep progressing at this rate, and if they do start enforcing these fucking insane laws, it'll only be a matter of a few years before owning music is undesirable as it would be difficult ot prove any music is legit and could have you thrown into jail at any moment.

    Why not just cut out all the BS and just make any kind of music ownership illegal. Musical instruments could be covered by the DMCA too since they can be used to copy (read play) a tune.

    Oh that's we can't skip the BS right, because rich greed assholes can a make profit for a while this way.

    Owning/buying music is quickly becoming no different morally to owning/buying blood diamonds. Hell, if they make musical instruments illegal perhaps the penalty for owning one could be that they cut off your hands.

    IP law? It's just fucking entertainment. Get a grip!

    --
    These posts express my own personal views, not those of my employer
    1. Re:Make music illegal by soxos · · Score: 5, Insightful

      Once again, Frank Zappa was unbelievably precient

      This is the CENTRAL SCRUTINIZER...
      it is my responsibility to enforce all the laws that haven't been passed yet.
      It is also my responsibility to alert each and every one of you to the potential
      consequences of various ordinary everyday activities you might be performing which
      could eventually lead to The Death Penalty (or affect your parents'
      credit rating).

      Our criminal institutions are full of little creeps like you who do wrong things...
      and many of them were driven to these crimes by a horrible force called MUSIC!
      Our studies have shown that this horrible force is so dangerous to society at large
      that laws are being drawn up at this very moment to stop it forever!

      Cruel and inhuman punishments are being carefully described in tiny paragraphs so they
      won't conflict with the Constitution (which, itself, is being modified in order to accommodate
      THE FUTURE).

    2. Re:Make music illegal by JebusIsLord · · Score: 4, Insightful

      I can't wait until I take a guitar lesson, and the instructor tells me that he isn't allowed to teach me, for example, and Warner music, because he only has a Sony license.

      Just wait. It'll happen.

      --
      Jeremy
  3. OLGA taught me guitar. by Anonymous Coward · · Score: 5, Insightful

    Back in the day. This was a non-commercial use for educational purposes and they killed it, so screw them.

  4. Already Killed by Doc+Ruby · · Score: 4, Informative

    The Harry Fox Agency, which got its rights to "mechanical reproduction of music" by getting monopoly control over the piano roll market a century ago, has already taken down most tablature from the Web on its flimsy pretext to copyright (and its big lawyer and lobbyist payroll).

    Tablatures are interpretations of the music as heard by someone. They're not even the public performance of music that whistling your favorite song as you walk down the street would be. But once public places are comprehensively wired for sound and video, Harry Fox will be sending you a bill for every time you do just that.

    These insane government monopolies on content already part of folklore, from which folk activity they get nearly all their current value, must end. They are justified in the Constitution as a compromise with 1700s economics only "to promote progress in science and the useful arts". Instead, they now prohibit that progress. Copyrights must end no later than after a human generation of publication, shorter for media other than songs and books, and probably earlier than when 10x their registered production investment is recouped.

    --

    --
    make install -not war

    1. Re:Already Killed by Doc+Ruby · · Score: 4, Informative
      Tell that to the OnLine Guitar Archive (OLGA):

      OLGA is currently offline while we attempt to resolve legal issues with the archive.

      We received a 'take down' letter (pages 1, 2, 3, 4, 5 & 6 ) from lawyers representing the NMPA and the MPA.
      --

      --
      make install -not war

    2. Re:Already Killed by ralphart · · Score: 4, Informative

      Lest we forget, it was Harry Fox who also did their best to do a takedown of all "unlicensed" MIDI archives a while back.

      Evil bastards.

      But we showed them; we learned how to download MP3s.

      BooYah!

  5. educational resources DO have exemptions by weighn · · Score: 3, Insightful
    IANAL but this is a valuable aspect of freedom of use.

    I began playing guitar in 1995 and discovered OLGA early on. Hal Leonard (the person) was a great teacher. The Corporation OTOH ... once again knowledge & your right (Hal and many of the great teachers used to call it an obligation) to pass it on once again comes up against the almighty dollar.

    I spent a couple of years teaching in the late 90s. I'll try to avoid waxing lyrical about the philosophy of teaching but music is a LIVING thing. If you restrict it, less will find it and it withers. With regard to learning music (and any other discipline outside of Scientology and ITIL) information wants to be free.

    --
    Mongrel News all the news that fits and froths
    1. Re:educational resources DO have exemptions by d3matt · · Score: 5, Insightful

      I agree! OLGA was a great resource for learning how to play guitar. Art is 99% derivative. Olga was where guitarists spent time transcibing notes by ear in much the same way painters make copies of the Mona Lisa trying to learn their style and method. In my opinion, it is only a further honor to have your work meticulously copied down. Oh well, I'll probably have to tell my kids about the good old days when we were allowed to talk to each other over the internet about how to play riffs.

      --
      I am d3matt
    2. Re:educational resources DO have exemptions by enharmonix · · Score: 3, Insightful

      IMO music is withering, and it started right about the same time a guy named Sonny Bono sponsored legislation to extend copyright terms. Musicians with real talent can't be faked or manufactured. It takes years and years of study, practice, and dedication. Unless you control a society's access to music so much that you can convince the public that utter garbage deserves a gold little trophy called a Grammy, the best music flourishes because ... well, there's yet to be another Bach. With the way things are set up, it's just a system of controlling the public. "We manufacture it. You will buy it." Sorry, I probably better quit posting. This has me pretty upset. (P. S. I'm following in your footsteps in terms of teaching music, hoping to get a Masters, but it's hard work. Cheers.)

  6. Self defeating? by adona1 · · Score: 5, Interesting

    And I wonder what this will do to the next generation of musicians? Back when I began learning how to play guitar, much of my progress was because of the availability of free tab, which allowed me to play along with CDs. It would be grimly appropriate if the industries pushing this kind of litigation were shooting themselves in the foot when the talent pool in 20 years has shrunk down as a result.

    --
    Between the falling angel and the rising ape
    1. Re:Self defeating? by bky1701 · · Score: 4, Insightful

      Shoot themselves in the foot? No, not at all. What you described is what the recording industry always wanted. If only authorized people can play music, and they are the only people who can authorize, then they control the market completely.

  7. Nothing New Here... by Alicat1194 · · Score: 3, Informative

    Lots of the larger tabs sites have had takedown messages sent to them (example here), which, quite frankly, sucks if you're trying to learn to play.

    --
    You can learn a lot about a person if you just take the time to inject them with sodium pentathol
    1. Re:Nothing New Here... by hobo+sapiens · · Score: 3, Insightful

      Yes, and ironically...is anyone going to their local music store to buy all the Hal Leonard tabs? Anyone? Someone? Yeah. Didn't think so.

      Here's what you'll do: you will get with a more experienced player and learn from him, go to the library, or *gasp* learn it by ear (which how the old school musicians did it).

      It's not such a smart move to criminalize your would-be consumers. It's called shooting yourself in the foot. Especially considering the target audience for guitar tabs: teenage and twentysomething guys. Not exactly the most forgiving lot, especially for these kind of shenanigans.

      --
      blah blah blah
  8. How long will this go on? by Mr.+Slippery · · Score: 5, Insightful

    Nine years ago, I was interviewed for this article about the original OLGA kerfuffle.

    Nine years. You'd think that after that long, the traditional music publishing industry might have learned something from their complete inability to stop the spread of on-line guitar tabs.

    Hey, publishers: It's over. You lost. You're not going to get to stop people from talking about how to play music. Quit whining, join the world in the 21st century, and you might yet find a way to profit.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  9. torrents by Lehk228 · · Score: 3, Interesting

    so this means to get tabs i go to piratebay and snatch a massive .RAR or every song i could possibly want to play, right?

    --
    Snowden and Manning are heroes.
  10. Why shouldn't I share my efforts ?? by madbawa · · Score: 5, Interesting

    If I have spent my own time trying to figure out the tabs/sheet music of a song, why shouldn't I share it with millions of others who may want that song's tabs?? Just because it takes business away from some other people doesn't mean they can put restrictions on my freedom and willingness to share my effort. Its not as if I have stolen the tabs from someplace where they were being legally sold. Its my time that I've spent. So whats the solution to such a problem? Or does this end up as a stalemate? These people are curbing the free flow of information and knowledge. I myself have learned guitar by looking at countless tabs from OLGA and other sites.

  11. Paging Larry Flynt .... by DysenteryInTheRanks · · Score: 3, Funny

    Wait, you mean these sites Musicnotes and MXTabs feature BARELY LEGAL examples of rubbing and stroking and vibrating TIGHT thin little stringy things, all in a series of Web pages that have been deemed TOO REVEALING and EXPLICIT by the leading moral authorities?

    And we can get all this too-racy-for-the-Web content for free right now for a limited time only in the privacy of our own homes, and it will help us learn to "play" like rock stars?

    Hott.

    Wait, what were talking about again?

  12. Silly by Anonymous Coward · · Score: 3, Interesting

    All of OLGA can be zipped into like a 40mb file.

    The music industry can't stop me from downloading a 300mb album.

    The movie studios can't stop me from downloading an 1.4gb XviD.

    The software industry can't stop me from downloading an 8gb ISO.

    Who are these people kidding?

  13. IP landgrab by palladiate · · Score: 5, Insightful

    You will see companies battling for information controls for a good while. We are living in the IP landgrab. Current speculation is that information is property, and probably far more valuable than goods. An ear of corn is pittance to the knowledge of the process of raising, harvesting, and distributing corn. 1000 years ago, you couldn't restrict someone from telling their neighbor or son how to do any of those. Today, we have patents, copyrights, patent-copyrights (for software), process patents, plot patents, etc, etc.

    We will see new instruments of IP control before this is over. The current consensus among MANY think tanks, blowhard economists, and business leaders is that if it has value, it should be owned and exploited. In that case, expect to see the future demotivator poster and lolcat memes protected. Memes have value, specifically cultural value. You may even see a day in which safety and consumer protection information owned and protected.

    In the dark past, we had to band together to form libraries to preserve our knowledge and culture, and to share it. Today, we are the librarians, and we MUST do our jobs to protect our collective knowledge and culture, and to make sure it is freely sharable. All we are is flesh and knowledge. We cannot let either be subject to trade.

    As an aside, when did capitalism become about giving trade rights to those who can charge the most? Shouldn't that argument fall on its face? Capitalism is a method to efficiently manage resources, in which those who must charge the most are the least efficient, and those that are more efficient are rewarded with the most or all profits. The most expensive price is the red-headed stepchild of capitalism, not it's pinnacle. The capitalist hero is not the whiny John Gault, it IS the busy looter or pirate. The pirates are the ones that realized a far more efficient method of production or distribution.

  14. the tabs must be accurate enough... by tjr · · Score: 3, Interesting

    Hal Leonard claimed that the tabs are inaccurate, made by kids. If the tabs are really inaccurate, then I would think that the users of the tabs wouldn't be happy with them, and this alleged tab black market would disappear.

    The tabs must, on the contrary, be reasonably accurate for Hal Leonard to be noticing any loss of business, which, as TFA explains, they probably aren't.

  15. Greed is Blind by qengho · · Score: 4, Insightful

    It astonishes me that the morons at Hal Leonard can't see that MXTabs is analogous to the iTunes Music Store: a different-yet-profitable delivery system. The letter refers to the easy availability of digital sheet music, ignoring the fact that a single song typically costs US$5.00, far more than it's worth to garage musicians. Licensed tabs that are ad-supported or reasonably-priced will generate revenue.

    Equally astonishing (well, not really) is that the *AAs haven't realized that tablature is useless without a copy of the song it represents. Basic tablature doesn't completely specify a work in the way that standard notation does, so someone who downloads a tab will need an audio file. And not all of those audio files will be pirated, as recent studies indicate. It's a gain for music sales in general.

    Morons.

  16. Interesting move from this company by WatchTheTramCarPleas · · Score: 5, Insightful

    Considering this company is capitalizing on the old Real Book http://en.wikipedia.org/wiki/Real_Book an illegal book (songs in there were unlicensed) used by jazz musicians for decades, I am curious as to where they intend to go with this. For a perspective on a similar experience in the past, back in the day jazz musicians could only find the standard songs in the lead sheet format (Chord chart and melody line) through illegal means, the most prevalent one being the Real Book. They were difficult to find though and were only available through word of mouth (though the internet helped a little). Recently however Hal Leonard has published "New Editions" of the three main volumes of the Real Books which I have found to be quite good, but unfortunately missing many of the standards that the original Real Books had. The biggest advantage these new Real Books have is that they are extremely easy to find. One of the biggest differences here however, is the Real Books were completely unlicensed and illegal, there was no consent by the authors of the songs. Though many of them probably owned the illegal books themselves and may have benefited by the fact their songs were now standards. It seems that with this online database however, with the intent to hold only licensed songs and an easier to find product, they stand on better grounds than the Real Books of old. It may be a battle of who can provide a better service, and if Musicnotes and MXTabs can keep persuading artists to release their tabulature freely. With the record store going away, I don't know how long the printed music store will be able to hold out against the internet.

  17. Feeling the Pain by moehoward · · Score: 5, Insightful


    I very much miss easier access to tabs. They have taken down so many sites already. OLGA, of course, is most missed. I donated to several sites over the years, including OLGA. Figured it was like teaching someone a new dance. Who knows if Dance Dance Revolution will be going after people who imitate their dance steps 10 years from now.

    The problem with the guitar tab situation has been that it is a difficult situation to explain to non-players. Everyone knows that almost all great rock players have openly admitted for 40 years that they learned by imitating records, writing down what they knew, and sharing it.

    First it was the lyrics, now the tabs are gone. Not only will they ultimately hurt the music publishing business, but the instrument business as well. God knows how much money I have spent on guitars/music toys ONLY due to the existence of tabs.

    On the next cool evening, I shall be burning any Hal Leonard books I own in the pit outside.

    --
    "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    1. Re:Feeling the Pain by Anonymous+McCartneyf · · Score: 3, Insightful

      Okay. You are losing access to guitar tab transcriptions because of the activities of Hal Leonard Inc. Your response would be to burn the books from that place that you already own and lose access to even more guitar tabs?
      Be sensible. Post the contents of your Hal Leonard books on your website (preferably behind password guards) or on the Pirate Bay, where anyone with technical skills can find them. Surely that would be more fitting a punishment.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  18. Hal Leonard writes CRAP Music by B_SharpC · · Score: 4, Funny
    These Hal Leonard folks are pretty music illiterate. I have used their junk. How can you copyright crap?
     
    I will post a guitar B Sharp cord (B# = C) lol. I dare almighty Hal 9000 to censor it!
     
      Censor This HAL!

    _______________
      E A D G C E
      | | | | O |
      | | O | | |
      | O | | | |
      | | | | | |
    --
    Score & Karma: SASA: Slashdot Approval Seekers Anonymous
  19. Who's "they"? by Kadin2048 · · Score: 4, Insightful

    I really wonder if companies that go on the warpath over internet copyright violations really think in their long-term best interest.

    You make a common mistake -- thinking that a "company" has a brain of its own somewhere. Obviously, it doesn't; it's made up of people -- and those people are working in their own best interest.

    It may be, and probably is, that the interests of the people running the company, and perhaps even the majority of the stockholders, are not the same as the interests of the "company" as an organization.

    For instance, it might be in the major stockholders' best interests to do idiotic things that will get them media attention, and run the share price up, so they can sell it, make a bundle, and leave some other people with the bag. Witness SCO -- I hate beating a dead horse around here, but it's a great example. If the people at SCO have any brains at all (debatable, sure), they could be making tons of money while simultaneously running the organization into the ground.

    It's quite possible to crash and burn a company and come out on top; some people have practically made careers out of it.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  20. Re:Oblig Simpsons Reference by hazem · · Score: 3, Interesting

    That reminds me of this site: http://everything2.com/?node_id=1029506

    He talks about a court case that determined only 4 notes had to be in common to violate copyright. With that logic, he determined that there are only 46,656 distinct melodies.

    Assume that all songs use a Western musical scale and that such a scale contains twelve distinct intervals. Assume that a judge (not a musician but a judge) will distinguish three distinct note durations (which roughly correspond to eighth, quarter, and half notes, or through a trivial change in time signature, to quarter, half, and whole notes, or to sixteenth, eighth, and quarter notes). Thus, there are 36 possible distance vectors from one note to the next, and 36^(n - 1) melodies of n notes.

    And not all of those would be worth listening to... so pretty much any 4-notes you play probably violate someone's copyright.

  21. It's somewhat sad, isn't it? by Mateo_LeFou · · Score: 4, Insightful

    Two centuries from now I think there's going to be a big dead zone in cultural history. I refer to the bulk of 20th century art, which it will be difficult to preserve and keep relevant as long as *all copying without permission is illegal.

    Millions of great pieces of pre-Gutenberg literature were lost because of inadequate technology. Millions of pre-Internet pieces will be lost because of politics.

    --
    My turnips listen for the soft cry of your love
  22. Quality... by nick_davison · · Score: 3, Interesting

    They do have a good point on the quality side of things...

    Very, very few tabs on sites like Olga come even close to the quality of a decent tab book.

    F5, A#5, G5, C5 may well be the chords to the main part of Teen Spirit but tells me nothing about strum patterns, rhythm, which strings I should be missing on certain strums, etc. It tells me nothing about C and F notes that chime out afterwards.

    Ironically, for all the claims of "I'm not good enough to figure out how to play a song by ear..." - to use most online tabs, aside from getting pointed in the right direction, you really do need to have an ear for rhythm, an ear for when exactly the chord changes happen, what the strum patterns are, when to use up vs. downstrokes, etc.

    There is a major problem in the printed music world that only better known artists merit the expense of producing a good tab book and that most of those books are only available via special order. Still, when they do exist, when you can find them (this is starting to sound like the A-Team), the world of difference between them and the average tab is astronomical.

    I'm caught in the middle: I'd hate to see high quality publishing disappear but I also don't see low quality, text based tabs (that often have five different, all disagreeing, version) really being that much of a threat.

    Then again, in a world where record companies are trying to shore up CD sales, about about including a DVD with video files of exactly what the artists' hands did when playing the songs, lyrics and scores included? Given the choice between iTunes' $0.99 a limited song and $1.29 an unlocked one, I'd rather drop $15 on an album that'll teach me how to play its content as well. Sure, on a one-off basis, those costs would be huge but if it were done for every album, economies of scale could turn it in to a day's filming, a quick editing job and a day or two of a cheap person transcribing it.