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Guitartabs.com Suspends Under Legal Pressure
Music publishers are stepping up their campaign to remove guitar tablature from the Net. Recently Guitartabs.com received a nastygram from lawyers for the National Music Publishers Association and The Music Publishers Association of America. These organizations want to stretch the definition of their intellectual property to include by-ear transcriptions of music. Guitartabs.com is currently not offering tablature while the owner evaluates his legal options.
The letter essentially says "Die. Now." And faced with overwhelming force, that's just what guitartabs.com did. The ugliest part of the letter, though, is probably this:
"Under the circumstances, both the transcriber of the compositions and you as the owner of the website are copyright infringers."
And they're right. Under copyright law, merely transcribing a song by ear (even without sending it to a website) is copyright infringement. Specifically, unauthorized creation of a derivative work. That is an illustration of how nasty and flawed the entire system of copyright is.
What's the difference between listening to a song so you can guess at the tablature and publishing that
and
Reading a book so you can publish a review (with spoilers and character names)?
You cannot use those characters in your own book without licensing them. You cannot use that tablature in your own song without licensing it.
This is about personal, private usage.
Shall we outlaw whistling next?
I don't care why you're posting AC
I don't think this is legal, but nevermind that. This isn't Right(tm).
How does new music come to be? Do you think a good (and creative) musician got to be that good all by himself? The way I learned music is (1) by listening to good music, (2) by trying to figure out how the piece worked and what made it satisfying and (3) trying to recreate the same effect on my own. Most of the times, on at least one of those steps, I needed somebody else's help. Either in getting to know new music, in figuring out the chords or in learning to play in new ways.
I couldn't have played the way I do without this help, and I have OLGA to thank for a large piece of that. Of course, I got a lot of help from my friends and teachers, but the sort of collaboration that is possible on the net is, I believe, a real boon for every musician, of every level, from beginner to professional. Then again, who's to say if my friend telling me (or writing down for me to play) the chords to a copyrighted song is legal!?
My point being, this kind of litigation has only one effect, and that is to suffocate creativity and the growth of our culture.
""Publishing" is not "personal, private usage". Fair use is not republishing. Fair use is sitting in your personal space looking at the tablature and playing."
In that case, no book reviews or movie reviews or any other review would ever be legal without express permission.
That is a straw man argument. It is also severely flawed on its face, reviews contain excerpts not the entire work.
So, most people judge a composers work by how the the sheets look on a site that's unrelated to the composer? In a related thread, The Beatles are no longer popular due to a huge amount of bad versions of Yesterday in primary schools. I'm officially wiser than 2 minutes ago.
I am in a band and Guitar Pro 4/5 has always proved invaluable to us. Back when www.mysongbook.com allowed you to actually download all their tabs, it was easy to find a good, high quality tab for whatever song we were covering. All of our compositions are also made in Guitar Pro and spread to each of the band members - both for the ability of being able to listen to a theoretical version of the song, and being able to convey our ideas to the other members better.
This was in no way making us money, or losing any money for the record companies. We weren't choosing to listen to Midis over buying CDs or anything like that. Oh sure, you can argue maybe we were abstaining from buying sheet music over using the tabs, but at the same time - most of what we played did not have sheet music transcriptions for all instruments.
And being able to have your song in tab notation, sheet music notation and have it playable as a Midi (for all instruments) is a lot more useful than just having the sheet music for one instrument in a book.
With mysongbook.com down, not only are tabs a lot harder to find, but it's harder to find the higher quality ones, or ones that include all instruments (instead of just guitars+bass).
This is nothing but greed - record companies trying to work out if they can make money off tabs...and until they can work that out, banning any other distributions all together.
~Jarik