Metallica tabs are now illegal?

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Hollowway

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So I just went on UG to download One to play. I thought I had it, but I can't find it on the computer. I clicked on the tab, and a pop up said it had been removed at a request from the publisher. I checked the others, and found the same thing. WTF? Is this a Lars thing? I wish someone would just tell the guy to go into investment banking if he wants to be a millionaire, and to stop pulling stunts like this. Do they really make that much more from selling tab books that it makes sense to send lawyers after everyone tabbing their music?
 

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TRENCHLORD

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Dayn

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There's quite a lot of articles in law journals about the topic. As far as I can discern, there hasn't been any case to test it. In jurisdictions that provide copyright holders with derivative rights, such as the US (from memory), tablature of existing songs would be infringing unless it fell under an exception.

But until someone stands up to test it, people will fold. Especially when so many tabs out there are direct rips from published books. That's not on. Websites will remove them upon request because they're just hosting it and have no stake in the matter. They don't want liability. Especially if they generate ad revenue by hosting tabs... they'd be ....ed.

It's a really interesting topic that I want to address, but I'm already swamped by work and research projects as it is... I'd rather play music, than write about tablature of music.
 

Leveebreaks

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I wish someone would just tell the guy to go into investment banking if he wants to be a millionaire?

Waaaay too late for that.

Tab publishing is still big business, but I doubt it will make a huge impact on his ability to buy shit paintings.
Just a thought for everyone always blaming Lars...they do have an extremely proactive management team that will seek to defend Metallica's copyrights by any means necessary.

Oh yeah and UG is pretty shit too. The last 5 tabs I have looked at were wrong in major ways. Use your ears, I can't think of a riff they wrote that is so fast it can't be transcribed by ear.
 

Leveebreaks

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I have the Tab book for Justice still though somewhere, I'll try and dig it out and scan it for you.
 

Hollowway

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Yeah, I mean it's not the end of the world. I can transcribe it myself. But that's the issue: if someone can listen to it and figure it out, why is it illegal to put it online? I guess it would be like writing down all of the words in a movie and posting that online. Except that I've seen that done, and no one gets up in arms about that.
 

Yo_Wattup

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I think that this is the worst tab book I own, full of mistakes...

I know a guy who went to a Metallica signing and he got them to sign a Metallica tab book. Kirk just laughed at all the errors in the tabs. This is why I don't use tab books, unless they are written by a member of the band. (Scale the Summit comes to mind)
 

Mr. Big Noodles

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Yeah, I mean it's not the end of the world. I can transcribe it myself. But that's the issue: if someone can listen to it and figure it out, why is it illegal to put it online?

Because under copyright law, this qualifies as derivative work. Even if the person producing the tablature is not making a profit off of their transcription, the fan transcription itself can theoretically dilute the market and damage revenue potentially earned by a licensed product. Intellectual property rights also ensure that the copyright owner can control the manner in which their product or brand is packaged and presented. Imagine that the KKK put up some racist garbage on YouTube and illegally synchronized the video with the song that you worked on for a year to cope with the loss of a family member. After discovering that they used your song in this manner (hopefully contrary to your original intentions :lol:), you would probably be happy to know that laws are in place that can easily help to remove your newfound and unwilling association to the Racist Bastards of America. Provided you paid the $35 fee to file your copyright, that is.

Copyright isn't perfect, but it gives protection to creators that I think encourages creation. Some entities are vigilant about policing their copyrights, some are more lax. Disney and Metallica are two examples of corporations that famously protect their copyrights. Every single tab on UG is illegal (unless otherwise stated by the owner of the copyright), as is every cover on YouTube (as well as all unlicensed broadcasts of songs), so I am not offended that Metallica is pursuing their legal claim. They are among the few who actually do. If anything, it is a proof of the law.
 

TeeWX

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Every single tab on UG is illegal (unless otherwise stated by the owner of the copyright), as is every cover on YouTube (as well as all unlicensed broadcasts of songs), so I am not offended that Metallica is pursuing their legal claim.

So covering a song is illegal? How do tiny unknown cover bands get the rights to cover songs? Or don't they?
 

Mr. Big Noodles

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They probably don't. Usually, that is the venue's responsibility. Most venues that license music do so under a general license that they have to pay periodically. When I say "venue", that could mean anything from the Madison Square Garden to the radio at McDonald's. ASCAP has a form that you can fill out to to help apply for the appropriate licensing. Some venues take a risk and operate without a license. In rural Minnesota a venue can probably get away with doing unlicensed covers, because it is not very likely that a representative of ASCAP or BMI is sitting at the bar every night. A club in Hollywood? Forget it - they're paying that general license. One venue I've played at in Canoga Park does not buy any licensing, but they also have a no covers policy. In a county that has so many people working in the entertainment industry, it is not wise to stage unlicensed performances of copyrighted works. However, there are a few sorts of venues that have a sort of "social immunity": my brother was in Burbank High School's show choir, which performs nothing but copyrighted music, and they don't purchase licensing despite the fact that nearly every parent of the kids involved in this program probably works for a corporation that owns copyrights to the music they perform. I think Disney has threatened legal action one or two times, but it rarely escalates beyond threats because it's bad publicity to sue grade schools. Churches are infamous for illegal performances, but once again, who is going to sue a church? Sometimes, you can pick your battles.
 

innovine

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Is it illegal to transcribe something for my own use? Ie is it the publishing of a transcription that's infringing, not the transcription itself?
 

drgamble

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Is it illegal to transcribe something for my own use? Ie is it the publishing of a transcription that's infringing, not the transcription itself?

Copyright has more to do with distribution or public performance of said material. Distributing a copyrighted work in any form is illegal. It is perfectly legal for you to make copies of a cd or tape for your own personal use as you bought a license to do so when you bought the album/tape/download. The problem comes in with distribution or public performance. You are perfectly within your own rights as a license holder to transcribe music for your own personal use. It does not matter at all if you make any money off of infringing on copyright.
 


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