Eyolf on the topic of guitar

“Song sites face legal crackdown”

Posted in dylan, guitar, music, politics, tabs on 16 Dec 2005

BBC NEWS | Entertainment | Song sites face legal crackdown

Before you act: there’s no point in writing comments like: Where’s the zip file? I want the zip file. Can you please send me the zip file?

well well… What can I say? Several people have sent me links to this and other similar news reports, concerned about what is going to happen to dylanchords.
I understand the concern — I share it, and I don’t know what’s going to happen.
On the one hand: I don’t want to go to jail, and I can’t afford a 500,000$ lawsuit. Those are two good reasons to shut down the site right now.
On the other, I keep telling myself that I don’t have much to worry about: all the lyrics are already freely available from bobdylan.com; all the tabs are my own interpretations and “intellectual property” in some sense of the word, I haven’t copied them from anywhere, and god knows I haven’t cast so much as an eye on the official chord books — heaven forbid! (in fact, had the publishers done a decent job on those, I would never have started this site); to my knowledge, chord charts in the form and with the contents you will find on dylanchords.com have not been copyrighted; etc. All in all, if I were the judge, I couldn’t really say that the site is much of an infringement.
Then again, I ain’t the judge.
The Australian Copyright Council writes:

If you own copyright in a musical work or lyrics, you are generally the only person who can:

  • reproduce it: for example, by recording a performance of it, photocopying it, copying it by hand, or scanning it onto a computer disk;
  • make it public for the first time;
  • perform it in public;
  • communicate it to the public (including via radio, television and the internet);
  • translate it (for lyrics); or
  • arrange or transcribe it (for music).

That would mean that I would need Dylan’s permission to arrange the songs, even though the “arrangements” (i.e. tabs) are my own.
However:

Unless a special exception applies, copyright is infringed if someone uses copyright material in one of the ways set out in the Copyright Act without the copyright owners permission. The special exceptions include fair dealing with copyright material for research or study, or for criticism or review.

The disclaimer about “research, study, personal use” etc. is a standard mantra in headers of tab pages, which I’ve never really taken seriously, and I doubt that anyone has — especially not the publishers and copyright holders. Whether or not a use is fair depends on four factors, listed in the US Copyright Act:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyright work;
• the amount and substantiality of the portion used in relation to the copyright work as a whole; and
• the effect of the use upon the potential market for or value of the copyrighted work.

I’d say I score a point on #1, but I lose on the other three.

All in all, the situation is too unclear for me to see through it, but also to just sit and wait. I have therefore decided — actually while writing this — to take down the potentially offensive parts of the site until the situation has become clearer. There will be a solution, I’m sure, but until then: have patience! This is not a goodbye, but a “We’ll meet again”

And — not that I think it will have any effect whatsoever, but there’s a petition one can sign at http://www.petitiononline.com/mioti/petition.html


Chimes of Freedom

Posted in dylan, guitar, music, tabs on 21 Sep 2005

Chimes of Freedom was, I think, the first Dylan song that I really made an effort to transcribe. This was before the days of the Internet and in my case also before the days of Lyrics, so if I wanted the words on paper, I had to write them out myself.
Which I wanted, and which I did.
I was spellbound by those words. The layer upon layer of different meanings connected to different sensual experiences: the thunder storm, the lightning, the sounds, the “we”, which is not explained in the song, but I imagined a loving couple, on their way home from a date, to . . ., well, you know – all these and more, working together, flowing in and out …


The Battle of Wichita — the full story

Posted in dylan, guitar, philosophy, software, tabs on 22 Feb 2005

OK, here’s the full story of the battle of Wichita, as requested.

It sounds pretty easy at first — just a run down similar to so many other songs (The Wicked Messenger, Down the Highway, and quite a few others), but when it came down to figuring out the details…

One thing was for certain: the highest string had to be tuned to the tone that is ringing throughout — there was no way in the world that that was going to be a fingered tone, the dexterity that would have been involved in that, would have been quite alien to Dylan (no offense). So there was one string…

For the rest, I worked with the different tunings that I knew Dylan …


Tab Tools

Posted in dylan, guitar, tabs on 22 Feb 2005

After the story of the battle of Wichita, here’s some info on the tools I use when I tab.

Ear. Couldn’t do it without it.
Plain text editor. Well, not quite, but in principle. No fancy tabbing software, just typing. Tabbing is an ASCII art form…
Occasionally, pen and paper, but nowadays, I can hardly write music on paper anymore. Although that’s where I come from, it now feels odd to write down a guitar part in standard notation. Only when there is doubt about the tuning, as in the Wichita case, do I write down the actual notes.
Technical equipment 1. Ah, back in the good old days, back in the late nineties, when tapes were still the standard trading commodity (remember …