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
:(
This is a travesty. First, I think you are more covered than a regular tablature site, because a) this was your work, b) you’reanot a professional, c) you include a fair aamount of criticism and commentary on the transcriptions. This is fair use! If anything, I’ d say, include more commentary/criticism and you should be completely fair game.
These are exactly the kind of things that I want to investigate further, and I also believe that they wouldn’t come after me first, but should they do, I’d rather be prepared. I’m not as confident as you about the fair use, though. A colleague of mine was prohibited from using some song title (can’t remember which one) as a chapter heading in one of his books… Besides, if I’d have to include commentary and criticism for every song, I wouldn’t have time for much else…
But I’m not a lawyer, and if you are, you are more than welcome to give me advice :-)
Oh, boy. Life could be some much easier…
Anyway, what could be the worst case we can think of? I’d say: That this site has to be down forever. But even this isn’t the end of playing Dylan songs, becourse:
• Dylan is 65-something. This site covers nearly all material he has done so far, and I’m sure many people have downloaded the zip Archive and are willing to distribute it. (Many thank to Eyolf here: He has not only tabbed all the stuff, he has also made it easily available. We owe him much!)
• Whatever Dylan releases in the future, I’m sure there will be means to distribute the tabs on that, too. Ever heard of DeCSS?
Having said that, just one more thing: The whole argumentation is ridiculous. I’m as right-winged as any sane man can be(*), but this is just power & greed & curruptable seed.
(*) Possibly. But who wouldn’t say that about himself, however left-winged he is?
Though I can understand your motives, it’s still a very big shame it has to be like this. I believe there are two options left. You could send me the entire archive, or we can torch the MPA headquarters. Either way, I’d like to compliment you on the tabs, and thank you for the time I *have* been able to use it. I must say I’ve learned a lot through playing Dylan :)
Sincerely,
Kai van Dalen
Listen man, I think this has been a great service to musicians and appeciators of Dylan’s music. I thank you for all the work you put into it.
However, to think that the arrangements are your “intellectual property” is way off the mark.
I can’t believe this. i’ve been learning songs on the guitar for almost ten years now – it’s practically how i tought myself and progress as a guitar player. i have dylanchords on my favorites and have visited it at least five times a week ever since i found it. it has been a staple on my computer and chalenges google as my other homepage option. i’m truly heartbroken that i won’t be able to look up any more songs by dylan. i’ll have to resort to the old brick and mortar method that i used when i was 16 looking up sublime songs.
well…to sum up how i feel: i just got off a long days work and i’ve been humming shelter from the storm in my head all day. guess i’ll have to play it from memory from now on, which might not be a bad thing after all.
get this chords back up as soon as you can. and while you’re at it, throw on the band songs from the basement tapes or give us a link to find them.
That depends on the definiton one uses. Granted, as “A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes,” it’s not, but as “Any intangible asset that consists of human knowledge and ideas,” I’d say it is.
The most common usage seems to be as an umbrella concept to cover copyrights and patents, and according to that definition, you’re probably right. I like to consider the site as a whole, though.
This just aint right, but what can be done? Thanks for all the work you put into this, I for one will miss the simplicity of searching the tabs and then sitting back and relaxing whilst learning a new song. Who knows it might all eventually work out.Good luck and thanks again.
I am stunned to see the grisley aftermath of the latest chapter of the buisnessman’s war on music culture. What’s next? Is Dylan’s record company going to start sueing performers for playing his songs? Maybe Dylan should start paying his overdue back payments to Woody Guthrie’s estate. Does you know Dylan’s opinion on this?
(any chance you can email me this magic .zip file archive? Your resource has set me straight dozens of times to my poor ear, and I need your guidience)
this is terrible. i too would love a zip file of the archive. this site (and dylan’s music) has helped me through tough times (as the music is an outlet for various emotions, etc). well no amtter what, thanks for the years!
This is absolutely ridiculous. Going on about protecting the artist. just today, I read that Paul and Ringo and Harrison and Lennons family’s were left with no recourse but to sue EMI for unrecived royalities. Anyway, I hope you will be able to report your site. I spent much time here and found your tabs excellent. I too would be interested in a zip file if at all possible.
rob Canada
About the zip archive: Right now it’s still were it used to be; it’s place isn’t hard to guess if you know that the name of the file is chords.zip.
Should you decide to grab it, please give it any friend who asks you for it.
This has been the number one source I used when I started playing the guitar four years ago. In fact, until last year it was the only source, and I think it’s fair to say that 90% of what I learned is from this site: From strumming the Am chord to playing “Simple twist of fate” in open D/E tuning. (with the sensation of sounding “just like the record”. I think it was the only song I played for weeks.) And now it’s gone! :-((
Thank you eyolf for all the hard work in this site and I hope to see all the tabs again soon!!
Well, now it isn’t anymore. Hm.
Like many others, I’ve been in this site hundreds (thousands!) of times.
Since I started playing guitar some years ago, this has been my favourite place for all these things. Not only for the tabs, I’ve slept with “roadmaps for the soul” under my pillow for quite some time. Now most of this is gone, and it’s a real shame.
I don’t want to get political, I don’t want to say that this whole thing is completely stupid, that we’re getting into 1984 at an incredible speed, that I’m not sure anymore if we will win this battle. Well, I just said so.
Fortunately, we still have this incredible piece of work in the form of zip files that are free out there. And it’d be great if a version updated 15-dec would appear somewhere (hint hint).
Thanks again Eyolf. You just can’t imagine what all this means to me, but I guess I can’t imagine what it means to you either.
Good luck, we’re going to need it.
Al
i just finished a media law class and had an exam question almost identical to what you’re going through here
• 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.” -lose on only one i think
the courts look at all four categories as a whole and you really have them all covered well, except the amount used. -so you’re good there
and the disclaimer -You may only use this file for private study, scholarship, or research. -is an excellent defense
love the site, hope it all works out
-chase
I’d gladly listen to your arguments (and thanks to all you lawyers and law students who have offered me your assistance :-), but I want to be certain first. As I see it, #1 is my point, #2 is fairly unclear, but if “the nature of the copyright work” means “copyrighted music”, it is my impression that that is rather strongly protected — especially these days, in response to the mp3 trading and such, and the “threat” that the internet poses to the music industry in general. (And, I should add, rightly so, in some respects: I welcome every legal effort to give struggling artists the right to an outcome of their work. That said, the music industry has never worked to the benefit of struggling artists….)
#3 is an outright lose for me, and I think I would have a hard time defending myself on #4; there is a quite substantial number of downloaded pages every day, and whereas it is my hope that my site may have contributed to the overall value of Dylan’s work by making it more accessible, perhaps also enticing people to buy albums they might otherwise not have bought, it may still have had a negative effect on the market, at least for (crappy) song books.
I really need that .zip archive. Could someone be so kind and send it to me to 123@dreadz.net? That would be very, very nice..
eyolf you’ve contributed more to my guitar playing than probably anyone else so I just want to tell you that imho it’s a shame what they’re trying to do..
Have you tried contacting jeff rosen about it?
This is terrible! I have been a constant visitor to your web site and I must say you have created the best tab page ever. The thought that you can be persecuted for spreading music through interpretive means is terrible. I feel crushed, could some one send me the zip of all the tabs?
veterchedder@netscape.net A poor college kid like me has barely enough money to buy all of Dylans albums, let alone the tab books that barely exist. Tis a shame… :(
I spend some time just about every evening looking up and playing different Dylan tunes from this web site. Thank you for all you have done and good luck.
What in the hell
I had no idea
This is maybe the worse thing
to happen all week.
Month
maybe year
Can I still get the zip emailed.
I would be most thankful
At
Casey@caseycainan.com
I will link the petion at my site http://www.caseycainan.com
The world needs this site
I know 4 kids who have learned to play from this site.
cc
I posted a comment above earlier and after reading the recent replies I would also like the zip file e-mailed to me if that is at all possible.It would be most appreciated.Please mail to sancapvoymoderator@yahoo.com And thanks again Eyolf for such a wonderful site I have enjoyed it tremendously for quite some time now.
Brett
NOOOOOOOOO!!!!! THIS SITE IS MY BIBLE, MY BIBLE I SAY!!!!!
Hopping on the zip bandwagon. I will die without my precious dylan chords. I haven’t learned all of the songs yet.
So if anyone is going to send zip files to people, my email address is kingharvest@gmail.com . I’d appreciate it very much.
Hope to see the site back to normal soon…
I will also hoping on the zip file if possible, I have also been to this wonderful site 1000 of times, thanks.
I would appreciate it if someone could also send mr a zip archive. I used to visit a fw times a week to get songs, now i’m kicking myseldf for not downloading any of them while i could. My e-mail is jleadbet@dal.ca
This site has been a tremendous help to me over it’s lifetime – and I can not thank the webmaster enough for all of his efforts over the years. I would never have learned to play guitar without him and this site.
I found _an_ archive from the site (although it is back from Sept, 2001), and will e-mail it to everyone who listed their e-mail address in these comments prior to my comment. The MPA can sue me all they want, I’m a bartender at a millionaire’s golf club surrounded by lawyers.
If anyone does have the most recent archive, please e-mail it to me: bearmtn61@yahoo.com
Let’s all cross our fingers and hope this works out.
I hate to contribute to a run on the bank, but I certainly wouldn’t mind the zip archive either. My email is mojorisn@bu.edu
Oh man. This is not good at all. Anybody want to post that zip file somewhere so we can all get back to our lives? I’ll just be over here on lennonchords. Thanks for all this.
Is this the new holy grail of Dylan-chords, or what? “the zip file, where’s the zip file”? :-)
Anyway, just to make it clear: I won’t send it out, but I’m sure there are plenty of people out there who has it, and I can’t stop any of them from being friendly.
One more thing: just to make it clear: this is not in any way a result of pressure, nasty letters, or any kind of contact from publishers or Dylan’s people. They’re not to blame.
What am I supposed to do now!!! I just started coming to this site. Just recently was put under the Dylan spell. please someone send me the zip file.
my email is grego444@aol.com
would love zip-file — please email to marktgarten@yahoo.com
This site should never be shunned. The chords are indeed accurate but they are not copied from exact copies. It is pointless to do this with Bob Dylan music anyway, since each musician who plays it will have a completely unique interpretation, whether he/she likes it or not. I also agree about the lyrics. The lyrics are poetry! I am certain Bob would like his words to be represented accurately. Well, we can’t help the idiots of the law. But it’s a dying shame if this site is shut down.
Also, if this happens, PLEEEEEASSSSEEE SENNNDDD MEEE A ZIIPPP FILLEE!!!!!!
To find the zip file everyone is looking for (I’ll just call it “X”) in a version from November 2003: search for “X” to find the exact previous location. Then search for “Wayback Machine” to find a very cool site that stores old web pages intact. Then search for X there and you will find it.
You must NOT be cowed and shrink merely from fear, allowing your emotions to direct your thoughts, acting because of vague questions instead of clear answers.
You don’t have anything to fear from the music companies. Why do you think they are after you?
You have seen the legal arguments (above) and someone even recommended talking to Bobs lawyer, but has anyone asked you to retract what you had published? Which, by the way, is only commentary. That’s all you’ve ever published, really, is commentary. The specific tabs themselves were only presenting the context, in a very scholarly way, for the commentary, somewhat like footnotes at the bottom of the page or the back of the book.
Furthermore, Dylan is in the public domain. He is, his songs are, and even more so his voice shimmers and glistens off the face of humanity, the ultimate public domain. And he wants it, why shouldn’t he? Why wouldn’t he? Everytime we say something to someone about him, he grows. Everytime another book is written, he leaves his mark a little deeper, a little longer.
Sometimes I go into Bethesda and stand there with my D-41 and softly raise my voice little by little through the verses of She Belongs To Me, and then every verse of Desolation Row, Visions of Johanna, maybe Don’t Think Twice, or The Wedding Song, or Tangled Up In Blue. I do it as a tribute. I do it because I want his songs heard. I do it for the sheer joy of singing the songs. You promote that, worldwide. That’s a good thing.
By the way, so far nobody’s even thought of arresting me.
And nobody has thought of arresting you, either. Anyway, they would ask you to take it down, if they cared. They don’t.
Publish your stuff if you want to, don’t if you don’t. But don’t NOT publish it because of some fear of the unknown.
If this is in response to the whole PearLyrics thing, well if you check this out http://www.boingboing.net/2005/12/15/warnerchappell_music.html
you’ll see that’s been resolved. And yes, the private study disclaimer is quite the good defense.
What a blow to see that all the tabs have been removed from this truely remarkable site. Considering all the crap out there, this is one of the sites that could justify the existence of the internet. The amount of work an dedication that has been put into this is just unbelievable. I have listened to dylan forever, but using this site over the passed few years, has really lifted my journey into the dylan universe. It´s interesting to realize that by attempting to perform the songs and understand how they were originally played, you get deeper into the songs.
Anyway, I will be very happy if anyone would be so kind to mail the holy zip-file to anders@kirstinelund.dk
eyolf, as a lawyer I can tell you that if you are based in sweden you will be goverened by Sweedish I.P. law and not US or Australian I.P. law. And this guitar tabs lark is a different kettle of fish from MP3 sites. I think if swedish law had a fair use exemption this site would be covered.
Why not ask Bob or Columbia or whatever for permission?
This is an absolutely ridiculous series of points made by the MPA, sadly this was one of the 2 guitar tab sites that was still around, only one remains to my knowledge and it wont last long.
Lets hope this “misunderstanding” passes soon!
Could somebody post the zip file anonymously in the Dylan binaries newsgroup?
Just an idea.
As a former professional musician, and someone who has spent untold thousands of dollars buying records, tapes and CD’s, I respect and honor copyright. A hard-working songwriter deserves to be reimbursed for his/her hard work and personal struggles which lead to the creation of their music. However, I can’t see how reproducing lyrics and chords online is in violation of this reward since anyone with a modicum of skills can copy down lyrics as they listen to recorded music and easily figure out the chord structure. Websites such as yours simply streamlines the process for the millions of amateur musicians who perform only for themselves and a few friends or family. In fact, I’d argue, that reproducing lyrics and chords of libraries such as Dylan’s encourages those who don’t have a particular recording to go out and buy it, thus contributing to recording sales. I’ve done this myself with Dylan’s and many other songwriters material that I may have heard once or twice, found the lyrics online, and then bought the CD to listen to the original performance. To shut down or go after websites such as yours is ridiculous.
This is terrible. Your site is a god send. Being a collector, I not only have the cds. but also the music books – but of course they don’t show what Dylan actually pays. Any chance of that zip file david@the piano.nildram.co.uk
oops – misplet my address david@thepiano.nildram.co.uk if anyone has the zip.
You have to be kidding me dude. This is like my favourite site on the internet. If someone has a newer zip archive (I have the old one, but does that cover all of the songs and the updates? I dunno) i want the site exactly how it was before it was shutdown, heh.
Alright, if you want my opinion…this is all a bunch of rubbish. All you are doing is making it easier for people to sing songs and play them on the guitar. Wow, oh no, lets shut you down. What bullshit. What mockery. What shame. The government WILL NOT TAKE OUR RIGHT TO HONOR A MAN SUCH AS DYLAN! WE WILL RISE UP.
FUCK THE MACHINE.
oh, and my email address is zkafel@gmail.com
Eyolf, your tabs are already available all over the internet dude, you can’t be worried now. All I’m saying is you need to stand up for what you believe in, put the site back up brother. Remember the free speech movement, remember Mario?
zkafel@gmail.com
Remember Mario? (heh)
http://web.archive.org/web/20041015005207/http://dylanchords.com/chordszip.htm
You’re a smart guy Eyolf. I honestly wouldn’t know the guitar as well if I didn’t come here often. Keep up the good work as best as you can. Thanks.