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
It’s a shame that it came to this, Mr. Ostrem, but I understand where you’re coming from. I barely escaped an RIAA subpoena a few months back (They told my ISP they would subpoena, and never followed up). Your site is beyond fantastic — I can really say I learned much or most of what I know about rock/pop harmony from your tabs.
If anyone could send a copy of the zipped tab file to dan.squiggle@gmail.com, I would be eternally grateful — And if I could do some small favor for you in return for it, let me know! I could… help you on some programming homework?
Hi, could you include me in your zip file chain mail? that would be much appreciated. My email address is tom_chevrier@hotmail.com
Thnks again
Tom
i am posting the zip in
alt.binaries.sounds.mp3.bob-dylan
thanks eyeolf….
Thanks for posting this.
If anyone does not have access to newsgroups, and would like the file, e-mail me at bearmtn61@yahoo.com, and I will send you the zip.
IT was a free, cool site. But apparently freedom is getting hard to maintain when it is not constrained by the boundaries of the market. I’m not really politically comitted, but i just have the feeling that something’s happening here. Internet is one of the last place that is not fully shaped by economic dictatorship. It looks like it’s getting there.
Anyway, I managed to get the zip file and I think it is a good initiative to pass it around to maintain some freedom if possible.
Thanks Eyolf for resisting in your way.
Thomas
Everton177@yahoo.com
Damn!! this was one of my favourite sites on the whole net…i’m totally pissed off and saddened by this curtailing of musical freedom.
I’ve been pratically living at this website for the past year or so. It is very sad to see this happen. I hope in the end you will be able to open it back up especially since you’re not selling ads here.
This all makes me think of a Pete Seeger quote you can find down at the bottom of the woodyguthrie.com home page:
Pete Seeger, June 1967:
When Woody Guthrie was singing hillbilly songs on a little Los Angeles radio station in the late 1930s, he used to mail out a small mimeographed songbook to listeners who wanted the words to his songs, On the bottom of one page appeared the following: “This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don’t give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that’s all we wanted to do.” W.G.
If Mr. Dylan takes calls on his new XM Raido show, it would be very cool to see if he feels the same way.
ditto
There once was a medium so free
Not even Masters of War could have
seized
From the ladder of Business
Thought we’d escape aidless
But Orwell’s too right & we cannot win
I am really sorry. Today is really a bad day. I don’t think they’d shut this site down, but just in case, I think everyone of us should send an e-mail to foggy@bobdylan.com, asking for permission to Eyolf. It is us who buy Dylan CDs, DVDs, books, etc.
When I signed at http://www.petitiononline.com/mioti/petition.html
this afternoon, I was #653. Maybe if bobdylan.com receives a thousand mails asking for permission…
What do you think Eyolf?
From what I’ve heard, foggy is no longer in charge of dylan.com, so writing to him won’t help. At the moment, it’s a matter of checking the options, and “be patient”. Should there eventually be a need for testimonials, petitions, and directed mails, I’ll keep you informed here.
I don’t know; I just cliked on the “do I understand your question?” at bobdylan.com, and that is the address that appears.
Don’t you think that getting permission (if possible) is the best option? There’d be no need for worrying anymore…
As a musician I have found this site to be very enlightenining. As a Dylan fan I have found this site to be invaluable.
Without dylanchords I don’t know what I’ll do. I could always use Google to find those inferior tabs that are floating around but..
If ANYONE here has the archive of this site that was once offered for download I would GREATLY appreciate it
My e-mail is tmacrae“at”gmail.com
Thanks so much.
Love,
Travis
Just see the comments above. (Or do a little searching by yourself, there’s more at some places then your eyes see easily.)
I have leraned to play guitar via your site and it is a shame to see it go but hopefully you will return. I have purchased several dylan tab books and none are as easy to use or as accurate as your tabs. Thanks for everything.
XM has an e-mail request ana a phone #. I’m saddened by the loss (temporary I hope) of the tab portions of this site. It has a great insight to the genious of our hero. I hope the best for Dylanchords.com and the other sections pertaining to the Beatles.
I’m shocked and deeply saddened. This site was truly one of the best music resources I have ever come across–not merely for your transcriptions, but for your analysis of Dylan’s style, bits of music theory, and meticulous cataloguing of even his rarest tunes and the background behind them.
Please don’t let this site die. It was (and is) an incredible achievement, and certainly does not harm Dylan or the record companies in any way.
Editor’s note: Mr Gunsmoke: I understand that you think your comment was important, since you typed it in again after I deleted it the first time around. If you can explain to me what was so important about it, I might consider putting it back in again.
EØ
It was only when I discovered your site that I was finally convinced that it had been worth buying a computer and getting an internet connection. Thanks, Eyolf.
The zip file is now available on all good Dylan related message board so your work will not die.
i’m totally bummed!! this web-site is the only thing worth looking at on the whole internet! i remember a while back you had a “download the archive” option.. i did that on my old computer, but neglected to do that on my present computer… is it still possible to download the archive from you directly?
eyolf, thank you for your hard work and dedication. My dad and I, now miles between each other, use your site to practice songs we like to play together. I am sure good things will happen here because of the great energy you’ve given us. Thank you Dave for the X files. Your instructions could not have been better. Well worth the hunt.
someone has already mentioned this… but I too am of the (perhaps naive) opinion that if Mr. Dylan were to give his permission then you would be in the clear.
This site has been a brilliant, indispensible resource, and is the only reason I play my guitar anymore. Here’s hoping it’s not the end. Thanks so much for everything.
I just got done crying. :'(
It was a Sad Sad Day to find dylanchords.com shut down today. It really threw me into a panic until I could get my hands on the “Zip” file. (thx again, Ken) Eyolf, yours was (will be again, I hope) the best site on the www. How the hell could I have learned to play “Moonight” without you? You will be missed. Can’t thank you enough!
uh, that’s “Moonlight,” and dozens of others.
i’m still crying. this increased my understanding of dylan and music in general and taught me more than any music teacher i’ve ever had. as far as i’m concerned, my computer is now worthless–looking for an updated zip file
ej160e@aol.com
Man, this is a bummer. This site has helped me so much, and not just with my guitar playing. I hope you keep up the Blog Eyolf, and best of luck with the rest of the site.
Hi Eyolf – you make a really good point about the quality of the publishers’ work – your tabs are so much better than any Dylan book I own. Really hope to see the full site up again soon – all the best.
Does the fact that the music you present on the site has no bearing to the music presented in the Dylan songbooks available protect the work in anyway.
Obviously transferring the tabs from the song books would be a problem. But if you look at most of the songs they’re quite different, and the case seemed to be against accurate reproductions. Not that the site isn’t accurate, but the books are the official righted form and so surely the site’s work is a creative interpretation.
By the way if anyone feels like emailing me a certain zip file my address is nb299@cam.ac.uk. It’s a uni account; it’s being used for educational purposes.
Virus-free would be preferable.
Thanks
Yes, but… There are copyrights on several different layers here. The publishers hold the right to the versions they publish, but Dylan holds the rights to the artistic creation, and is entitled to control the publication of arrangements and transcriptions of it.
Thus, I would have the copyright of any such arrangement or transcription, but in order for me to be allowed to publish it in the first place, I would need Dylan’s permission.
I’m very dissapointed of what happened to this site, as it was a reference for me to look for any songs of Dylan but also for the beatles song your site were linking to….
If you can send me the zip file I would appreciate it… thanks matty
PS: hpe it is not really over!!
by the way here is my email adress for the zip file…thanks in advance:
bilroy41@yahoo.fr
What a shame…I too refer to the site most days, it has helped me hugely with learning the guitar.
If the ‘official’ music books showed the songs in such accurate detail as this site I would not hesitate to buy it/them (actually I have bought one and been totally disappointed so don’t intend to buy any more).
Good luck with the site, I’m sure there will be a way around this nonsense…
BTW does a version of chords.zip exist which is newer than Dec 19th 2003?
Hey i hope cooler heads prevail and they go after something more important, I have spent alot of hours at this site, thank you for all the information, it is the best tab site on the net.
What a great site, what a sad day – is it possible to get a .zip file?
I am not a lawyer, but let me know if I can help out in any way.
Thanks again
what cretins!
much wailing & gnashing of teeth on the spanish bob forum http://elforo.de/bobdylan/
your work is invaluable. hope things resolve themselves soon.
animo!!
mac
Power to the people! I use this site everyday for all my Dylan tunes. I’m sick of all these money-mongering corporations cracking down on homegrown websites, bands, and people just to add to their piles.
I wish you the best of luck and hope the tabs come back quick!
Jonothan
the zip file is hosted at you send it. link the following:-
http://s64.yousendit.com/d.aspx?id=3ASMIEX2IODCN33INSVG5CDTVP
good luck!
I have put an unofficial mirror up at http://www.dylanchords.tk until Eyolf feels able to restore the site to its former glory.
Thanks to Eyolf and to everyone that has made the ZIP file available :)
This is probablly the best tab site I’ve ever been to. It is what made it possible for me to start playing harmonica with NO lessons what so ever. It showed me keys, scales, and actual acurate tabalture and lyrics. And this is ridiculous for them to want to shut your site or any other’s down. I sincerely hope you stay up!! I have a show coming up Dec. 31st and some of your intereptations made it possible. Keep up the fight! Sam.
Chris, thank you for that mirror, i was halfway through a song when this happened and it would have drove me nuts to not be able to finish it with a tab, thanks!
We support you from Spain! Your work is inspiring and vuluable!
No worries Aaron – it’s good to give something back to the community :)
Also I must give thanks to the anonymous reader who sent me a recent copy of the site to mirror.
This is horrible. If anyone has the zip, can you email it to dylan@subiklim.com?
I certainly hope that your site and all your hard work is back up again.
Chris Barnes, thank you VERY much. Eyolf, we are with you; no uptight, shortsighted, narrow-minded hypocrite is gonna shut your (our)site.
As has been stated by many, many people, this site was a boon to anyone learning guitar. If, by any chance, anyone has an archive, can they please send me a copy at rjbywater@gmail.com? I hope the legal situation, which indicentally I think is ridiculous, resolves itself soon. Thanks for the many hours of pleasure you have given me in the past.
I visit this site at least once a day, usually. I cannot live without it. I’ll help out in any way I can to keep it going. MUCH thanks to Eyolf, and thanks to those who’ve posted the zip file!
First of all…Sir –
your website was and I hope still IS incredible. thank you. Secondly, where does this end? Am I allowed to even tell anyone correct chord changes and or lyrics now? Am I allowed to play dylan on my guitar?
Zac
This is such a shame. I would hate to think about this sight having to shut down, but since it is a worst case scenario, could someone send me the zip file. My email is Otology101@email.com
Thank you, and good luck Eyolf