“Song sites face legal crackdown”

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

405 thoughts on ““Song sites face legal crackdown””

  1. I that your work on this site falls into a gray area because you are not publishing these works in any format to make a profit.
    You are simply making available to the public your intrepretation of how certain Dylan songs are played.
    I have a few friends that are lawyers, and rest assurred that this situation will be brought to their attention, and I will pass on any advice or information I receive.
    This sire has been a great educational tool for me over the past 2 years, and I would hate to see it shut-down. The greater tragedy, however, would be if you were to face legal action personally.
    It would be great if you put up the zip file on the site for a week or so to let us all get at it… or start it as a bit.torrent and give us the information on how to find it.
    some one else asked about the band- this is the link for the best site I have found… but it isn’t 100% accurate like dylanchords always seems to be!
    http://theband.hiof.no/lyrics

    thanks again for the schooling,
    jeff miller
    jeff.monster@gmail.com

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  5. I’ve admired and used your site for a long time. I don’t understand the legalities, but I’d be happy to support you if I can. If you could send me the zip file, I’d be grateful. Wayne
    wapo@cl.aoyama.ac.jp

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  6. Well, that’s shocking! Haven’t been here for a while and now I have to see this. Absolutely unbelievable. There’s a lover of Dylan’s music, spending hours and hours to support his favourite musician, to help players all around the world and so on and some fuckin’ businessmen let it dissappear for no reason, imo. Will they earn more money without that site? No! Will they protect or help the artist with their reaction? No! All they say – as I see it – is “we can have the site shut down, so we do”. Jeeeze, what a bunch of wankers.
    I absolutely love this site and I want it back soon. I – of course – signed the petition and I hope that petition can and will change the status quo.
    However, Eyolf, thanxalot for helping me in so many ways during the last years by giving us all this wonderful site. You did a GREAT job! May you be allowed to bring it up again.
    Good luck!
    Wilbur

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  7. well what do i do now, i’m just turned sixty and always promised myself when i retired i would learn to play guitar.got the guitar 6 months ago then found your site and thanks to you i’m up and running well sort of.now i am totaly lost if there is a zip file could you please send me it but i wonder how many other people of all ages have been denied the pleasure of your site because of what sounds to me like total crap good luck to you in the future and hope you are soon back up and running thanks for a great last 6 month and hope you can take some pleasure in knowing you got me started on my dream of playing all my old dylan songs

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  8. “Seem like every time you stop and turn around
    Something else just hit the ground”

    Man this site is cool! We all can talk about this and that, ultimately you make the choice! Is the creator of this site as guilty as the viewers and if so is that right? Of course its not! Correct me if I’m wrong, but wasn’t it Dylan who said the songs were always there, I just found them or something along those lines. The songs are great and it’s in everyone’s best interest to keep them alive. Apart from the recorded song, viewers of this site and others are helping to keep these songs alive for future generations! This is a none profitable website in terms of money. Before recordings etc songs were passed down through the generations and changed overtime, this site keeps one artists music alive! And surely Bobby and everyone else wants that!
    I wish you luck getting the site back to the way it should be, I miss it!

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  10. I was so dissapointed when I heard the news. Your site has been a staple to my daily life for the last couple years. I was inspired to pick that old git box up and carry on with the beautiful music that this site had to offer. I would love to get my hands on those zip files if possible. My email is mikemckay04@yahoo.com.

    Thanks for the good times. What a long strange trip its been.

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  11. Eyolf,
    Your work on this site has enriched my life. I started playing guitar about four years ago, I’m 54, and this was my main resource since Dylan is my favorite musician. I can’t thank you enough and hope that things somehow all work out for the best. Thanks again!

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  12. Hello,
    First and foremost I would like to say “thank you” for your efforts on keeping Dylan’s music alive. Being 17 all I ever hear my friends play is that power chord crap (greenday, etc.)or the beatles and it sucks because I have no way of learning Dylan other than your site, and now thats it’s down all that’s left is unreliable tab sites(thank you capitalism). So I’d greatly appreciate it if you didn’t give up. You helped a young person discover Dylan, that can’t be a bad thing.

    P.s.
    If possible please send me the zip file, I’d be greatly indebted to you.

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  13. It’s a shame to see one of the best tab sites around go down… I’m fed up with the music industry. Gready f***ers.

    MPA will be the first against the wall when the revolution comes!

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  14. For those of you just looking for one of the lost tabs, google has it for you. Just use the search engine on this page and insted of clicking the link, click the cashe version.
    If anyone got them all please mail me at erikhansson1*at*gmail.com

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  17. I was very sad when i checked in to this site the other day because i had just got hold of some of the few dylan recordings i still haven`t listened to( actually “a fool such as i”)and i mostly needed the lyrics since the chords for those beatiful country songs aren`t very difficult, anyway, thanks a lot for the “love and theft”-tabbing, i`ve been longing for them forever and was euforic about for example “moonlight” wich i had worked out myself (in A)but for the missing pieces you helped to fill in.It has an interesting chromatic use of dim-chords very much similar to what i found in Fats Wallers “ain`t misbehavin`” and the lyrics, i think, is also in the same mood. Anyway, thanks and i hope it all works out, this site has brought me a lot of joy.

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  18. this is horrible!!! i have been coming to this site for the better part of ten years. thank you for being an instructional as well as pivotal instrument in knowing, playing, and listening to Dylan’s music. unfortunately i did not get the zip file. is there anyone who has it?

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  19. It makes me really sad that MPA wants to discourage people from learning music. Its a disgusting thought to me that the music industry now obviously cares about its profits much more than the future musicians of the world. I think that this sort of anti social behavior will lead to the eventual downfall of the modern major label music industry. It makes me sick.

    -Alex Muro

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  20. This was the best Dylan site I have found yet to date. No where I have found has his whole first cd tabbed out. My goal was to learn his whole first cd, but now I dont know where to find the songs. Even if I did find them the quality and accuracy of the transcription porobably would not be as goo. I hope this site will be back on some day I still have songs left to learn.

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  21. what happen to mccartneychords and harrisonchords?
    will they ever be back on the website?
    thanx for your answer
    tom

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  23. HI,I just clicked on your site for the first time in a couple weaks, cause I’ve busy. I was shocked I didn’t know what was going on, I’ve I been on your site everyday for hours at a time. I am a big dylan fan and guitar fan I’ve seen dylan all over the country. I’m from cambridge, mass. U.S.A. I think you are over seas because of your name. Anyways, I really appreciate all of your work it has helped so much over the years as a guitar player and Dylan fan. It really makes angry that you have to shut down this site,but you have to do what you have to do. how dare they (who ever is responsible) put any restrictions on you and your tabs on our tabs the great american, european public. After all the millions they make, he makes whoever is the cause of this traviesty. If I keep talking I ‘m going to get upset. so thank you for everything you’ve done. I you get a chance can you email me with any news or if you need anything, and what is this zip file that I heard about and can I have it I guess? thank you again. bryan

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  24. Because of your site I have purchased 23 Dylan CDs in the last year (ouch)! The only reason I decide to purchase one is that I see an interesting song (or version) in tab format, usually here at DylanChords. I then listen to the first 30 seconds at BobDylan.com, if I like it and want to play it, I purchase the CD so that I can listen and learn the entire song. Without the tabs I would never have became interested in the music (and made no CD purchases). I have also purchased a Dylan tab book with over 300 Dylan tabs in it, however the quality was generally poor.
    My interest level in buying more CDs was very high but has dropped to minus zero as a result of the tab site issues (in particular with DylanChords.com), I don’t just want to listen to the music, I want to try playing it, the tab sites give me that basic opportunity, saving hours of time. I guess I will just have to spend the time myself…should be fun anyway…of course time is the big issue.

    I really hope yours site comes back. Obviously a labor of love….beautiful work Eyolf .

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  26. eyolf .. I agree, anyone who has studied music knows the underlying rhythm and modality of a work can be harmonized ad infinitum, and can be elastic, limited only by the ear, skills and abilities of the composer. You could come up with arrangements which do not even resemble the original score and never entered the mind of the creator. Thus, arrangements can be subject to intellectual property rights

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  30. Sorry to see this site go. It has been one of my favorites for many years. I hope it all gets sorted out, but if it doesnt, thank you so much for all the hard work and great tabs.

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  31. Thanks for everything Eyolf; you’ve got real talent in that ear. Hey folks, what’s the story on lennonchords, macca, hari, do we have a zip file? and can i get it?

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  32. I can honestly say that I have learned so much from this site about dylan as well as the depths of his songs. Nothing peels Dylan deeper than trying to replicate that sound. This has been such a wonderfully useful site for me a musician as well as a writer.

    Casey Cole

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  34. Your site was the best. I loved playing along with the Dylan songs and your tabs. Of all people, a Bob Dylan crackdown. As a Baby Boomer, this is just more Boomer hypocrisy.

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  35. Desolation Row is about Nazi’s? Take some time off and travel to Greenich Village in New York where I live. Selling Postcards of hangings was done in the American West in the 1800’s. In 1965, the year of the song, US Congress past immigration Law to concentrate on this hemishere instead of Europe, brown being skin color. Beauty Parlor filled with sailors, can you say Gay in Greenich Village. And on and on it goes. And the last verse says, ah forget it, same old same old. My advice is to try and put song in his reality in New York City, not what you want it to be.

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  36. This site is the one best resource for learning dylan songs in the way Dylan actually played them. It’s truly insipiring. Thanks for the zip file. Joe

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  37. Too bad sharing these interpretations is causing some trouble. I have appreciated this sight and have had a lot of fun playing the songs for my personal pleasure. I suppose every writer and singer will one day be sued for appropriation, too. I hope eveything clears up and we can have access to your hard work again.

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  38. if Dylan happens to know about the situation you are in, perhaps he’d allow the ‘offensive’ material to be used on this website. i wouldn’t think he would say no since he did create music with the intention of having it shared. good luck

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  40. Well, Perhaps if or when you complete some songs, then you can decide how any part of your music gets dispersed. Don’t like paying musicians for a Tab book that teachs you guitar. Well, Don’t buy it, don’t expect it for free tho, or you can write a tab book with your songs in em and you can read that for free….did you dentist fix your teeth for free, come on man, musicians dont get what they’re worth….go buy Bob Dylan Tabs…. amazon.com

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  41. What a sick capitalist piece of nonsense. I’m sure Dylan would be proud to hear you say that. Yeh, btw I do get my teeth fixed for free because I live in the UK, where we haven’t been totally molested by the grotty little fingers of corporate greed

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  44. I am a hobby musician who has “greatly” improved my own ability to play by learning from the various tab sites on the Internet: it’s a travesty to ban such sites. Surely they are just an extension of a physical room in which musicians sit together and show each other chords and licks to songs they love and want to play. Will THEY stop that happening one day too?? My thanks to all those wonderful people out there willing to share their talent with the less-talented like myself – cheers!

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  45. Folks,

    The January 2005 version of the zip archive is easily available to anyone who wants it at:

    http://web.archive.org/web/20050311092937/www.dylanchords.com/chordszip.htm

    So please stop bugging poor Eyolf to email it to you. This person has already done the world an amazing service by providing this site and its resources for so many years. If Eyolf needs to lay low while the stupidity of the Music Publishers’ Association plays itself out, so be it. I’m betting tabs will come out of this freer than ever. And should some ridiculous lawsuit come down in the meantime, I hope to see ALL of you lending your support to help fight it.

    Horst

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  46. This is awful news. Eyolf, your site has been, is, and I hope will continue to be a fantastic achievement and resource. Your Tabs are amazingly perceptive and greatly illuminate the songs. Speaking as someone who spent much of 1965 listening to the intro to ‘Don’t think twice’ at 16rpm, I can’t tell you what an amazing discovery dylanchords was after 35 years of partially successful effort! Doesn’t stop me buying the cds and listening to them over and over again, and the site doesn’t stop the people who really matter earning all the money they need.

    I cannot do without this site. Please send me the zipfile …

    I hope sense will prevail and you shall be free. I can’t think that the man who owns the copyright, and who has been outrageously loving and thieving songs from and for all of us for over 40 years, would object for a moment.

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  47. LETTER TO BOB

    If ever there was a time for Bob himself to say or do something in support, this is it.
    I have introduced so many young guitarists to this site, who have then gone on to include Bob’s music in their must be learned songs.
    No one gets ripped off in this site, least of all Bob himself. Bought sheet music is often badly tabbed, piano orientated, and often downright misleading.
    Jeez, even Bob himself doesn’t play in the same style.
    That thin wild mercury is all wrappped up in these interpretative tabs…C’mon Bob, you have already said “these bootleggers make some pretty good stuff “….take a lead and incorporate Dylanchords in your official site, show a finger to the establishment that often did you no favours and recognise the true appreciative audience of your wonderful music, unrepresented by the sterile music industry.

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  48. Dear Eylof, I just became aware of this site a few weeks ago, and want to thank you for helping out so many musicians and music lovers with it. I just got an acoutic guitar after not playing for many years, and was looking forward to learning from you, and then I see nothing is available anymore ?!?!? This was a shock to me. Im so sorry I didnt take advantage to download stuff when it was all there. Since when have music companies been concerend about fair compensation to their artists ??? Pete Ham and Tom Evans from Badfinger both hanged themselves to death because they were treated in such an unsrupulous way by their “well-meaning” business managers. I humbly beg you to please send me the zip file Of Bob’s, and I also wanted to download all the Beatles Lennon, Narrison, McCartney stuff, if you could please also send me that, or tell me who to write to on that. I hope there is a way to get your site back up one day ! Your friend,
    Gaura Powell

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  50. Thanks for all the chords, and I hope to see the site up and in shape again soon.

    My poor computer-illiterate brother has been using your site heavily since he found it and was crushed when he saw the chords down. He’ll be happy to see the zip I got tomorrow morning.

    Keep eylof’s work alive until she’s back up. Those who have, be sure to share (though this shouldn’t be needed, as there are some pretty damn simple means of getting the zip listed above).

    Reply

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