QUESTION
Is a tablature website, with no commercial purpose at all, legal?
Asked on May 15th, 2012 on Entertainment Law - Wisconsin
More details to this question:
I know there was a lot of controversy about this matter a few years ago (2006-2009). I have no clue what the rules are nowadays. I currently own a website which features ukulele tablatures, chord progressions (with the respective lyrics) and a few songs played on the ukulele by myself. Hundreds of tabs are already online at the moment and the website is growing fast. A few things worth mentioning: Everything is user created (i.e. no copies from sheet music books or anything else). There is no commercial purpose at all: no advertisements, memberships, selling items. The main goal is to help people play the ukulele, so educational purpose. Should I worry? I am the sole owner of the website and created it, I pay for everything myself (server and maintenance costs) and I do not get one penny for anything. As I've already mentioned, the main goal is to help people playing their favorite songs on the ukulele (lots of guides and tips are also on the website). I do not have the resources to hire a lawyer when it comes to a copyright notice, so I'd rather take it down before that happens.
4 ANSWERS
The thing that makes the most sense is to meet with an attorney for a free consultation first in order to really discuss what you do and what your potential exposure is. Many attorneys, including us, will meet with you at first for free. From there, you can usually figure out if you need an attorney's assistance or if you are ok on your own.
Answered on Jun 15th, 2012 at 9:19 AM
Any work of art that is copyrighted is protected, no matter how it is displayed or for what purpose. Musical works have a copyright on both the composition and the performance of the piece. So if you're disclosing the series of notes that make up the piece, you're probably violating copyright on that composition. The Fair Use Doctrine allows for violation of copyright for educational purposes but courts have traditionally interpreted that phrase to mean in more formal educational settings. You can avoid the whole problem by only using songs that are out of copyright or by getting written permission from the composer to use the song on your website.
Answered on May 29th, 2012 at 2:27 PM
Susan Marie Basko
Tablature sites are supposed to get copyright permission and licensing from the songwriter / publisher. Many have been threatened with lawsuits. Many are now working out deals for licensing with the publishers. Claiming Fair Use for educational purposes is tricky. Your best bet is to contact the publishers directly and get it in writing that they agree your use is Fair Use, or to license it to you. Most major publishers are online and take requests through a website form. The fact that you do not charge money or have ads is not a real defense in Copyright actions. You can also wait and see what happens, knowing the risks. It is a good idea to make your contact email very clear and available on the website so that anyone claiming Copyright infringement can contact you easily and you can take down the offending material. Also keep in mind that you can use any songs that are in the public domain and do not have have to worry about Copyright on those.
Answered on May 16th, 2012 at 2:49 PM
4 Awards
I would have to know more information to properly assess. Depending on the tabs that you put on your site, there may be copyright issues. It depends on who has the copyright, what is says, and whether it has expired (it's a different analysis for each song). Also, it doesn't matter whether they're already available online.
Answered on May 16th, 2012 at 11:33 AM