2nd Tab Site Closed Under Threat

In Dec., the Music Publishers’ Assn. (MPA), backed by the National Music Publishers’ Assn., vowed to pursue sites that illegally published copyrighted material like guitar tablature -- instructions for chords and soloes (WID Dec 12 p1). MPA Pres. Lauren Keiser even told the BBC owners of sites like OLGA and GTU belong in jail (WID Dec 12 p1).

NMPA and MPA attorneys sent OLGA a “take-down” letter, said a statement on olga.net. The letter -- signed by lawyer Ross Charap -- was posted on the site and read in part: “It has come to our attention that your website, Olga.net, makes available tablature versions of copyrighted musical compositions owned or controlled by members of NMPA and MPA, without permission from the publishers… the versions of these publishers’ musical works that you post on your website are not exempt under the copyright law… we demand that you immediately take down Olga.net’s website.” The posted letter had attachments listing specific songs. The MPA doesn’t comment on ongoing disputes, but will take “all applicable steps to remove unauthorized sheet music and tab versions from the Internet that do not respect the rights of songwriters,” a spokeswoman told us. “Writing guitar tab is no more infringing than showing another person how to play a song,” OLGA counsel Anthony DeGidio told us: “It has always been, and still remains, OLGA’s desire to comply with all copyright laws, and to see that copyright holders benefit from their works.” OLGA voluntarily shut down after receiving the letter, he said.

In July, GTU owner Rob Balch’s ISP got a similar letter, Balch said: “Apparently, the NMPA/MPA believes that the Internet may be on the foul side of the legality line they would like to draw here. For me, I see no difference. It’s teachers educating students and covered as a ‘fair use’ of the tablature,” Balch said in a statement on the site. Even so, Balch took down every tab, including Jingle Bells. He thought the “good faith” gesture would earn him “a little respect” from the MPA and NMPA, he said. Visitors to the site still can search for tabs, but get only a graphic reading “download of this file has been disabled. A copyright ‘fair use’ dispute is pending.” The issue of whether “fair use” covers GTU and like sites hasn’t been litigated, Balch said. He said he wants to talk with the MPA and NMPA directly, but they haven’t agreed.

The matter steeled Balch’s resolve to maintain an online music learning community, he said. “It’s no longer a hobby, it’s a passion,” said Balch, who started the site in the 1990s after learning guitar on the Internet. Today, GTU’s member database contains about 250,000 log-in names, he said. The site carried ads, but they ran on the home page, search pages and discussion board, not on tab pages, and only paid for the servers, generating no profit, he said. Teachers who post tab files on the site don’t get paid and students don’t pay, he said. But now GTU is accepting donations in preparation for a lawsuit (WID Aug 1 p3). Users can send contribute to Music Student & Teacher Organization, dedicated to “educating online fairly and freely,” he said. Nearly 9,000 people have signed up, though not all have donated. Unlike OLGA’s Woods, Balch doesn’t have an attorney, but plenty of people seem willing to help, he said. “There’s been an overwhelming inflow of e-mails with lawyers offering free representation,” he said. Unfortunately most of them come from outside the U.S., as did about ? the site’s traffic.

Balch doesn’t yet view the MPA and NMPA as the enemy, but their actions will alienate emerging musicians by stifling the learning process, he said: “Of course I've bought their books before. A lot of times the music’s not available or it doesn’t sound exactly right or it’s $30, and you just want the riff at the beginning of the song.” He said his site merely connects guitar teachers with students and provides a valuable service.

A new, “very carefully designed” GTU site will debut Aug. 17 or thereabouts, Balch said: “If they want someone to pick on, they got me.”