Tabs are reverse engineering and a facsimile of the of the original, therefore, it is derivative at best.
Looking here:
http://www.copyright.gov/circs/circ1.html
Tells you that the MPA has a point. However, transcriptions are an interpretation at best. So, we are best off if we stick to only placings passages and phrases from the originals on a website.
Basically, if you transcribe the verses and I transcribe the choruses, and we both place those on our sites (and cross link), we are NOT republishing the original work.
Furthermore, if you look up "Fair Use" clauses to copyright laws (
http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm), you'll notice that you MAY copy portions of protected work for educational use. Let's face it, most of us use tabs for learning purposes (so that we can teach ourselves a particular lick or technique).
So, the MPA can bully sites off the web because they'll lean on thier ISP/providers and the margins are SOOOOOOOOOOOOOo slim in Internet hosting business that most ISPs will drop the hosted site quickly.
However, between internet forum discussion boards, IRC and Usenet, there's NO FRIGGIN WAY EVER that tabs will be snuffed out.
Let's face it, most tab sites and lyric sites are crappy anyhow. I've used my best tabs at guitar learning sites or straight from the artist (who usually isn't uptight).
So, don't wave your arms about and pull a chicken-little ("the sky is falling") routine just yet.
The Internet is challenging intellectual property rights and copy protection just as pen and paper, movable type and electronic recordings have. In the end we'll be able to get what we want and "they" will be able to protect themselves to an extent.
