Fair Use

There has been some discussion around the web about fair use, and whether it applies to transcribed tablature.

I just read an article from 2005-12-27, A Quick Guide To Content Copyrights, which was written to provide some guidance to those following the lyrics/tab situation. It doesn’t give a definitive answer to the question, but it shines a little light on it.

Charles S. Sanders, Senior Vice President of Legal and International Affairs for the Harry Fox Agency, told WebProNews that both lyrics and tablature rights belong to the creator or third party publisher, under the Copyright Act of 1976.

“That tablature is copyrightable is also beyond question,” he said. “Chord progression, though is up in the air. It’s a question of Fair Use. It’s impossible to predict where Fair Use is going to come down.”

The author continues with some other examples where fair use applies. There are some situations where fair use is clearer, but in the end the article doesn’t make any conclusions about the lyrics and tab debate.

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