Free the Lyrics

Shortly after the MPA announced its plans to take down tab sites, I found an online petition and wrote about it (December 20, 2005). Since then I’ve found a couple more, so here’s a roundup. People can leave comments in the first three, so you’ll find some thoughtful arguments, some not-so-thoughtful quips, and occasionally some guest book graffiti.

Musical Interpretation on the Internet
The petition was created by and written by James Booker. It’s addressed to the Music Publishers’ Association, but there isn’t any information about when or if the petition will be sent to the MPA.

TabPetition.com
This one is addressed to the Music Publishers’ Association, and since it says “What we are going to send the MPA”, I assume the MPA will be notified at some point.

save the tabs
The site says:

when enough people have signed we will contact the MPA and any other relevant organizations to show them your views, please sign and help SAVE THE TABS

Tab Aid
This one takes a name and email, and doesn’t mention anything about when or if the petition information will be sent to the MPA. (More information about TabAid)

Guitarist Brian May of Queen fame had a few words to say about the lyrics and tab situation. First of all he admits that copyrights are a good thing. He’s entirely in favor of musicians getting their fair due, but doesn’t think the Music Publishers Association’s threats are appropriate, nor are their intentions in the right place. He had this to say:

Reading between the lines it seems much more about trying to protect the Publishers’ traditional income on printed sheet music.

To read more, refer to his website entry from December 18, 2005: TAB SITES FACE LEGAL CRACKDOWN

I updated some pages at mredkj.com, so for some information about this lyrics/tab situation, read on.

• Introduction
• Rant
• Business Model
• Long History of Cracking Down

At mredkj.com I put together a historical list of some lyrics and tab sites that have been taken down since 1996.

Here’s information about another one.

Vivarin Lyrics Server

So in October, 1996, we received a cease-and-desist from the Harry Fox Agency, representing writers for ASCAP, BMI, and SESAC. Their letter stated that our archive hurt their market for tablature sales (basically, that people wouldn’t buy sheet music if it was available on the Internet.)

I just got done reading an excellent article that walks through the history of the publishing industry in regards to copyrights, licensing fees, and sticking up for their rights. And hey, look here, it was written in 2001.

Record label faces online piracy suit By Anna Mathews, The Wall Street Journal Online

The title implies a narrow focus, but there is a detailed backstory within. The history lesson starts off in the 19th century, with a brief mention of Tin Pan Alley. During that time, publishers of sheet music weren’t just a part of the music industry - they were the music industry. As the 20th century rock n’ rolled on, the recording industry emerged as the top dog, driven by performances of popular artists.

But the publishing industry didn’t go away. They still want a piece of the pie, and have fought their battles over the years. While researching their actions, you don’t have to look too far before you’ll see the name Harry Fox Agency.

“Who’s Harry Fox?” one musician asked in a Web posting. “If I figure out how to play some song, what’s he got to do with it?”

A question just as relevant today as it was when it was asked back in 1999 at a time when the On-Line Guitar Archive was shut down. Sound familiar?

You might compare the industry shift after the Tin Pan Alley glory days to the technological hurdles publishers face today, but don’t expect them to take these changes lying down. At least not Edward P. Murphy, who in 2001 was CEO of the National Music Publishers’ Association.

Mr. Murphy’s point of view was shaped by events such as the advent of the copying machine, which wiped out much of his company’s sheet-music business. He vowed that he wouldn’t let new technologies hurt publishers again.

It may seem like the mainstream music industry has just one voice - usually attributed to the RIAA - but they’re just the recording side of things. The MPA and NMPA are the publishing side. After reading the Anna Mathews’ article, maybe it’ll be clearer how the industry can be at odds even within itself.

If you’ve read about the lyric site crackdown, then no doubt you’ve formed an opinion. I just wanted to go over a few misconceptions I’ve been seeing here and there.

It’s not the RIAA leading the war cry to take down lyric sites
In all reports I’ve read, the organizations mentioned so far are the MPA and NMPA, two American organizations that deal with all sorts of copyright and licensing issues for the music industry. Another group on the radar is one that was mentioned in the pearlLyrics story - publishing company Warner Chappell Music.

Putting up a notice does not get around copyright law
I am not a lawyer, but I will say that a lyrics web site does not become legitimate just by putting up a notice such as “All lyrics are property and copyright of their owners. All lyrics provided for educational purposes only” as is done at azlyrics.com

Music sheet sales and recording sales are two different sides of the industry
I’ve noticed people asking the question “Why are they concerned with lyrics as long as they’re selling music?” The MPA deals primarily with print music, so if something is affecting music sheet sales, it’s their concern. Another factor is that lyrics are bound to copyright just as the recorded songs are, so rights holders want to keep control of their property. But hey, even I’ve used the “long as they’re selling music” argument in the opening paragraphs of my mredkj.com commentary on lyric site legality.

The industry isn’t just starting to crack down on lyrics sites
The announcement that the MPA and NMPA want to shut down sites may come as a surprise, but various groups have taken action in the past. (Refer to the Long History of Cracking Down in my commentary.) The difference is this new initiative is supposed to be more comprehensive and coordinated.