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**Rugda** · 05-21-2006, 03:15 AM

Ultimate Guitar Tab's website Terms of Use policy

Weeeelllll, there is another part that I left out. The next sentence is:
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

In your case the site is a commercial venture, see the ads. Just saying that it is for education doesn't make it so. I think that if ASCAP went seeking a fee they would have to pay it.
It doesn't really make any difference that it is "ear" transcribed, the lyrics are also subject to copyright. Also, why would anyone buy my "official" tab when they can get yours for free. Therefore it has a great effect upon the potential market for my product.

also.. in all the cover bands i've been with i've never once sent Cannibal Corpse a penny.. business license and a pound of flesh to the local musicans union where i'm perfoming is it.. we don't pass the songs off as our own and give credit where it is do.. but according to the law you posted even being in a cover band is supposidly illegal

What happens is that the venue pays a fee to ASCAP not the band. The will base the fee upon the size of the crowd and they have some formula for deciding how they split up the $. They have staff that listens to the radio and they go over the play lists etc.

05-21-2006, 03:15 AM	#39
Rugda Join Date Oct 2005 Posts 348 Senior Member	Ultimate Guitar Tab's website Terms of Use policy Weeeelllll, there is another part that I left out. The next sentence is: In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. In your case the site is a commercial venture, see the ads. Just saying that it is for education doesn't make it so. I think that if ASCAP went seeking a fee they would have to pay it. It doesn't really make any difference that it is "ear" transcribed, the lyrics are also subject to copyright. Also, why would anyone buy my "official" tab when they can get yours for free. Therefore it has a great effect upon the potential market for my product. also.. in all the cover bands i've been with i've never once sent Cannibal Corpse a penny.. business license and a pound of flesh to the local musicans union where i'm perfoming is it.. we don't pass the songs off as our own and give credit where it is do.. but according to the law you posted even being in a cover band is supposidly illegal What happens is that the venue pays a fee to ASCAP not the band. The will base the fee upon the size of the crowd and they have some formula for deciding how they split up the $. They have staff that listens to the radio and they go over the play lists etc.
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