Copyright Question

Is this fair use?

[seamus]

I run have a subscription based community site catering to musicians who play a specific wind instrument. The musicians record themselves playing songs and upload their renditions to the site. They also upload tablature (not sheet music) to help other members learn to play the songs.

In the beginning I had instructed members not to do renditions of copyrighted work, just work that was in the public domain. But as things happen, people want to learn and teach more popular songs so it has resulted in members uploading their renditions of Elvis, Beatles, Dylan songs etc.

Any advice would be appreciated.

[Feydakin]

There have countless threats of legal actions when it comes to guitar tabs.. I can imagine the same happening here.. Many tab sites post a disclaimer with every tab, but I have no idea how effective that might be..

[seamus]

Thanks Feydakin,
I have heard about some of the controversy in regard to guitar tab. The tabs in question are not guitar tabs. But I can understand there being a similar issue. They look quite obscure and have no musical timing associated with them. Something like this.

-3 -3b -2 -3 -3b -2 4
-3 -3b -2 -3 -3b -2 -1
-3 -3 b -2 -3 -3b -2 4

Might it be a bigger issue, that the members are uploading sound recordings of themselves playing the songs?

[BigDave]

Tabs are derivative works, and the recordings are definately not okay.

What you can probably do is have a strict policy against infringement, and put up a contact email address for any rights holder to contact you to report any infringment. It will not remove all possibilty of getting sued, but it will greatly reduce it.