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4 Okla. J.L. & Tech. 1 (2009)

handle is hein.journals/okjolt4 and id is 1 raw text is: 4 OKLA. J.L. & Tech. 41 (2009) www oki otorg Abstract: Krist Caldwell is a J.D. Candidate at The University of Oklahoma College of Law as part of the Class of 2008. Below, Mr. Caldwell examines the potential copyright infringement of internet tablature. After brief overviews of music theory, guitar tablature, and copyright law, Mr. Caldwell analyzes both internet tablature reproduced from existing tablature booklets and internet tablature created by ear. Mr. Caldwell concludes not only that internet tablature most likely infringes on copyrights but also that limiting the free sharing of internet tablature hinders an age-old tradition of learning among musicians. The author sincerely thanks: his editor, Ami Decker, for going above and beyond; Roger McGuinn, for all the years of musical inspiration; and the author's family, for their unwavering support. THREE CHORDS AND THE TRUTH: ANALYZING COPYRIGHT INFRINGEMENT CLAIMS AGAINST GUITAR TABLATURE WEBSITES @ 2008 Krist Caldwell I. Introduction It's 3 a.m. Monday morning, his parents are away, and all fourteen year old Gene McGuinn wants to do is meet for a garage jam with his heavy metal band Satan's Toenail. McGuinn's band is preparing for their first gig at a community talent show hosted by the local Southern Baptist church. However, the band has a small problem: They do not know any songs. Having heard that Deep Purple's Smoke on the Water' is a song readably playable for most beginning musicians; McGuinn runs inside his home and logs onto his favorite guitar tablature website: Mega Shred Death Metal Guitar Tablature Online.2 But something is amiss. I Deep Purple, Smoke on the Water, on MACHINE HEAD (Warner Bros. 1972). 2 Mega Shred Death Metal Guitar Tablature Online is a purely fictional website, to the fullest extent of the author's knowledge. 1

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