The transcriptions (created by people) are always going to be seen as derivative works, unfortunately. It doesn't matter how closely it matches the recorded performance. But the fact that text-based tabs remained online (at least more so than transcriptions, powertabs, etc.) is likely because of the lower fidelity.
It's not just that the transcription is a (transformed) reproduction of the original piece. The record companies have the (exclusive) right to (sell) the transcriptions, sheet music, etc. of music they hold the rights to. They have that right, regardless of if they are actively or ever going to actually publish any.
I would guess a fair use defence would be feasible in the right case, but I'm not sure if that was ever tested in court. Most of the operators of tab websites were just people, they didn't stand a chance. If I remember correctly, Ultimate Guitar was/is one of the few sites that was big enough to negotiate with the MPA.
It's not just that the transcription is a (transformed) reproduction of the original piece. The record companies have the (exclusive) right to (sell) the transcriptions, sheet music, etc. of music they hold the rights to. They have that right, regardless of if they are actively or ever going to actually publish any.
I would guess a fair use defence would be feasible in the right case, but I'm not sure if that was ever tested in court. Most of the operators of tab websites were just people, they didn't stand a chance. If I remember correctly, Ultimate Guitar was/is one of the few sites that was big enough to negotiate with the MPA.