8 Replies Latest reply: Aug 27, 2013 12:54 PM by Chris CA
AppleMacCider Level 1 Level 1 (0 points)

Hi

 

A customer has asked me to edit some footage from camcorder tapes for her and put them on a DVD with some background music.  The tracks she has asked for she does not have and has asked me to get them for her.

 

As I am only producing a single DVD for her and will get the appropriate licence in the UK from the MCPS/PRS, can I purchase the music from iTunes or should I buy the CDs.

 

Thanks in advance

Matt


Mac Pro, OS X Mountain Lion (10.8.4)
  • 1. Re: Use iTunes music for customer DVD
    C F McBlob Level 4 Level 4 (2,865 points)

    Purchased is purchased, regardless if it's a track or a whole CD. As long as you have proof of purchase and license to use it, I'd think it's better from a financial standpoint to not purchase an entire CD if you're only using one or two tracks from it. Likewise, you'll have to digitally convert the CD, so buying the tracks from iTunes cuts out a step.

  • 2. Re: Use iTunes music for customer DVD
    varjak paw Level 10 Level 10 (169,765 points)

    You'll need to buy the CDs, or get your customer to purchase the tracks herself and give them to you. The terms of sale of the iTunes Store restrict any purchases you make to your own personal use only.


    Regards.

  • 3. Re: Use iTunes music for customer DVD
    varjak paw Level 10 Level 10 (169,765 points)

    Purchased is not purchased. Digital downloads have different licensing terms than music purchased on CD, even if a use license is otherwise obtained from the rights organizations. Music from the iTunes Store is, as I said below, licensed only for the user's personal use.

     

    Regards

  • 4. Re: Use iTunes music for customer DVD
    C F McBlob Level 4 Level 4 (2,865 points)

    So, if I understand you, I can buy a set of tracks from iTunes, burn them to a CD using another app, delete the purchased tracks from my Library and my hard drive, and then import them from the CD I burned, and AT THAT POINT the licensing terms for the music change because they are no longer "purchased from the iTunes store" as far as ANY technology can differentiate, but rather from a CD I own (regardless of how I came to own it)?

     

    Or are you saying that DRM remains intact throughout the entire process and I'm violating terms (or the law) if I lend a CD to someone that I burned from iTunes purchases?

     

    If not, I stand on my statement: Purchased IS purchased... at least it is in the U.S. according to the DMCA.

  • 5. Re: Use iTunes music for customer DVD
    AppleMacCider Level 1 Level 1 (0 points)

    Thanks to everyone for their quick replies.  I thought it would be the case even if in the UK that the music is for personal use only.  So, for my customer they need to own the CDs or iTunes track. 

     

    Editing footage in FCP X and producing a DVD would probably be better using a Music CD as the quality should be better.  However, the CD will have a load of tracks on it that they won't need, so buying individual tracks seems a better option.

     

    Thanks again

    Matt

  • 6. Re: Use iTunes music for customer DVD
    varjak paw Level 10 Level 10 (169,765 points)

    I can buy a set of tracks from iTunes, burn them to a CD using another app, delete the purchased tracks from my Library and my hard drive, and then import them from the CD I burned, and AT THAT POINT the licensing terms for the music change because they are no longer "purchased from the iTunes store" as far as ANY technology can differentiate, but rather from a CD I own (regardless of how I came to own it)?

     

    No, you cannot do that. The licensing you agree to when you purchase from the iTunes Store remains in effect regardless of how you are storing the tracks.

     

    Or are you saying that DRM remains intact throughout the entire process and I'm violating terms (or the law) if I lend a CD to someone that I burned from iTunes purchases?

     

    You are violating the terms of sale if you lend the CD to anyone else. You are also violating the law if you allow the person to keep the tracks.

     

    If not, I stand on my statement: Purchased IS purchased... at least it is in the U.S. according to the DMCA.

     

    Your statement is still wrong. You are contractually prohibited from using any content purchased from the iTunes Store for anything other than your own personal use. You can read the iTunes Store terms of sale for yourself (for the US, since you mention that country, but all the other stores have the same terms):

     

    http://www.apple.com/legal/internet-services/itunes/us/terms.html#SALE

     

    The DMCA does not come into play in this matter, this being an issue of licensing, not copyright or DRM.

     

    Regards.

  • 7. Re: Use iTunes music for customer DVD
    C F McBlob Level 4 Level 4 (2,865 points)

    Well, I sure hope a bunch of thugs from Cupertino don't come "a knockin' on my door" to tell me what I can or can't do with MY MUSIC.

  • 8. Re: Use iTunes music for customer DVD
    Chris CA Level 9 Level 9 (74,870 points)

    C F McBlob wrote:

     

    Well, I sure hope a bunch of thugs from Cupertino don't come "a knockin' on my door"

    It's not the "thugs from Cupertino" who would come "a knockin'.

    It is the copyright owners who would.

     

    to tell me what I can or can't do with MY MUSIC.

    It's not YOUR music. You simply have a license to use it (in accordance with the copyright, which gives you limited use and rights to copy)

    If it was YOUR music (you owned the copright), you could make copies and sell them as CF McBlob's Greatest Hits on iTunes, Amazon, Walmart, wherever.