can I legally dj with purchased itunes music in public?

Question

Level 1

9 points

can I legally dj with purchased itunes music in public?

Hi I am a dj in Brisbane and use only legally bought music on cds and records. I want to start purchasing music from itunes music store but only I their user agreement will allow for public playing. I Have read some of the itunes agreement but not all, and can't really work it out. Also all the clubs I play at have an APRA license allowing their djs to play purchased music. So how would buying a cd from a shop or buying a downloaded track differ to APRA. Wouldn't it all be the same deal if there is at all a difference? ps i hate apra and don't agree with there stupid policies.... djs play music to the public which in turn make them want to go and buy the songs... just putting it out there hehe...thanks

MacBook Pro (uni body), Mac OS X (10.5.6), 2.8ghz

Posted on Jan 24, 2009 1:49 AM

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Answer 1

Jan 24, 2009 2:26 AM in response to zanda

The iTunes Store Terms of Use is here: http://www.apple.com/legal/itunes/au/terms.html#SERVICE

Paragraph 10 covers usage rules including this: (ii) You shall be authorised to use the Products only for personal, noncommercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.
For details of your rights and restrictions on your rights to use the Products, see:
http://www.copyright.org.au/ or
http://www.ipaustralia.gov.au/ip/copyright.shtml or
http://www.copyright.asn.au/

Not real clear is it? If your clubs have a license, maybe their legal reps can interpret it for you.

Good luck.

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Answer 2

zanda Author

Level 1

9 points

Jan 27, 2009 3:39 AM in response to zanda

hi i found this text in the terms and conditions

(xii) iTunes Plus Products do not contain security technology that limits your usage of such Products, and Usage Rules (iii) – (vi) do im not apply to iTunes Plus Products. You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.
pretty sure this means that if we buy music from the itunes plus store we are aloud to use it for such things as in store background music and djing type things... what does everyone else think..

also i haven't gotten around to calling apra in brisbane yet..

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Answer 3

turingtest2

Level 10

278,537 points

Jan 27, 2009 5:51 AM in response to zanda

{snip} You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.
pretty sure this means that if we buy music from the itunes plus store we are aloud to use it for such things as in store background music and djing type things... what does everyone else think..

I'm pretty sure that means you are not allowed to use the music as a DJ or for in-store backgroud music, at least not without obtaining separate permission, for a fee, from the copyright holder. In the UK this is often achieved via the Perfoming Rights Society PRS which licenses commercial playing of music in clubs, stores and on radio. I assume APRA is the Australian equivalent... The same restrictions on commercial reproduction will apply regardless of the source or format in which you obtain your music with the minor exception of "royalty-free" music that is sold with explict permission to play in-store without further royalites - the reason why some stores have horrible muzak playing in them.

tt2

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Answer 4

varjak paw

Level 10

182,768 points

Jan 27, 2009 7:01 AM in response to zanda

you may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.
pretty sure this means that if we buy music from the itunes plus store we are aloud to use it for such things as in store background music and djing type things.

No. Using tracks for store background and DJ gigs is most definitely not personal use by any measure whatsoever. "Personal use" means just that; your own personal listening. You are not licensed to use tracks from the iTunes Store (or any download store I am aware of) in any sort of public setting.

In the US, even having a performance license from the various rights licensing organizations - necessary for any public performance of any work to which you don't own the copyright or haven't been given explicit rights to public use, regardless of the source of the music - doesn't override that contractual arrangement. I don't know whether that applies in Australia or not.

So I would say that, in absence of a definitive, written statement from Apple or the APRA, you should assume that you cannot use any tracks purchased from the iTunes Store in your DJ gigs.

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Answer 5

zanda Author

Level 1

9 points

Jan 27, 2009 3:10 PM in response to zanda

hey thanks for your helps, i just think its quite funny that if I buy that hard copy of a cd or record, with the right licence from APRA I am allowed to play these songs in public. There are even dj download websites such as dj download or beatport that allow people to purchase music and play just like a CD (in public). The situation for me is quite frustration because I think it would make my job as a dj so much easier if I could use the itunes plus music store as my main source of music. Saying this Im sure there are probably plenty of people who dont abide by the terms of use, or even illegally download the songs from like limewire to dj with. But me on the other hand like to do everything by the book to avoid ever being sued for copyright infringements..... I thing it would be sooo great if some how itunes looked into the fact that alot of people want to use there music in there businesses and helped accommodate for that. 🙂

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Answer 6

varjak paw

Level 10

182,768 points

Jan 29, 2009 8:13 AM in response to zanda

just think its quite funny that if I buy that hard copy of a cd or record, with the right licence from APRA I am allowed to play these songs in public.

The record companies are putting much higher restrictions on download stores than they do, or can, for CD sales.

There are even dj download websites such as dj download or beatport that allow people to purchase music and play just like a CD (in public).

These sites seem to host music from indie producers, not the major labels. Indies are almost always less restrictive than the majors are willing to be.

thing it would be sooo great if some how itunes looked into the fact that alot of people want to use there music in there businesses and helped accommodate for that.

Again, it's almost certainly by demand of the record labels. All legal download stores with major-label content - at least all whose terms I've read - have similar prohibitions against commercial use. If I had to guess, I'd say that the labels don't want commercial entities "cherry picking" only the popular songs for use in public settings but rather want to force a sale of the entire CD.

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Answer 7

zanda Author

Level 1

9 points

Jan 24, 2009 8:37 AM in response to Jim VanLeeuwen

hey yeah i agree its not real clear but ill do a bit more research... i call apra in brisbane on monday an d see what they think.. ill keep everyone posted.

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