Can I distribute my iPhoto slideshow using the iPhoto theme music selection in iPhoto to Facebook or would that be copyright infringement?
iPhoto '11
The iLife terms of service state that you may use Apple and third party supplied soundtracks in your videos and distribute and broadcast as part of that video royalty free. You may still have to defend it, however. I just submitted an appeal to YouTube for a video using iPhoto background music claiming infringement.
Yes. Your problem is convincing Facebook.
My video was reinstated on Youtube. My guess is they have sniffers for copyrighted music content, but no way of determining if it's part of a iphoto theme. So they'll take it off unless the uploader appeals. Might be a pain in the neck if that happens every time....
That's the first time I've heard of that happening... well done.
Well my victory was short-lived. Youtube said my appeal was rejected by Beggars and EMI (the copyright holders for the song Incident at Gate 7, the background song for the "Reflections" slideshow theme). A closer look at the terms and conditions for Ilife '11, the Garageband loops can be reused, but under Iphoto, it says the themes and background music are for personal use only. What I did and what Ralphy Boy wants to do is reasonable and implied by Apple as typical in their advertising ("Editing movies, making slideshows and sharing them online, couldn't be easier"), however now I must hunt around for royalty-free background music to put on my slideshow, so I can share it with family members. Pretty lame situation.
This question comes up from time to time. YouTube and Facebook are both wrong.
There are a number of con-men who think that they can earn a quick buck from claiming that they own the copyright to Apple’s royalty-free jingles and sound effects included with the iLife applications. These are all free to use, as clearly stated in section 2.C of the iLife Software License Agreement:
“You may use the Apple and third party audio content (“Audio Content”) contained in or otherwise included with the Apple software, on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual samples, sound sets, or audio content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds.”
http://images.apple.com/legal/sla/docs/ilife09.pdf
You should this (also providing the above link) when following the dispute process with YouTube.
The problem is they changed the SLA with iLife '11, which is the release that added the Reflections theme (and music). The link http://images.apple.com/legal/sla/docs/iLife11.pdf shows the following in paragraph 2.G.iv
"The slideshow graphics, music and themes included with iPhoto are only for personal, non-commercial use in slideshows you create using iPhoto. "
Pretty lame that Apple didn't secure unrestricted rights for its customers or use music that they already had rights for. Their artistic folks do a nice job with the themes. Too bad the legal department dropped the ball. Apple certainly has the resources. It's a minefield out there trying to find royalty free music. Many different kinds of licenses (some you have to credit the artists, some you have to pay, etc...).
Youtube was an easy way to distribute home videos and slideshows to family and friends -- time to explore NAS-based personal sharing. Anyone heard of Synology?
What reason for dispute did you use? I am having the same issue with youtube.
I didn't dispute it with Facebook because they told me my account would be terminated if it wasn't removed so I took it down and reposted my slideshow without music. Facebook did give me a warning, they said if it happens again my account will be terminated, I did do it again by accident but I caught it before they saw it. I then discovered in YouTube you can search and use royalty free music, just go to the editing section, select a song and you should be on your way. Try that and see what happens snogger6, good luck.
Was totally unaware of this possiblity until Facebook just pulled my slideshow using Randy Newman's 'You've Got A Friend In Me' tune.
It took them only a few minutes to send notice of my infraction.
Sorry. I'm a little late in getting back to this subject. Thank you for your reply!
Can I distribute my iPhoto slideshow using the iPhoto theme music selection to Facebook or would that be copyright infringement?
