Facebook keeps removing iMovie Video due to soundtrack copyright

This question comes up from time to time. Facebook are 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 quote this (also providing the above link) when following the dispute process with Facebook.

Hi,

The answer is that the area of digital rights and copyright is a quagmire.

You can read the current license applicable to your version of iMovie by opening iMovie and clicking on iMovie/About iMovie/License agreement. You can decide for yourself, or consult a lawyer about, what your rights are to publish on social media your movies that contain audio and video provided by the iMovie software. Paragraphs 2F and 2G appear to be the most relevant ones.

Paragraph 2G states in part: "Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis in your own video projects but may not be distributed on a standalone basis."

I would think that "Sample Content" includes all those items listed under the Audio/Sound Effects tab, the jingles, etc, but that's just my personal non-legal opinion. The agreement doesn't define "Sample Content".

You Tube will advise you of copyright claims that are made regarding use of music in your video. Sometimes the claimant will consent to unrestricted use. But publishing on You Tube will not allow you to "get around" any license violation, if any exists.

As I said . . . it is a quagmire.

-- Rich

Sounds like this is an isssue to take up with the folks at Facebook.

However, loading it from YouTube should work, so your solution is probably the easiest route to take.