Using copyright music on slideshows

'Is it legal', 'can I do this' type questions and discussions.
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Using copyright music on slideshows

Post by lucyshandbag »

I am thinking about selling personalised photo slideshows, created by myself, to people using their photos and a song of their choice. If I purchase the song from Apple Music on the buyers behalf, can I use it on the slideshow without breaking any copyright laws or would I need permission from the record label? The slideshow would be put onto a flash drive and sent to the buyer for their own personal use, I could even delete the song from my library after using it on the slideshow, I would technically just be buying it on behalf of someone and putting it on a flash drive for them. Would this be legal?
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Re: Using copyright music on slideshows

Post by AndyJ »

Hi lucyshandbag,

Even though you would not ultimately retain a copy of the song you would need to copy it, firstly onto your own device and then onto the USB stick, and all of that would be done as a commercial business. Therefore tthe standard Apple licence would not be sufficient as it is designed just for personal downloads. You need to look into getting a limited production licence through PRSforMusic. This works in much the same way as photographers use music for wedding videos.

I am not certain, but I am fairly sure that Apple does not have the authoritty issue similar licences as it is itself a licensee of the big music labels, and is only licensed to sell streams and downloads for personal use.

An alternative approach might be for your client to select and download the music from Apple onto a USB stick or flash drive which they then give to you for you to add the slideshow. That would obviate the need for you to copy the music track which is the problem area. Technically you will be making a temporary copy as you sync the music to the slideshow but I think this would be covered by the fair dealing exception in section 28A of the Copyright Designs and Patents Act 1988.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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