Harrisonburg, VA asked in Copyright and Intellectual Property for Virginia

Q: if a member of Apple Music/Spotify puts music on a photo and shares it across apps is that illegal?

I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.

1 Lawyer Answer
Barbara Berschler
Barbara Berschler
  • Intellectual Property Lawyer
  • Rockville, MD

A: It mostly boils down to what are permitted uses of the music based on the licenses issued by Apple Music/Spotify. It would be important to check the Terms of Use/licenses granted to the members. The licenses may not extend to letting members add the licensed music to another application. Best to work with an IP attorney who can help you think through the various issues your project entails.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.