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
Answered
  • 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.

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