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Hi John,
Since you are a Spotify guru, I thought you might know the answer to this question: Spotify says their music is for non-commercial use and that you can't use it to play at even a school. I haven't found anything from Spotify mentioning that it isn't allowed in fitness classes, and I know a LOT of people (including myself) who love to use it. Any thoughts?
This is from Spotify's page:
Can I use Spotify to play music in my bar, restaurant, store, school
etc?<https://support.spotify.com/us/learn-more/faq/#!/article/public-usage>ANSWER:
No, the Terms &
Conditions<http://www.spotify.com/se/legal/end-user-agreement/> that
you agree to when registering for Spotify state that Spotify is for
personal, non-commercial use.
We discussed this exact concern two years ago when we were just getting our feet wet with Spotify.
While researching this post: Teaching In a world where nothing is permitted I discovered that all of the music delivery methods we use have similar restrictions:
Before I got too excited, I decided to check what other Terms and Conditions I have agreed to — who reads those things anyway? It turns out that every music service or music software I use is restricted to Personal Use Only. Let”™s go down the list:
- iTunes has a similar restriction — (i) You shall be authorized to use iTunes Products only for personal, noncommercial use.
- Windows Media Player from Microsoft — Unless otherwise specified, the Services are for your personal and non-commercial use.
- My copy of MixMeister Express (no link) says: You may only use the MixMeister Software for Your private, non-commercial use.
You can add Deezer to that list:
The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
So am I screwed? Do I need to learn how to perform as a one-man-band?
No
Are you prevented from using Spotify, iTunes, Windows Media Player or MixMeister to produce and deliver music for your class tomorrow?
I”™m not an Attorney, so that”™s going to be your choice. I certainly don”™t want to be advocating you do something that”™s potentially in conflict with something you have agreed not to do… but I personally don”™t see this as comparable with using music that”™s been illegally downloaded in some fashion. Actually just the opposite.
You”™ve heard me state on this recent Podcast about music licensing that; as a content creator, I”™m very much against the distribution of copyrighted materials without due compensation given to the creators.
My feeling is that as long as the studio is properly licensed for playing music, this won”™t be seen as much of an issue. Music labels are already dealing with the enormous amount of illegal file sharing that happens every day. iTunes changed how many people acquired music by creating a service that”™s so convenient (and secure) that millions of people would rather pay a $0.99 than waste their time going elsewhere.Like iTunes, I believe that Spotify can actually reduce the amount of sharing that ends in no revenue for the record labels by offering a convenient method of finding and accessing music.That said, I want to offer this disclaimer: Links to Spotify playlists you find here are intended for your personal use only.
What do you think about this?
Do you have a question or problem we can help with? If so, please let us know and we'll do our best to answer it for you.
Originally posted 2013-10-15 05:09:37.
John is a member on the AFS (Association of Fitness Studios) Advisory Council.
Holding certifications from; Schwinn, Heart Zones, Team ICG and Life Time Fitness, John's held regularly scheduled cycling classes between 1998 and 2015 when he moved to Florida.
When the weather permits, you'll find him riding and leading outdoor groups by himself or with his Tandem partner (wife) Amy.
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This is rubbish! The whole copyright law is rubbish. It needs some serious updating to catch up with reality. We are not distributing music for free. We are not profiting from playing their songs (have you seen how much we can make in a month by solely teaching spin?)
Needless to say that I legally acquired every song I play on my classes.
The way I see this is that we are propagating the artist’s work to 30+ people per session. If nothing else, we should be compensated for our effort in advertising their work.
I get people asking about song names at least once a week. Should I charge the artist for my endorsement?
Agreed Alan – my guess is that’s added to placate the Labels.
I do understand their point; someone is making $$ by using music. It may not be you, but the club/studio isn’t offering your class for free. That’s where my comment about if your club is paying the licensing fees.
K, I’m not a lawyer, but I was always under the impression that Group Fit Instructors were covered under the Gym’s ASCAP and BMI licenses. Spotify and iTunes have to put the “personal use only” clauses in their usage agreements to keep their own licensing fees down. ACSAP and BMI don’t care what vehicle you use to play the music, so as long as your club pays public performance rights to ASCAP and BMI, it shouldn’t be an issue. Now, if you are a lone ranger and teach out of your basement or your semi truck, you might have a legal issue on your hands. Fortunately, ASCAP and BMI fees are reasonable and take your income into account when determining what you will have to pay. This link might be helpful: http://entertainment.howstuffworks.com/music-licensing3.htm