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Help with Spotify and Deezer Music Services

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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

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?


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.


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