The following is a link to the Terms of sale for iTunes on Apple's Support
site.
http://www.apple.com/legal/itunes/uk/terms.html#SALE
Where in it says: "The iTunes Store sells and rents (as applicable)
Products to end user customers only."
Further more the Terms of Service and Conditions state
(http://www.apple.com/legal/itunes/uk/terms.html#SERVICE):
"(vii) You shall be entitled to export, burn (if applicable) or copy (if
applicable) Products solely for personal, noncommercial use.
(viii) You may not use Products as a musical "ringer" in connection with
phone calls.
(ix) Any burning (if applicable) or exporting capabilities are solely an
accommodation to you and shall not constitute a grant or waiver (or other
limitation or implication) of any rights of the copyright owners in any
audio or video content, sound recording, underlying musical composition,
or artwork embodied in any Product. You may use the audio CD to which you
have burned your Products in the same ways in which you may use an audio
CD purchased from a retail store, subject to UK copyright laws.
(x) You agree that you will not attempt to, or encourage or assist any
other person to, circumvent or modify any security technology or software
that is part of the Service or used to administer the Usage Rules, or
interfere with, remove or alter any rights management information on the
Products.
(xi) The delivery of Products does not transfer to you any commercial or
promotional use rights in the Products."
I bolded what I feel are the main points. I'm not a copyright lawyer but
it seems to be saying that you do not have the right to re-distribute
products that you get from iTunes and you have to get in touch with the
copyright owner for permission.
Heather Marie
Heather Marie Wells
Collections Assistant/Podcast Producer
Shiloh Museum of Ozark History
118 W. Johnson Ave.
Springdale, AR 72764
Phone: (479) 750-8165
Fax: (479) 750-8693
http://www.springdalear.gov/shiloh/
-----Original Message-----
From: Peter Gale [mailto:[log in to unmask]]
Sent: Wednesday, March 11, 2009 9:22 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] itunes terms of usage in audio tour for museums
Shirri, the short segment that you refer to in your Guide-by-Cell program
seems to have other components that you've cleared or are free to use. For
the sake of time, can you omit the itunes portions, for the time being at
least, get your program out there (maybe you have already?), and then
pursue itunes? You may find that there are other things to deal with or
change once the program has been in use for awhile, when you can put in
the itunes segments as well, if you are able to do so. I've avoided using
itunes in public programs for reasons similar to the ones you face. But
you may be able to get an answer, in time. But don't let that time factor
delay the program!
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