Jump to content

Recommended Posts

  • 10 months later...
Posted

This is what we recieved from LEA

 

Audit Services have provided the following advice regarding Spotify:

 

“We are aware that a number of schools allow Spotify (the music streaming service) to be installed and used on school computers, which includes laptops that have been issued to staff. Please note that the Spotify software licensing conditions do not allow it to be installed or used on school computers.

 

The instructions on the Spotify website are as follows:

 

Can I use Spotify to play music in my bar, restaurant, store, school etc?

No, the Terms & Conditions that you agree to when registering for Spotify states that Spotify is for personal, non-commercial use.

 

Please be aware that if schools are found to be in breach of software licensing conditions they are at risk of financial penalties from the software vendor.”

  • 1 year later...
Posted
Dredging this one, but it has reared its head again at my new school. I know that the licence says "personal, non-commercial" and that support say it can't be used in schools, BUT... the same also applies to DVDs of films/TV shows/etc, which as we know are permitted if used as part of the curriculum (i.e. show a film for Media Studies but not wet lunchtimes). Surely the same would apply to Spotify...
Posted (edited)
BUT... the same also applies to DVDs of films/TV shows/etc, which as we know are permitted if used as part of the curriculum (i.e. show a film for Media Studies but not wet lunchtimes). Surely the same would apply to Spotify...

 

You're allowed to do that with DVDs for curriculum purposes because of because of specific exceptions in the Copyright, Designs and Patents Act 1998. These are exceptions to copyright law, not to contractual terms, which is what the Spotify restrictions are.

 

Basically, if you use Spotify in schools it is not a copyright violation (due to the exceptions above) but IS a violation of contract law.

Edited by AngryTechnician
Missed that we were talking specifically about curriculum use
  • Thanks 1
Posted (edited)
Dredging this one, but it has reared its head again at my new school. I know that the licence says "personal, non-commercial" and that support say it can't be used in schools, BUT... the same also applies to DVDs of films/TV shows/etc, which as we know are permitted if used as part of the curriculum (i.e. show a film for Media Studies but not wet lunchtimes). Surely the same would apply to Spotify...

Why? DVDs have their T&Cs and MPLC licence conditions, Spotify have theirs. I can't see why one would effect the other?

 

Spotify are very clear in their T&Cs and I can't see that anything has changed since this was last discussed.

Edited by sparkeh
  • 1 year later...
Posted
If the material is played as part of the curriculum within a lesson environment then it is Copyright exempt from the public performances etc.. However the company reserves the right to request you not to use their software as part of this.
  • 8 months later...
Posted (edited)

I take it there's been no change to the general topic of streaming music/video in schools. We're increasingly getting departments and staff are asking for subscriptions to the likes of Spotify, Apple Music, Netflix as part of their IT expenditure. Has any of this legislation changed or do any of those services offer, or plan to offer, any kind of schools/corporate subscriptions to their services?

 

Would I be right thinking that our PRS licence covers us to play back the content in class but the T&C's of the service prohibits this in most cases? The thing is staff have been using pre-recorded videos/DVD's in school for decades now and if you read the T&C's on them playback is nearly always prohibited in public places or any other environment than personal home use? If we're allowed to use DVD's are we then by the same token allowed to use streaming media in class? Or is it one of those grey areas where it's tolerated rather than actually permitted?

 

I'm finding that staff are staff are increasingly just going and using their own personal services in class anyway so it would probably be in the interests of streaming companies to try and offer something to schools!

 

What's everyone else on here doing when school staff ask for access to these services?

Edited by flyinghaggis
Posted

Spotify is still "personal, non-commercial use" so the same applies to that as always has. I have just had a quick look at Amazon Prime Music and can't find any Ts&Cs - does that make it okay to use?!

 

As for the DVD question, see @AngryTechnician's post at #31 in this thread.

Posted (edited)

As for the DVD question, see @AngryTechnician's post at #31 in this thread.

 

That's what I'm perhaps not understanding. Say I have a DVD which states in it's T&Cs of use that it can't be played in public and is limited to personal use but the exemptions to copyright apply in that instance to supersede them. However, presumably the T&C's on the disc form a contractual agreement which the school would be in breach of as they would with Netflix/etc?

 

Why is the pre-recorded DVD be different to Netflix/Amazon Prime in that instance?

Edited by flyinghaggis
Posted
That's what I'm perhaps not understanding. Say I have a DVD which states in it's T&Cs of use that it can't be played in public and is limited to personal use but the exemptions to copyright apply in that instance to supersede them. However, presumably the T&C's on the disc form a contractual agreement which the school would be in breach of as they would with Netflix/etc?

 

Why is the pre-recorded DVD be different to Netflix/Amazon Prime in that instance?

The DVD is stating copyright law. There are exemptions to copyright law based on the context that the material is being shown in.

 

With Netflix, Spotify etc you are agreeing to a contract that states that its for personal use only. The exemptions don't apply.

  • Thanks 1
Posted
We allow Staff and Year 10 and up to stream Spotify using the Web player. This decision was made in an attempt to stop kids downloading illegal mp3, or bringing them in from home. We have zero tolerance for this, but also realise that people want to listen to music as they work.
  • Thanks 1
Posted (edited)
The DVD is stating copyright law. There are exemptions to copyright law based on the context that the material is being shown in.

 

With Netflix, Spotify etc you are agreeing to a contract that states that its for personal use only. The exemptions don't apply.

 

Thanks for clarifying. I was under the impression that the wording on the DVD about personal use was specific contract giving you the right to use it at home rather than a statement of copyright law. I'll let the powers that be know they can decide how to proceed.

Edited by flyinghaggis
Posted
We allow Staff and Year 10 and up to stream Spotify using the Web player. This decision was made in an attempt to stop kids downloading illegal mp3, or bringing them in from home. We have zero tolerance for this, but also realise that people want to listen to music as they work.

Well that's interesting, because is that personal use and allowed. Or not?

They aren't broadcasting to a classroom...

Posted
Well that's interesting, because is that personal use and allowed. Or not?

They aren't broadcasting to a classroom...

 

With this setup, each user (pupil or staff) needs their own personal account to login to Spotify. We chose Spotify specifically because pupils could use it with a free account, rather than choosing another streaming service where users would need a paid account. The pupils love this...

Posted (edited)
Well that's interesting, because is that personal use and allowed. Or not?

They aren't broadcasting to a classroom...

 

Sounds like personal use to me (unless their headphones are at typical teenager volume of course, when it probably counts as a public performance!). We have a "no music in lessons" policy, so it doesn't matter here though.

Edited by enjay
Posted
We allow Staff and Year 10 and up to stream Spotify using the Web player. This decision was made in an attempt to stop kids downloading illegal mp3, or bringing them in from home. We have zero tolerance for this, but also realise that people want to listen to music as they work.

 

@altecsole How do you enforce your zero tolerance on illegal MP3s?

Posted
@altecsole How do you enforce your zero tolerance on illegal MP3s?

 

With difficulty. When we decided that we'd allow Spotify we emailed students to tell them, and asked them to remove any music files they had stored in their home folders. We left it for a couple of weeks and then did a quick search for MP3 and had the worst offenders in for a chat. The word soon got round and the majority of files have been removed by pupils. There is always the threat that we can remove Spotify if people don't adhere to the rules.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



×
×
  • Create New...