sparkeh Posted June 4, 2009 Posted June 4, 2009 So the inevitable has happened and people are asking about Spotify. I had a gander at the licence and there are a couple of things I am not sure/happy about. Spotify grants you a limited, non-exclusive, revocable license to make personal non-commercial use Does this immediately rule schools out? Spotify has a right to allow the Spotify Software Application and the Spotify Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Spotify Software Application and the Spotify Service, and to facilitate the operation of the network on which the Spotify Software Application and the Spotify Service runs. Does this mean that Spotify is basically using our resources to for the benefit the Spotify network as a whole and deliver ads and such like to other users of the service?
powdarrmonkey Posted June 4, 2009 Posted June 4, 2009 So the inevitable has happened and people are asking about Spotify. I had a gander at the licence and there are a couple of things I am not sure/happy about. Does this immediately rule schools out? I am not a lawyer, but that's how I read this. Does this mean that Spotify is basically using our resources to for the benefit the Spotify network as a whole and deliver ads and such like to other users of the service? I believe it builds effectively a P2P mesh between users, to make it generally better for everybody. Of course, that means you sacrifice some upload throughput to it.
enjay Posted June 4, 2009 Posted June 4, 2009 Can I ask where you're quoting that from? I can't find it...
enjay Posted June 4, 2009 Posted June 4, 2009 Thanks. It does say personal non-commercial use, which could be taken to include educational/charitable non-commercial use too. Or it might not! Another issue I've just found with Spotify is that it seems to fail login once a newer version has been released, which would be annoying (if not prohibitive) in our environment...
Domino Posted June 4, 2009 Posted June 4, 2009 I'd say you'd be questionable at best. the original quoted text, in line with For the avoidance of doubt, you agree that you may not (without limitation): copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Spotify Software Application or the Spotify Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement; makes it seem its for explicit personal use only. and of course, you'd need the relevant PRS licences in any case...
enjay Posted June 4, 2009 Posted June 4, 2009 We have the necessary licences already anyway. I do take your point about the clause preventing use not explicitly permitted though. Looks like I should remove this application from my list then. Shame.
rogerblue Posted July 7, 2009 Posted July 7, 2009 it's peer to peer networking really and even if it wasn't will weigh heavily on your network traffic, teachers seem obsessed with playing music for the kids at any oportunity, except when ofsted are in (funny that) and spotify don't work on the YHGfL connection.
flyinghaggis Posted March 10, 2011 Posted March 10, 2011 (edited) Just had one of our staff asking about it but it looks like as far as Spotify themselves are concerned the service is only for personal use :- Can I use Spotify to play music in my bar, restaurant, store, school etc? - Spotify "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. -------------------------------------------------------------------------------- " Edited March 10, 2011 by flyinghaggis
RobFuller Posted March 10, 2011 Posted March 10, 2011 Grooveshark - Listen to Free Music Online - Internet Radio - Free MP3 Streaming alternative?
powdarrmonkey Posted March 10, 2011 Posted March 10, 2011 Grooveshark - Listen to Free Music Online - Internet Radio - Free MP3 Streaming alternative? No. http://grooveshark.com/terms: EMG grants you a limited license to access and make personal use of the Service.
flyinghaggis Posted March 10, 2011 Posted March 10, 2011 (edited) In fact YouTube, We7, etc all pretty much state that their service is for "personal non-commerial use". Sounds like we'd be breaking the law for accessing and using pretty much and streaming media website in school? Edited March 10, 2011 by flyinghaggis
flyinghaggis Posted March 10, 2011 Posted March 10, 2011 "Non-commercial" doesn't prohibit use in schools. Possibly but but playing back a video/audio clip to a classroom full of pupils definitely isn't going to be covered by "personal use"!
powdarrmonkey Posted March 10, 2011 Posted March 10, 2011 "Non-commercial" doesn't prohibit use in schools. "Personal" does.
enjay Posted March 10, 2011 Posted March 10, 2011 Thank you both, but I wasn't talking about "personal", simply "non-commercial". And if YouTube really does say personal, non-commercial (not checked it) then there are lots of Naughty Companies out there!
russdev Posted March 10, 2011 Posted March 10, 2011 Well this is what rm say about it all: Why we do not have an RM Package Blueprint for Spotify Why we do not have an RM Package Blueprint for Spotify Published Date : 20 Oct 2010 Content Ref: NWS1762489 Operating System (none) Part No (none) Summary Important information regarding licence restrictions for the music streaming software Spotify. What is Spotify? Spotify® is a proprietary peer-to-peer music streaming service and application software. It allows instant listening to specific tracks or albums with virtually no buffering delay. Music can also be imported from either iTunes or directly from the local files. Playing music in schools Many schools are using music to enhance the different aspects of teaching and learning, and a few have requested use of websites such as Spotify to download copyrighted music for use in class. It is generally ok to play any music in the school, if it is part of the curriculum (see Copyright, Designs and Patents Act 1988 section 34). However, if it is non-curricular, for example background music played by the teacher in a lesson, a school radio station or an assembly/event where parents are present, then you need to be licensed by both PRS and PPL. PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use of recorded and live music in public performances. If the recorded music is audible in a public space at your institution, you would need both. The licence is usually purchased by the local authority for the schools. Spotify Restrictions Spotify cannot be used for public performances even if a normal public performance licence has been paid for. Playing music through speakers, using Spotify, to a classroom will constitute as a public performance. Spotify passwords should not be shared. The school may install Spotify on its computers. A student or a staff member may create an account as a private individual and login to that account from anywhere. However, the school should not create accounts for the students or staff members. For more information, please refer to the End User Licence Agreement for Spotify at the link below: Terms and Conditions of Use - Spotify
powdarrmonkey Posted March 10, 2011 Posted March 10, 2011 Thank you both, but I wasn't talking about "personal", simply "non-commercial". Uh?? So "personal non-commercial" doesn't include "personal"?
somabc Posted March 10, 2011 Posted March 10, 2011 You should ask spotify I bet they would want the good publicity of allowing it in schools but it really depends on on the licence terms they sign with the record company.
enjay Posted March 10, 2011 Posted March 10, 2011 Oh for pity's sake people! Yes of course "personal non-commercial" includes personal, but "non-commercial" (as some products are licensed) doesn't. If it says personal it means personal; if it says non-commercial, it means non-commercial; if it says both, it means both. Seriously, how is this so difficult to understand?!
enjay Posted March 10, 2011 Posted March 10, 2011 I would second what somabc says - speak to the company in question. I've contacted companies in the past and agreed specific terms of use with them, so it is always worth asking.
powdarrmonkey Posted March 10, 2011 Posted March 10, 2011 (edited) Both services discussed in this thread use the words "personal non-commercial". It is not helpful to anybody reading this thread to muddy the very clear license terms by discussing how schools are non-commercial. Schools who do not make the distinction are in danger of breaking the law*. * not legal advice Edited March 10, 2011 by powdarrmonkey
enjay Posted March 10, 2011 Posted March 10, 2011 Indeed. I was speaking more generally about the term "non-commercial" not with reference to Spotify. Spotify says "personal non-commercial", the meaning of which is very clear. I would still encourage those who want it to contact Spotify and ask for an educational licence, mind you - if you don't ask, you don't get... But until the say "yes", it is a "no".
Arthur Posted March 21, 2011 Posted March 21, 2011 (edited) If you read their T&Cs, every streaming music service is the same. GrooveShark: http://grooveshark.com/terms Last.fm: http://www.last.fm/legal/terms Napster: http://sms.gb.napster.com/info/terms.html We7: http://www.we7.com/#/legal/ Edited March 21, 2011 by Arthur
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