Is the use of default sound tracks provided with the iPhoto slidshow application considered fair use?

Is the use of default sound tracks provided with the iPhoto slidshow application considered fair use?
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1 Answer

Answer :

answer:From Apple’s iLife Software License Agreement (pdf link): “You may use the Apple ant third party audio content… on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however…” no distributing the sound files on their own blah blah blah. I don’t know what “violating copyright restrictions” means, but it appears to me that Apple has licensed the clip to you, and fair use has nothing to do with the situation. You either infringe on someone’s copyright, or don’t. Google has (correctly) identified the sound clip as copyrighted, and (incorrectly) blocked it on grounds that your use was infringing. Usually, with these sorts of notices, there’s an option to dispute the infringement and get your clip re-instated. Note that I’m not a lawyer, I’m certainly not your lawyer, and I’m not giving you legal advice — this is just information about copyright from someone who did reasonably well in his copyright class in law school.
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