In the end, yes Apple has to charge fee (because they have so many deals with so many companies and they don't want to upset them). ![]() Of course this has been talked about many times here so we are all just restating the same arguments back and forth. If they gave it free, they will still have to pay fee to copyright holder and thus lose money. ![]() So they just make the same profit just as they did off the song. They just don’t have to negotiate additional fees, or face the prospect that the copyright holders will withhold rights pending exorbitant royalties.+Īpple still has to pay license fee, they just don't have to negootiate new fee. They still owe the standard, statutory royalty to the composers or other copyright holders on the song for each ringtone sold, just as they do for each copy of the full song that they sell. +This means that companies with a compulsory license to distribute recordings of a song can also distribute ringtones extracted from that recording-under the terms of the compulsory license. +Although the Copyright Office realizes that some ringtones may be changed enough from original recordings to qualify as new works, in general, it ruled that ringtones clipped from existing recordings are not “derivative works” as defined by copyright law, either as new works or as “arrangements.” They are instead simply digital recordings, and as such, are subject to the same compulsory license as all digital recordings.+ Never be available to sell - heck, I have Groundskeeper Willie on my phone).īut, as you said, enough said. But the fact remains that up until recently Apple was clearlyĪgainst even this, and has backed off (most likely because everyone in the world wants to create their own ringtones from audio that will Not going to in any way say it's okay to create ringtones from anything other than a recording you made of your Uncle Ernie singing a public domain song (Um, "Jingle Bells", in keeping with the season). Naturally Apple wants to err on the side of profi. The RIAA is saying it ain't a public performance. IOW, it looks like in the absence of a specific legal opinion, you may well be on firm grounds to create a ringtone from a song you have purchased, no matter where you purchased it from. In the copyright decision mentioned above, the RIAA explicitly argued that a ringtone is not a “public performance” of a song and does not incur any additional royalties, just as playing your tunes on a boom box or through a car window is not a “public performance.” The Registrar of Copyrights concurred." You’re extremely unlikely to get prosecuted for it. "Is it “fair use” to create a ringtone from a song you already own the rights to play? Maybe. It's been hashed over in the forums many, many times already.Īctually, I read that when it first came out. If you haven't already, I'd suggest you read this article on MacWorld, which covers the subject quite thoroughly: It's music to which you've purchased a license to use in specifically-granted circumstances, which at least according to the record companies' position does not include use as a ringtone without a separately-purchased additional license. If you buy a song from iTunes without DRM is it not your own music? ![]() So clearly Apple is avoiding advocating creating ringtones from copyrighted material not purchased from the iTunes Store, though it may be possible using GarageBand. It's quite specific rather than a more generic "your own music" in your statement. Your original song, your original audio recordings, or use Apple Loops and iLife jingles to create a custom ringtone for your iPhone." Mike, the information on Apple's web page on ringtones in GarageBand says (emphasis mine): My own HO is Apple's position is indeed fuzzy and unless a mod tells me otherwise I will go on believing that. I just think that Apple hasn't quite made up its collective mind on how to define ringtones (it was pretty clear that the first position was - "we ain't letting you make any" and it's also equally clear they have backed off on that). If we say anything here that's not kosher it Just look at top posters in this forum and you'll see at least three Apple employees. Own music? Or is it your "own music" if you own the CD, even if it's sold on iTunes? Or is it only music you create yourself? - heck I write and perform my own music but I doubt whether anyone asking about ringtones here does).Īnd don't kidd yourself - it's not that posts aren't reported. That's just your HO, but if you look at posts here official Apple folk in talking about creating ringtones say nothing about whether this is only for your "own" music (and what the heck is your own music anyway? If you buy a song from iTunes without DRM is it not your
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