thinking about starting fitness mp3 business

[paul.d.morris]

What is the name of your state (only U.S. law)? GA

Ok so I can't find the answer to this. I want to start a business making fitness albums. my thought was that if I purchased each of the mp3s I used from itunes it should be legal right? after all the artist will be getting their royalties for each sale I make that way.

the setup I would use is that each client can pick four custom songs to use in their fitness record. I would then purchase those four mp3s from itunes and edit the exercise regime into them. Is that Illegal? and if so, is there any way around it?

 

[Zigner]

Your business plan violates the iTunes Terms & Conditions: http://www.apple.com/legal/itunes/us/terms.html

Here's a sampling of the applicable portion(s):

Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You shall be authorized to use the Products only for personal, noncommercial use.

(iii) You shall be authorized to use the Products on five Apple-authorized devices at any time, except in the case of Movie Rentals, as described below.

(iv) You shall be able to store Products from up to five different Accounts on certain devices, such as an iPad, iPod or iPhone, and Apple TV at a time; provided that each iPhone may sync ring tone Products with only a single Apple-authorized device at a time, and that syncing an iPhone with another Apple-authorized device will cause any ring tone Products stored on such iPhone to be erased and, if you so choose, to be replaced with any ring tone Products stored on such other Apple-authorized device. Additional restrictions apply to Movies Rentals, as described below.

(v) You shall be authorized to burn an audio playlist up to seven times.

(vi) You shall not be entitled to burn video Products or ring tone Products.

(vii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.

(viii) You may use only ring tone 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.

(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.

(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

 

[tranquility]

Most IP licenses on music and the like are for private use only. To get a license for the use you want, you'd need to contact the holder or clearinghouse directly.

 

[paul.d.morris]

thank you

Thank you for your answers, that saved me some serious research time.