# Using a iTunes pruchased song in a movie?



## karavite (Nov 1, 2004)

I searched on this and couldn't find a clear answer. I was wondering if I could use a iTunes purchased song in a home (not for sale) movie edited in FCP. I tried importing a song I purchased into FCP and I get no audio. I'm assuming Apple's protection and terms of reuse dictate I can't do this, but just want to check. If that's the case, no big deal - I can just buy the CD from a store!


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## quiksan (Nov 1, 2004)

as long as it's only for personal use (ie, not for profit), I believe that's ok.  

here's how you get the purchased music into FCP:
(MODS - feel free to edit this out, as I don't know if it's against the rules to post this method...though I think I've seen it on the forums before)

burn your music to a cd, 
then import it from the cd.  You'll wanted it resampled at 48000khz stereo anyway, so this is a good time to import it at that sample rate, in AIFF format.  This way, you don't have to rely on FCP to do any extra (unnecessary) heavy lifting to convert the audio on the fly.  will sound much better this way, when you watch the finished product.


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## brianleahy (Nov 1, 2004)

<censored>


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## chevy (Nov 1, 2004)

Please remove the mention of rip software.

I agree that as far as it is for personal use (no commercial use, no diffusion) it should be ok.


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## bobw (Nov 1, 2004)

WireTap is legitimate recording software. How you use it may be subject.


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## Natobasso (Nov 1, 2004)

Once you have the song in iTunes you can simply use it; you don't need to burn a cd, etc. It should appear in iMovie when you go to "Audio"; a pull down list appears with your songs there. (I just did it last night with one of my own original tunes.)


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## Natobasso (Nov 1, 2004)

I think I should clarify by saying that, legally, using a copywritten song is prohibited unless compensation is provided to the label/artist. That's why I use my own music.


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## karavite (Nov 2, 2004)

Natobasso said:
			
		

> Once you have the song in iTunes you can simply use it; you don't need to burn a cd, etc. It should appear in iMovie when you go to "Audio"; a pull down list appears with your songs there. (I just did it last night with one of my own original tunes.)



Okay, purchased music will play in iMovie as you described, but not if imported to FCP (which really just points to the file in your music folder). For FCP, the old burn a CD trick works. Honestly, I didn't want to raise a stink, I was just curious! I guess it is an issue of file formats with FCP? I didn't think to try iMovie since I don't use it for editing my video, but I guess it is nice to know that Apple seemingly by design lets people use music they purchased in non-commercial legitimate fair use ways like this.

http://www.copyright.gov/fls/fl102.html


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## ElDiabloConCaca (Nov 2, 2004)

FCP doesn't support protected AAC files AFAIK.  iMovie is geared toward the home user for home-video-type stuff, so using copyrighted music is perfectly legal in that situation.

FCP and FCE are geared toward professionals who create video for commercial use, and the use of copyrighted material requires an agreement with the license holder (the record company that produces/owns the music -- Sony, Capitol, etc.), so using an AAC in this situation would be illegal unless you had written permission, in which case you'd be given a high quality unprotected version of the track for use in your project by the record company.

Hell, you couldn't even *sing* the song yourself and import it into FCP, as evident by Eminem's lawsuit against Apple for using the lyrics from "Lose Youself" in one of their iPod/iTunes commercials.

http://docs.info.apple.com/article.html?artnum=93165
http://docs.info.apple.com/article.html?artnum=93463


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## karavite (Nov 2, 2004)

Interesting! That's a good reasoning on why iMovie would allow me to use a protected file vs. FCP. I am an an odd ball (in more ways than one) - an amatuer home user using FCP. Still, I think fair use is fair use and it wouldn't matter whether I used iMovie, Premier, Avid or FCP. As long as I don't redistribute my purchased copy of music beyond the guidlines of fair use, I am in the clear. I mean, say I had a record (vinyl) and wanted to make a cassette tape for my car. I can record the record onto tape on a cheap Sears tape deck or a professional tape deck.

Trust me Eldiablo, you don't want me singing into any application!


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## ElDiabloConCaca (Nov 2, 2004)

Well, yeah, that is a unique use for FCP.  I guess the difference is that iMovie does not produce broadcast-quality movies, while FCP does.  Allowing FCP to use unauthorized music would open the doors for those looking to do just that in a commercial setting, and in order to appease the ravenous hounds of the RIAA, Apple chose not to include the ability to do so.


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## scruffy (Nov 2, 2004)

Licensing music for a commercial or similar would typically cost you thousands & thousands of dollars - going out and buying a CD costs you, what, twenty?

The difference is so trivial, between the cost of an iTunes track or a CD, (where your legal rights are the same anyway; except the constitutionally questionable DMCA if you're in the US), vs. the huge jump to the cost of licensing the music for use in a commercial or public product, I don't see what the point is of making people jump through the hoop of burning a CD.

Someone who doesn't respect an artist's copyright will be willing to do the extra step - no copyright violation will have been prevented.  If anyone is stopped, it's the casual home moviemaker, precisely the person who _has_ got the right to put the music in their movies.

Trivial technical countermeasures do not make us respect copyright.  Fundamental respect for musicians is what makes us respect copyright.

Not that this is (entirely) Apple's fault, it's the dinosaurs at the RIAA that really don't get it...


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## brianleahy (Nov 2, 2004)

Actually, the cost of licensing copywrited songs is based on (among other things) the expected size of your audience. 

If you're making a hollywood movie, the projected audience is huge, and so the cost can be tens of thousands of dollars.

If you're making (for instance) a video that will be seen by a few dozen people at a party or event, one time, the cost will be much, much less.


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## Natobasso (Nov 2, 2004)

Why not just convert the iTunes file format to mp3 and import that into FCP? (or do the necessary conversion to .aiff or .wav, whatever FCP uses). Would that work?


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## ElDiabloConCaca (Nov 3, 2004)

You can't -- not without help from third-party applications that strip the DRM protection from the file, and those programs are being shut down day after day by Apple Legal.

iTunes and QuickTime no longer allow you to convert a protected file to an unprotected format.  Of course, you can always burn the track(s) as an audio CD, then re-import them into an unprotected format like MP3, but you suffer sound quality loss.


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## karavite (Nov 3, 2004)

brianleahy said:
			
		

> If you're making (for instance) a video that will be seen by a few dozen people at a party or event, one time, the cost will be much, much less.



I respectfully disagree - the cost in this situation is zero under copyright laws - fair use. http://www.copyright.gov/fls/fl102.html

Wait, I'm wrong again! Actually, the cost is $0.99! The little project behind my posting this is a home movie of Halloween. We had 300 kids come to our house, and I videoed most of the chaos and fun. I wanted to make a quick little movie for myself and 2 neighbors and easily found a few Halloween songs on iTunes to include in the movie. I bought the songs from iTunes, therefore compensating the artists for my use of their songs (there is no other reason on Earth I would buy these songs). So, in this case, iTunes actually worked in supporting the artist - didn't it? My only little weird situation is I prefer FCP over iMovie. Two years ago the only feasible option to quickly finding a huge assortment of Halloween songs (or any song based on a title topic) was via sharing programs that remove the artist from the equation.

Scruffy - I do respect artists and musicians. I actually still buy CDs every single week! Heck, I even buy new vinyl records! There is a lot happening out there with new and old music that is really exciting. My only gripe is I cannot stand the low quality of downloadable music. I know it will improve over time, but I have a ton of $ invested in my stereo system(s) and there is nothing better than listening to music the way it was intended to sound. Some day I'm sure they can tie convenience with quality of sound.


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## brianleahy (Nov 5, 2004)

> the cost in this situation is zero under copyright laws - fair use.



Fair enough -- however, if you were going to use the song commercially (e.g. if you were making a video for someone else for a fee)  you would, as I understand it, be required to pay licensing, the amount of which would be based in part by the projected audience.

For my own home videos I use CD tracks all the time.


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