My client is including several videos in their digital publication, and would like to use some mainstream (iTunes artist) music tracks in those clips. My gutt instinct would be that it would cost a lot of money, and we'd have to reach out to the recording studio for a specific artist in order to properly gain the rights.
However, a fairly extensive search (Google anyway), for articles or documentation regarding using music in that capacity was not as forthcoming as I would have expected. In fact, I found some articles that seemed to support the notion that you can just simply "use the music without restrictions". For instance, iTunes has upgraded most of their music to DRM-free. No Digital Rights Management on the tracks, and this page http://support.apple.com/kb/PH1079?viewlocale=en_US basically states just that:
Songs and music videos, available at the iTunes Store, that are encoded in high-quality, 256-Kbps AAC format. There are no burn limits on iTunes Plus items, and they’re free of DRM (digital rights management) limitations. iTunes Plus content can be played on iPod, Apple TV, all Mac and Windows computers, and many other digital music players.
That's a pretty general interpretation of the terms... made even worse by "...and many other digital music players". Well, techincally this is another player, an iPad. And, it doesn't stipulate that you can play them only on your devices.
So, what exactly are Digital Rights Managment limitations, and what does being "free" of them allow you to do? Can I use the track in a video piece? Does anyone know of documentation that supports any of this?
Okay - I'll answer my own question. Apparently it was time to really read the "Terms and Conditions". Not sure why that didn't come up in the results.
From our friends at Apple:
( i ) You shall be authorized to use iTunes Products only for personal, noncommercial use.
(ii) You shall be authorized to use iTunes Products on five iTunes-authorized devices at any time, except for Content Rentals (see below).
(iii) You shall be able to store iTunes Products from up to five different Accounts at a time on compatible devices, provided that each iPhone may sync tone iTunes Products with only a single iTunes-authorized device at a time, and syncing an iPhone with a different iTunes-authorized device will cause tone iTunes Products stored on that iPhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video iTunes Products or tone iTunes Products.
(vi) iTunes Plus Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) – (v) do not apply to iTunes Plus Products. You may copy, store, and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.
Maybe this will help to quickly answer someone else's question.
...and back to work.