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Is the use of default sound tracks provided with the iPhoto slidshow application considered fair use?
So… I recently got an iMac and have found many of the applications including iPhoto to be nothing short of brilliant. One of the first things I did with iPhoto was to import a bunch of old family photos and then proceeded to use the slide show feature with one of the stock themes. It produced an absolutely beautiful video complete with a nicely matched sound track. Assuming that since this was a stock theme that came with the system anything I produced using the theme would be freely distributable, I subsequently exported and uploaded to YouTube.
I was quite surprised (and mildly annoyed) when I got a message back from YouTube indicating that the soundtrack was copyrighted so my video would be blocked in some areas.
So… who, if anybody, is violating copyright restrictions here:
Apple for including copyrighted material as a default for one of the iPhoto themes?
Me, for assuming anything I put together using the default is freely re-distributable?
YouTube for blocking my content because they identified a sound track that, while it may be copyrighted, Apple is distributing with their iPhoto application and has (presumably) already made a deal with the copyright holder?
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