app rejected because media player has album art!?

My app has previously been approved twice with no isses. This last update I get the following


8.5 - Apps may not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use. Authorization to use such material must be provided upon request

8.5 Details


Your app includes content or features that resemble one or multiple third-party mark(s) without the necessary authorization.


- Album cover art

My app is a MEDIA PLAYER . . . . is cover art suddenly illegal? Either the songs are owned by the user or they're streaming from Apple Music AND I provide a link to purchase any songs they don't own in accordance with the Search API TOS

This is my first app and I'm having a hard time understanding the arbitrary nature of this process. There are hundreds, probably thousands, of media apps in the store with cover art in the screenshots.

Replies

Album artwork is the property of the copyright holders for that work. You cannot display

that artwork without expressed written permission to do so. Apple can in their music

player because they do posses that written permission.

Thank you for restating what was already written.


First of all, the user either owns the song or is streaming it so they too have a right to dispay the cover art. My point is there are thousands of medial players in the AppStore, should we thow them all out because Apple requires screenshots but you cant actually show the app? Or do we just arbitrarily pick and choose who the rules apply to?

No, the user does not have the right to display the artwork. Apple's player does. There is

a difference. iTunes can display the artwork, iTunes can play the music and display any

additional licensed content. Our apps, cannot. The user does not own the songs nor the

artwork. As for the media players on the store, any previous approvals are not a license

to use nor any guarantee of future approvals. When asked for written proof that you are

allowed to use copyrighted content, you are required not only by Apple but by law to

provide such proof.

The same problem happens to me now.

I just don't see the point of rejecting developers' apps for such a reason. Apple knows for sure a local music player will not cause any harm to the copyright owner of the artworks displayed in the screenshots, yet they just simply Metadata reject your app. Isn't displaying artwork pictures a basic function of a music player? How come we cannot add screenshots of it?


With iTunes store being the biggest music owner of the world, IT SHOULD BE APPLE'S RESPONSIBILITY to provide LEGAL SAMPLE ARTWORKS for displaying in screenshots to us developers, rather than requiring us to do the opposite.

Read RLKingSoftware's response.

Hi everyone.


I have the same problem with the App Store. My app has been rejected because it includes album cover artworks from iTunes.

My question is simple.

Does iTunes give authorization to use its metadata if I am enrolled in the affiliate program?

I suppose that the rest of apps that use metadata from iTunes have the rights to use this content.


Anyway, Who do I need to ask this permission to?


Thanks.

As I've been through this twice now I can say there is no way around this. The rule is technically accurate to the letter of the law, however I believe Apple could if it wanted to, exented its agreement with music publishers to cover developers since Apple is requiring the screenshots to begin with. On your own you'd need permission from the label that publishes the music you are using cover art for in the screenshot. The issue here is only in the screenshot for the app store where this is "using copyrighted material to promote your own work". Even though you're probably (like me) not claiming to own or sell music, your just trying to provide the required screenshots.


If the user owns or streams a song they have a right to view the art. If they do not have the song and you are an Affiliate Program member you have the right to display the art to the user provided you have a "Buy in iTunes" link "nearby". Unfortunaly neither of these cases extend to screenshots in the app store.


For now I'm pixelating the album art in the screenshots which does look like crap.. The best way to really do this make a fake album of songs with your own art or stock art and use that album in your screenshots. For me thats harder than it sounds since I rely on a 3rd party API that frowns on adding bogus data to their database.


The most itrritating part of this is how Apple applies these rules to some but not all apps. There are thousands of apps in the store doing this.

>I believe Apple could if it wanted to, exented its agreement with music publishers to cover developers


Slippery slope.


First thing certain devs would do is abuse such rights by extension, using said art on their website and in marketing materials. Next thing you know, they'd be selling t-shirts, coffee mugs and temporary tattoos.


Music publishers tend to be very protective of their assets, and any attempt by Apple to extend rights would quickly result in a quagmire of he/she said legalities, where it's hard enough to just get them to allow store usage. I know...I've been at the table for such discussions.

I will add my name to the list of those with metadata rejections for this reason (use of album artwork). Do I understand correctly that Apple is only objecting to the use of the artwork in screenshots, and not within the app itself?

That is the current objection yes. However, Apple's policies change constantly so, it

could if for example, an app gained enough notoriety to be noticed by the recording

or music publishing industry, end up being in app use as well. Better to be prepared

for that likely eventuality now I think.

I have exactly the same problem for an app aimed at gym teachers. I also provided a preview video of course playing thrid pary tunes. As a result Apple rejected my submission as I think it is your case. I found a number of tunes on iTunes music marked as "Royalty Free" for example at:

Royalty Free Music on iTunes

It it possible to use this music in the screen-shots and video previews without the need of providing an authorization, or I would just waste more money and time in following this path?

Did you ever submit proof of permission to use album art from the copyright holder? If so, how did you submit it? I can't find where/how/to whom to submit documentation.

Use that app's meta data review notes via iTC. If it won't fit, zip it, put it on a server and feed them the link and details w/any required credentials instead.

Just wanted to ask if the policy of Apple is still to just disallow usage of 3rd party artwork in app screenshots/videos? I'm currently developing an app doing similar stuff but I'm not using iTunes Search API but Spotify Web API.


So is it ok to put such artwork into the app itself at the current time?


Since I'm not a lawyer, I cannot really understand what to offer to Apple if they once might ask for a proof of permission also for in-app usage. Would it be enough to send them a link to the particular page in the Spotify terms & conditions (https://developer.spotify.com/developer-terms-of-use/faq/)? Of course, I also would state in the app that the data is retrieved from Spotify.

Nice, its very good to reject apps that display cover artworks legally from the Spotify API. (After a positive review in first place and then with no changes on the screenshot a negative result for the next review)


Im also sure all of these other apps have the permission from Lady Gaga and so on to display their artworks...

Simply search for "Youtify" or something on the appstore there are plenty of apps that display it. 100% legaly of course... Sure.