Would This Be Legal?

[dirtydog104]

I looked around, and I'm really not sure where I should ask this, so I went with Other...

I plan on livestreaming myself playing games soon, and I was wondering if it would be legal to have my Spotify playlist playing in the background, viewers would hear it while watching.

I read through the Terms and Conditions and such, but really wasn't sure.

[hans-jürgen · Accepted solution]

Spotify also offers an embedded <iframe> web player for your homepage based on a playlist (right-click on the playlist in the navigation bar on the left and choose "Copy Embed Code"), so that would be legal then. But only users who have a Facebook and/or Spotify account would be able to listen to it.

[Joe]

Probably something of a grey area but the legal page includes this

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This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Spotify Services or content delivered to you via the Spotify Services,

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[dirtydog104]

After rereading that I saw this, "making available to the public any part of the Spotify Services or content delivered to you via the Spotify Services", which is not permitted. So, I suppose that would include what I wanted to do?

[Peter__]

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@dirtydog104 wrote:

After rereading that I saw this, "making available to the public any part of the Spotify Services or content delivered to you via the Spotify Services", which is not permitted. So, I suppose that would include what I wanted to do?

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In my opinion yes, since you are broadcasting something licensed to you personally publically. 

Peter

[Joe]

Hmmm........what if you're sitting in your car in a busy part of town with the windows down and spotify playing through the car audio system? I suspect intent comes into play here.

[Taylor]

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@jwylot wrote:

Hmmm........what if you're sitting in your car in a busy part of town with the windows down and spotify playing through the car audio system? I suspect intent comes into play here.

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Indeed I believe it does (as otherwise we'd have a lot of citizens being arrested on copyright laws!), and it also depends on who it's being played to. As technically you could play music at a birthday party to your friends legally, because technically it can be classified as personal use, but there are many different views on this sort of thing, it's very vague really!

Anthony 🙂

[Peter__]

I do believe just a little bit of discretion is required when determining what is within the terms and what isn't. Sitting in traffic in your car listening to music is not deliberately sharing the content to the public, and in the case of your friends that is not really "public" usage since its personal and in a private location normally. 

I feel like as long as you are not deliberately streaming Spotify content to the public (knowingly) then you should be alright. 

Peter