All iPads iPad Rental - Can I rent the iPads with movies?

n0logic

macrumors newbie
Original poster
May 21, 2013
3
0
Hi,
I have a small iPad rental company and was wondering if anyone can clear me about the legal rights to rent my iPads with movies I have bought on iTunes. I think this will add value to the customer as he can have some movies on his iPad when he rents it. Does anyone have any similar experience with this sort of thing?
Thank you in advance,

P
 

madgibbon

macrumors regular
Mar 1, 2013
111
48
It depends on the copyright laws in your country. In the UK this would be illegal as you are effectively renting the movie too.
 

GoCubsGo

macrumors Nehalem
Feb 19, 2005
35,753
142
^ how would he be effectively renting the moving too? If he is providing preloaded content and the price of the iPad rental is the same with or without the movie, I don't think I follow.

As far as the law, the first question is whether you can load a movie you rented on various devices. I thought iTunes sort of limited that. With respects to the legality of it, you probably need to read the ELUA to determine that.
 

Consultant

macrumors G5
Jun 27, 2007
13,291
14
^ how would he be effectively renting the moving too? If he is providing preloaded content and the price of the iPad rental is the same with or without the movie, I don't think I follow.

As far as the law, the first question is whether you can load a movie you rented on various devices. I thought iTunes sort of limited that. With respects to the legality of it, you probably need to read the ELUA to determine that.
Giving something illegal away for free is still illegal. Most people will get away with it but all it takes is just one customer to complain.

License to load content on different devices is for personal use.
 

GoCubsGo

macrumors Nehalem
Feb 19, 2005
35,753
142
Giving something illegal away for free is still illegal. Most people will get away with it but all it takes is just one customer to complain.

License to load content on different devices is for personal use.
I didn't say it wasn't illegal. I was saying that I didn't follow how downloading a movie through the iTunes store onto an iPad and then renting the iPad itself qualifies as illegal. That was all. I didn't intend to wax poetics about the legality. If the guy wants to know there are two answers; read the EULA and consult his attorney.
 

TJ61

macrumors 6502a
Nov 16, 2011
811
3
I didn't say it wasn't illegal. I was saying that I didn't follow how downloading a movie through the iTunes store onto an iPad and then renting the iPad itself qualifies as illegal.
I think it's because there's perceived value in having that content on the iPad, so one could argue that some of that iPad rental money is being received because of that content. So, he'd be implicitly renting that movie, for some fraction of the iPad rental, something he's presumably not authorized to do.

That's my guess.

Regards,
Tom
 

paulbennett95

macrumors 6502a
Aug 30, 2012
581
0
Long Island, NY
I suggest calling Apple about it, but I'm rather certain that's against the law, as when you purchase iTunes content, i believe it's only for personal use and you'd need a commercial license for what you're doing. You may have to settle it with the copyright holders of the movies in question.
 

poloponies

Suspended
May 3, 2010
2,661
1,360
Hi,
I have a small iPad rental company and was wondering if anyone can clear me about the legal rights to rent my iPads with movies I have bought on iTunes. I think this will add value to the customer as he can have some movies on his iPad when he rents it. Does anyone have any similar experience with this sort of thing?
Thank you in advance,

P
Apple's 1st Usage Rule:

USAGE RULES

(i) You shall be authorized to use iTunes Products only for personal, noncommercial use.


So "adding value" for a customer of your business sounds like a commercial use to me.
 

nStyle

macrumors 65816
Dec 6, 2009
1,114
221
I think as long as you don't advertise the fact that the iPad will come with movies, at least not publicly, you will be perfectly fine.

It's a fine line, but I wouldn't worry about it personally. I guess it depends on who I am selling to and in what market though.

The short answer is: if you want to be perfectly safe, then don't risk it at all. If you expect your business to grow then you need a solid foundation that isn't built on assumptions and gray areas. Conversely, if you mostly rent to friends of friends and the whole process isn't too formal, then I think its fine, but this is, again, a judgment call.
 

n0logic

macrumors newbie
Original poster
May 21, 2013
3
0
Thanks for the input.

It is definitely a grey area, I have emailed iTunes customer support a number of times but they have proven to offer very little help. The common response I get is a link to renting movies on iTunes, which seems automated.

I will definitely have to get in touch with them(Apple) to ask questions regarding commercial use because this issue could also apply to app usage.

A way to look at this could be when you rent a car and ask for a child seat. Does the child seat manufacturer know a company is making money off of their product? But since the apps and movies are all part of Apple, this could change the perspective.
 

maflynn

Moderator
Staff member
May 3, 2009
65,042
30,969
Boston
It is definitely a grey area,
It doesn't seem as grey as you make it out based on this response:

USAGE RULES

(i) You shall be authorized to use iTunes Products only for personal, noncommercial use.
Here's the link where you can read the terms anbd conditions yourself

You're using the iTunes products and services for commercial use and not personal. Based on that, you're not allowed.
 

n0logic

macrumors newbie
Original poster
May 21, 2013
3
0
APP STORE PRODUCT USAGE RULES

... If you are a commercial enterprise or educational institution, you may download and sync an App Store Product for use by either (a) a single individual on one or more iOS Devices used by that individual that you own or control or (b) multiple individuals, on a single shared iOS Device you own or control.
So what I see from this is that from the App store you may rent with apps, but for iTunes (movies, etc..) it is only for non-commercial use.
 

poloponies

Suspended
May 3, 2010
2,661
1,360
A way to look at this could be when you rent a car and ask for a child seat. Does the child seat manufacturer know a company is making money off of their product? But since the apps and movies are all part of Apple, this could change the perspective.
Poor, poor, poor analogy. The car seat is a product that is sold outright. When you purchase a movie you purchase a limited license, not the product.

Think of copyright like a swimming pool. The owner of the copyright owns the pool outright. He can sell the pool outright, which requires that he forever relinquish ownership, or he can keep the pool but sell limited access to the pool. So if he wants to sell you a "day pass" or a season pass or lifetime access to the pool her can do it, but the limitations are his to decide. So you can't bring all your friends with you whenever you want if the access is for you personally.

When you rent or buy a movie, you don't actually own anything other the right to view it on the medium that it was purchased. So, for example, if you bought a VHS tape of Rocky you don't have a right to download a digital copy, that requires a separate license.
 

bri1212

macrumors 6502
Feb 1, 2008
273
4
Hi,
I have a small iPad rental company and was wondering if anyone can clear me about the legal rights to rent my iPads with movies I have bought on iTunes. I think this will add value to the customer as he can have some movies on his iPad when he rents it. Does anyone have any similar experience with this sort of thing?
Thank you in advance,

P
The short answer is no. You would have to license the movie content from the distributor, not Apple, for commercial rental or sales, of a device with Movie content.