TunesGenie – Fair Use Compliance
Copyright material used
The copyright material used are album covers which belong to the record labels.
Source
The album covers are thumbnails that were obtained from iTunes API by the TunesGenie application.
The covers as they are displayed on the website, on the App Store description, and in press kits were obtained from a screen copy of the application.
Portion used
The entire front cover: because the image is cover art, a form of product packaging, the entire image is needed to identify the product, properly convey the meaning and branding intended, and avoid tarnishing or misrepresenting the image.
In addition, the images used represents only a modest portion of the screen copies which are intended to illustrate realistic use of the Application.
Low Resolution
The images used are of sufficient resolution for identification but at much lower resolution than the original cover. Copies made from it will be of inferior quality, completely unsuitable as artwork on pirate versions or other uses that would compete with the commercial purpose of the original artwork
Purpose of use
The images are used for identification of the work for which they serve as cover art. It makes a significant contribution to the user's understanding of the application, which could not practically be conveyed by words alone. The image is placed in the UITableCellView at the left of the album title and price, to show the primary visual image associated with the work, and to help the user quickly identify the work and know they have found what they are looking for. Use for this purpose does not compete with the purposes of the original artwork, namely the artist's providing graphic design services to music concerns and in turn marketing music to the public.
Not replaceable
As musical cover art, the images are not replaceable by free content; any other image that shows album artwork would also be copyrighted, and any version that is not true to the original would be inadequate for identification.
Assessment
Use of the albums artworks on the website, on the App Store description, and in press kits comply with fair use under United States copyright law as described above.
