I’ve been so frustrated by the various answers about whether you can DJ with Spotify legally. I did some research and put all of the issues into one place.
The issue is confusing and muddled at best. Various sources will give you various answers. Spotify itself is saying one thing and doing another. Many other music sources, including Amazon and Apple, have similar issues. So, is it legal to DJ with Spotify? Yes, you can DJ with music from Spotify without violating the law, however it violates Spotify’s Terms of Service.
MAJOR UPDATE 3/26/2020:
Algoriddim has announced that they are removing support for Spotify on 7/1/2020. They will continue to support Tidal and Soundcloud. From their website:
As of July 1, 2020 Spotify will no longer be playable through 3rd party DJ apps. You’ll still be able to use Spotify in djay until the end of June 2020. In the meantime, we’ve introduced new streaming services that will enable you to continue mixing all of the great music you love, plus give you extended access to new content and features. In addition, we’ve prepared steps for you to easily migrate your library to a new supported streaming service. We are committed to make this transition as easy as possible for you and we appreciate your understanding during this process. (source)
If you are using Spotify to DJ now, you need an alternative streaming service quickly. I’ve listed all of your options here.
You can DJ with any music you legally possess
As a DJ you are allowed to play any music that you have paid for or obtained through any other legal method. The venues that you perform at are responsible for pay the licensing and public performance royalties for the music.
Private events don’t require music licensing because they are not considered public performance. This means weddings and parties don’t require music licensing. In most cases, you do not have to pay licensing for the songs you play as a DJ.
You are also allowed to DJ with music that was given to you promotionally, like through a label or a DJ record pool. The only time that DJs have gotten in trouble is when they are using illegally downloaded music. The US courts have been very clear that they consider unauthorized copying to be piracy. With Spotify, you are not copying the music because you cannot keep it if you don’t pay your subscription fee.
Legal Disclaimer: I am not an attorney, and this post isn’t legal advice. You should consult an attorney about your unique situation if you are unsure.
Spotify is sending mixed messages
Spotify is sending a ton of mixed messages with its terms of service. Spotify’s terms of service state you are not allowed to use its streaming service commercially, however Spotify is integrated into one of the most popular professional DJ software on the market, Algoriddim’s djay Pro. Why would they allow their platform in pro DJ software if they didn’t expect professional DJs to use it?
The Terms of Service are likely designed to protect Spotify from any and all liabilities. Their official response is that the songs in their library are only for personal use. So, technically, Spotify could cancel your membership if they found you were using their music commercially.
djay Pro is Pioneer DJ Certified!
To make matters even more confusing, djay is integrated into standard Pioneer club-level gear, and they are advertising using Spotify in clubs!
From the Algoriddim website (emphasis mine):
“djay Pro offers native integration with Pioneer DJ’s CDJ-2000NXS2, CDJ-2000NXS, CDJ-900NXS, and XDJ-1000, the industry-leading club setup for DJs. Access your Spotify and iTunes library directly from the CDJ’s screen including waveform and cue points display. Full hardware control includes slip mode, scratching, pitch bending, looping, cueing, master tempo, and more.”
To me, this completely negates their argument that Spotify is not for commercial use. I’ve put together a list of all of the natively-supported djay controllers, so you can see for yourself how much Algoriddim has committed to supporting professional DJs. If one of their largest partners is specifically marketing professional use, how are we to know that it’s against the Terms of Service?!?
Apple & Amazon have the same Terms
Another clue that Spotify’s Terms of Service are bogus: Apple and Amazon have the exact same restrictions even when you buy a download! This is borderline ludicrous. No judge in the world would ever rule that you couldn’t use music you bought and paid for to DJ commercially. You now own the song! You can play it anywhere you want.
If Apple and Amazon have these same restrictions on purchased music, I feel they can safely be ignored. It’s a great indicator that these are overbearing terms that would not stand up in a legal battle.
Most restrictions won’t hold up
Spotify’s Terms of Service contradict their business actions. By allowing integration into professional DJ software, the average user would expect that they could use Spotify commercially. You bought the software legally, and you pay for the music service, so you should be able to use it however you choose. It is unlikely that these restrictions would hold up in court.
There is a similar issue around promotional music labeled “Not for Resale”. The courts have upheld your right to sell that music, even though the record labels don’t want you to. As long as you legally posses an item, you are allowed to sell it if you choose to. Record labels cannot prevent you from selling music just because they gave it to you for free.
You are not stealing
OK, so what about the ethical issues with using music without paying the artists? I feel that you are in the clear ethically. Radio stations get all of their music completely free from the record labels. You likely belong to a record pool, where that music is also free from the labels, and you are paying for the service.
Spotify is actually paying the artists and labels for each time that you play a song. It is a small amount, but at least they are getting something. The majority of promotional sources like DJ pools and radio promos are not paying anything.
This is not the same as an illegal download. You are paying for Spotify’s service, and Spotify is paying the artists for each play. Furthermore, many DJs are already using Spotify. They just might not be talking about it.
So, what’s a DJ to do?
DJing with Spotify is really a personal judgment call. You are not doing anything unethical for sure. You are most likely on the right side of the law and licensing rights. Spotify’s Terms of Service are the only grey area. Spotify could technically disable your account if they wanted to. If they decided you were a huge offender, they might even threaten to sue you.
Many DJs think the small potential risk is worth the huge benefits of Spotify’s streaming library. With more and more streaming services directly integrating into DJ software, it’s probably not long before the Terms of Service catch up with how music streaming is being used.
In Summary…
While it is technically against Spotify’s Terms of Service to use their streaming for commercial purposes, it’s not something I would lose sleep over. Spotify has allowed its commercial partners to build its software into gear that is clearly marketed for commercial purposes. While it falls into a bit of a grey area, you are still paying for your Spotify service and your DJ hardware, so you wouldn’t be stealing from anyone. Until we get a specific ruling from the courts that DJing with Spotify is not allowed, my personal opinion is that it’s okay.
