How can I solve (Guideline 5.2.1) ?

You should be having this conversation with the authors of any 3rd party APIs you've chosen as bedmates.

While limited posting of song lyrics may be covered by 'fair use', I believe you will discover that what genius.com is doing - and what your app is trying to do - is a violation of the copyright laws. Consult with an attorney as to how you might operate consistent with copyright laws. Or do some reading and convince yourself you can't. Start here....

h ttps://www.stoneslaw.net/practice-areas/intellectual-property/copyright/song-lyrics-protected-copyright/

There is a flaw in your thinking:

I made lyrics app for IOS. I use Genius API which is totally free to use.

And you conclude that because it is free you can use material legally in your app.

That's wrong.

Consider another situation to illustrate:

Someone steals images or document and put them on the web.

Your app uses this web site to publish the same documents.

Then you use stolen material, your out of law.

You have probably no option than give up the idea of putting your app on AppStore.

Hello

I've had the same response from Apple although my content was not based on a free API. The data is from a database that I've compiled over the years. I understand the point that you are making about the ownership.

If the API from genius.com is violating the copyright laws then how come their app is available on AppStore.

https://apps.apple.com/gb/app/genius-song-lyrics-more/id709482991

Also below is another example

https://apps.apple.com/gb/app/musixmatch-lyrics-finder/id448278467

What if an app is published free of charge or without any advertisements? Can they be considered as fair use ?

Thanks

No, just because it is free does not make it fair use. You are welcome to inform App REview that you feel a particular app is violating copyright laws.

Here is an example of the 'fair use' of a copyrighted work that explains 'fair use' of copyrighted works:

h ttps://smallbusiness.findlaw.com/intellectual-property/fair-use-or-public-domain.htm

Does Your Use of the Work Constitute Fair Use?

The closer your answer is Yes to the following questions, the more likely your use is fair use. The right column illustrates examples of factors that make a finding of fair use more likely vs. copyright infringement.

>If the API from genius.com is violating the copyright laws then how come their app is available on AppStore

You are mistakenly assuming that what genius.com is doing extends to others. Also, remember that none of the apps in the store are any promise that your app will/won't be accepted/rejected.

Agree with KMT.

It is not an API issue. It is what you are using the API for.

You don't know what are the right genius has to use those images.

If they write you that they have full right to authorize you to use those images in your app, that may be OK for the store.

@Claude31

In my case I'm not using the genius api. I'm continuing the intial query from mnaultra because my scenario is similar to that too. My question was, genius has its own app on app store and the content is from its contributors.

https://genius.com/Genius-how-genius-works-annotated means the lyrics are submitted by its users. (not the original artists). If they are providing an API for the same content , then its not clear how their own app is approved on app store and not the other apps using the API is viloating the copyright laws.

Again, you have two issues - you are violating the copyright of the original song writer and you are violating the copyrights of genius.com.

Since you agree you are using the website of genius.com you may have agreed to their terms of service which are:

Commercial Use: Unless otherwise expressly authorized herein or by Genius' express written consent, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors without the express written consent of Genius.

Those terms of service may create a contract between you and genius.com. So you not only have the copyright issue you also may have a contract law issue.

Further, you are welcome to question whether others are violating the copyrights of authors - but that won't get your app approved, will it? And if you look into Genius.com you may discover that they are respecting the copyrights of others through their copyright policy here:

h ttps://genius.com/static/copyright

Finally, while 'free stuff' allows you to do certain things with the stuff, it does not allow you to do other things - and 'displaying to others' is one of those things that you don't get to do. And even if your app is 'free' it doesn't mean you can ignore your obligations under copyright and trademark law. You may have a path through fair use but it is a narrow path - and Apple seems to think you have strayed from that path.

Genius is obviously in some type of deal with Apple. It is too clear a contradiction. Fact - their lyrics database is supplied by users. Fact - many of their lyrics are incorrect, which supports the previous fact. Fact -The reason that an API exists IS for 3rd party consumption, paid for or free. Fact - Genius is approved for the App Store.

Go figure.