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saband2018-01-14 21:44:33
Mobile development
saband, 2018-01-14 21:44:33

Can CC-BY-NC and CC-BY-NC-ND music be used in a commercial mobile game?

I'm developing an android game that plans to use quite a lot of music (one track per level). I started looking for music, and I came across the fact that most of the suitable works are licensed under CC-BY-NC and CC-BY-NC-ND. I understand the basic nature of these licenses, but I have not been able to figure out whether the following cases would violate one or the other license:

  1. If I use a track for a free tier but the game has paid tiers (with music licensed under CC-BY or CC-BY-SA).
  2. If I use the track for a paid level (actually I'm selling access to the level, not the track itself).
  3. If all levels in the game will be free, but there will be paid features that are not related to the sale of content (donate, support the developer).
  4. If there are ads in the game.

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1 answer(s)
Z
Zr, 2018-01-14
@saband

IANAL, TINLA.
> Can CC-BY-NC and CC-BY-NC-ND music be used in a commercial mobile game?
> NC [= noncommercial]
> commercial
> I understand the essence of these licenses I
'm embarrassed to ask, what is it? ;-)
> but I was not able to figure out if the following cases would violate one or the other license:
> If I use the track for the free level, but...
> If I use the track for the paid level...
> If all levels the game will be free, but there will be paid features...
> If the game has ads , it
does n't really matter.
If you are confused by the vague word "(non) commercial", you just need to translate it into Russian. "Commercial" = for profit, "non-commercial" - vice versa. For what purpose
do you distribute the game and for what purpose do you add music there, for what purpose do you charge for "levels" and "functions" and for what purpose do you advertise something? As soon as you honestly answer yourself this, you will know the honest answer to the question asked. ;-) The answer of the owner of non-free music, who issued you this license, can be anything. And *it is his answer* that he will be guided by when he writes a slander on you, for example. And not at all mine, not yours, and not even the opinion of the Creative Commons corporation, which prepared this standard contract for him.
Write to him - and ask him, after all, he is not your enemy (for now :-) - maybe he will listen to you, and he will say “yes, use it to your health!”, Well, or he will name quite a reasonable price.
Well, or choose only free music. There is already less space for different interpretations.

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