What does non-commercial mean?

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I mean on Newgrounds it says you can use the audio for non-commercial purposes. I know Jiggmin always uses music from Newgrounds, I was just wondering if it’s legal to use in games that make you money through ad revenue. Thanks :D

 
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When it say that you can use something for non commercial purpose, that often mean that you can use it for anything that you don’t need to pay money to play it. So, if it’s like that, it would be ok to use the music, since your games are free to play, even if you earn money from them.

But, it could also be talking about anything that will earn money.

You should try to find mor einformation on that, even if I think that it’s the first thing I say, and that you are allowed to use it.

 
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Uh, non-commercial means you can’t make money off of it at all. Not even ad revenue. So you can’t use non-commercial products in games for Kongregate. (someone correct me?)

 
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What about Jiggmin then???? O_o and Enigmata 2 contains music from Newgrounds. Lots of games have Newgrounds music. So lots of the songs we listen to while playing are stolen?

 
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”Commercial Use” can only be determined by the owner of the product/content/service. While some commercial use is cut and dry (i.e. selling t-shirts, webhosting services, etc) some creators of content might consider Google Adsense or YPN commercial. It is up to the owners discretions and they are well within their rights to protect the product/service that they have devoted time/money/attention/energy to create.

http://elamb.org/not-for-commercial-use-what-does-that-mean/

 
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If you aren’t positive you can use it, don’t. Better if the source explicitly says the music can be used commercially. As you can see by the answers, “non-commercial” means different things to different people.

 
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Originally posted by gamebuilder15:

What about Jiggmin then???? O_o and Enigmata 2 contains music from Newgrounds. Lots of games have Newgrounds music. So lots of the songs we listen to while playing are stolen?

And gamebuilder, sometimes, the music can be made for the game and then, posted on newgrounds. By example, maybe Jiggmin paid someone to make music for his game, and after the game was release, the musician posted the music on newground.

 
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Originally posted by Sanchex:
Originally posted by gamebuilder15:

What about Jiggmin then???? O_o and Enigmata 2 contains music from Newgrounds. Lots of games have Newgrounds music. So lots of the songs we listen to while playing are stolen?

And gamebuilder, sometimes, the music can be made for the game and then, posted on newgrounds. By example, maybe Jiggmin paid someone to make music for his game, and after the game was release, the musician posted the music on newground.

Or you ask the musician for permission

 
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Handling public domain, open source, and non-commercial assets can often be more confusing than simply buying the asset or hiring the work.

A pretty good litmus test is to exaggerate your usage to an extreme and see if it still “feels right.” In this case let’s say you collect a bunch of non-commercial assets and host them on your own website. Your website is littered with ads for clip art, free stock photos, and all that crud you see all over. Clearly you are earning revenue off of the donated contributions of others. I would consider that unethical and, therefore, a VERY suspect interpretation of the license.

I would never condone this because I make my living from producing creative, original work, but most things are neither legal nor illegal until you get caught. Follow my meaning? If you are making $5.00 a month and you happen to use some public domain sounds or icons, I doubt you’ll attract a very large group of hungry lawyers.

Or what Syurba said. That’s the best option. (Get it in writing!)

 
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Originally posted by Sanchex:
Originally posted by gamebuilder15:

What about Jiggmin then???? O_o and Enigmata 2 contains music from Newgrounds. Lots of games have Newgrounds music. So lots of the songs we listen to while playing are stolen?

And gamebuilder, sometimes, the music can be made for the game and then, posted on newgrounds. By example, maybe Jiggmin paid someone to make music for his game, and after the game was release, the musician posted the music on newground.

This is an unrealistic scenario. When a publisher acquires a property they tend to hold all rights to the elements of that property in whole or part. Most contracts specify that the “art” (be it art, music, writing, or whatever), may only be used by the publisher in the context of that production…and may only be used by the original artist in a self-promotional context.

The publisher cannot reuse the asset for a different production; the artist cannot resell the asset to a different publisher. (Or, by extension, give it away.)

 
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Just to summarise, you must approach the artist of the song posted on Newgrounds and specifically ask for their permission to use their song in a commercial product.

 
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I use Newgrounds music for Kong games all the time :\

 
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I doubt Jiggmin asked for permission on every song.

 
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Originally posted by gamebuilder15:

I doubt Jiggmin asked for permission on every song.

It is entirely your choice if you’re willing to take the risk of not asking for permission beforehand.

 
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Originally posted by Dealmaster13:
Originally posted by gamebuilder15:

I doubt Jiggmin asked for permission on every song.

It is entirely your choice if you’re willing to take the risk of not asking for permission beforehand.

I just want to know it’s legal. I mean, I thought that’s what the Newgrounds audio was for; people upload music and other people put it in their games. All of my games so far have music mixed by me. But I recently have gotten into downloading songs from Newgrounds and want to use some in my games. I just want to know if it’s legal, and I can’t find a “contact us” on Newgrounds D:

 
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How to solve this issue:

  1. Download the song.
  2. Perform some alteration on the file
  3. Save. This new file is now yours, by the strange laws of copyright.

Things I learned in my sound editing class are simply amazing sometimes. By taking a copy-written sound and performing alterations on it to create a new sound, I own that new sound, despite not owning the source. Its still a little gray when applying it to music and ending up with a file that sounds “eerily similar,” but you’re more in the clear than using the original file.

But in most cases, you’re making games that will never be popular and using a song from an artist no one’s ever heard of before. The odds that someone manages to connect the two and attempt to sue you are extremely slim.

 
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Originally posted by Draco18s:

How to solve this issue:

  1. Download the song.
  2. Perform some alteration on the file
  3. Save. This new file is now yours, by the strange laws of copyright.

Things I learned in my sound editing class are simply amazing sometimes. By taking a copy-written sound and performing alterations on it to create a new sound, I own that new sound, despite not owning the source. Its still a little gray when applying it to music and ending up with a file that sounds “eerily similar,” but you’re more in the clear than using the original file.

But in most cases, you’re making games that will never be popular and using a song from an artist no one’s ever heard of before. The odds that someone manages to connect the two and attempt to sue you are extremely slim.

That doesnt sound like a very honest thing to do… I wish I could contact Newgrounds.

 
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Newgrounds doesn’t own the copyright. The author does.

 
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Originally posted by UnknownGuardian:

Newgrounds doesn’t own the copyright. The author does.

I know, I meant contact them about their rules for using the audio.

 
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What would be the point of contacting Newgrounds? If you want to use the author’s audio, it would be up to the author, not Newgrounds.

 
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http://creativecommons.org/licenses/by-nc-sa/3.0/

"
Licensing Terms

Attribution: You must give credit to the artist.

Noncommercial: You may not use this work for commercial purposes unless you make specific arrangements with the artist under another license.

Share Alike: If you alter, transform, or build upon this music, you may distribute the resulting creation only under a license identical to this one."
~ Newgrounds – it stands under each song you listen to.

I don’t know what it means, but hope it helps xD

Anyway I think it is okay to use songs as long as you give credits and link to the song/author in the game.
I once (twice) asked an author on Newgrounds if I could use their song, and they seemed surprised, ans said that I would not need to ask.

 
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Originally posted by ErlendHL:

http://creativecommons.org/licenses/by-nc-sa/3.0/

"
Licensing Terms

Attribution: You must give credit to the artist.

Noncommercial: You may not use this work for commercial purposes unless you make specific arrangements with the artist under another license.

Share Alike: If you alter, transform, or build upon this music, you may distribute the resulting creation only under a license identical to this one."
~ Newgrounds – it stands under each song you listen to.

I don’t know what it means, but hope it helps xD

Anyway I think it is okay to use songs as long as you give credits and link to the song/author in the game.
I once (twice) asked an author on Newgrounds if I could use their song, and they seemed surprised, ans said that I would not need to ask.

they might not have know about ad revenue, but probably. It’s probably ok, I mean, I just don’t want to do anything illegal…

 
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Just play it safe and get commercial license music? Either buy it or find some free ones.

 
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“Every day, over 100 new Flash submissions are uploaded to Newgrounds. These aspiring artists need good, royalty-free music for their games and movies.

By uploading your own creations, you are providing an invaluable service to Flash authors worldwide. Your loops and music will enter the “NG public domain”, meaning anyone is welcome to use your audio in their Flash creations free of charge."

That’s a quote on the upload screen of Newgrounds. Just thought you might like to know. :^)

Keep in mind you still have to give them credit somewhere.

 
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You should contact the owner of the music, it’s easy to do and the artist should be happy that you liked their music enough that you choose it over other songs to use in your game. I don’t see any reason not to send a message to them.

As for Draco’s suggestion, that may work for plain copyright, but this music is under a license that is “viral”. Look at this part:
Share Alike: If you alter, transform, or build upon this music, you may distribute the resulting creation only under a license identical to this one.

Even if you alter the music, it has to be distributed under the same license, so it has to remain non-commercial.

Just contact the person who created the music, as long as you’re nice they should be happy to let you use their music for nothing more than giving them credit.