What does non-commercial mean? page 2

42 posts

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Originally posted by Rivaledsouls:

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.

Having never actually read NewGround’s licensing stuff:

Meh.

 
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Originally posted by Draco18s:
Originally posted by Rivaledsouls:

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.

Having never actually read NewGround’s licensing stuff:

Meh.

that won’t hold up in court…

 
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Originally posted by BobTheCoolGuy:

“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.

Well, as I understand it Newgrounds applies the terms differently to when you use their collection within Newgrounds, and when you just follow the CC license and use the stuff elsewhere. Or maybe not, but I was under that impression

That said CC-BY-NC-SA is a really bad choice anyway, and they ought to change it as soon as possible. The license is pretty cut and dry in stating that “synching of audio in relation to a moving picture” counts as a derivative work, and therefore, you must share THE ENTIRE MOVIE as share-alike. That’s right, folks, drop that music into your movie and now the community gets to cut your movie up and use it! We really need a better license for music intended to be incorporated into other works, something like an “LGPL for music” (where Oliver Stone wouldn’t have to share his 2 hour 30 minute masterpiece feature film just because 3 minutes of it contains some thump-thump-thump noises a 16-year-old made in frooty loops). We ought to have a license that compels you to share the changes you make to the song, but not the whole work you drop it into (game) or synch it up to (movie), much like the LGPL compels you to share your changes to the LGPL’d portion of the code (a library) but not the larger work that it constitutes a smaller part of (your massive commercial game or engine)

I know, I know, “herp de derp, just don’t use it, or go ahead and ask for special permission”. That’s not the point of the commons, though. Misapplied tags pollute the commons and undermine its mission.

that won’t hold up in court…

Is that your official opinion as a lawyer? He quoted a line from the Creative Commons license. If you want to tell the CC foundation lawyers that drafted it that their legal document won’t hold up, I’m sure they’re interested in your alternate legal theory.

 
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Originally posted by BobTheCoolGuy:

“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.

Then I think it’s safe to assume I can use their music in my games without having to ask permission…

 
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Originally posted by parallactic_acid:

that won’t hold up in court…

I also don’t use NewGrounds stuff. Hence why I’ve never read any of the ToS.

Personally I hate NewGrounds. There’s a gem here and there, sure, but collectively I hate the site. It has this elitist attitude and I for one don’t care for it.

 
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Originally posted by Draco18s:
Originally posted by parallactic_acid:

that won’t hold up in court…

I also don’t use NewGrounds stuff. Hence why I’ve never read any of the ToS.

Personally I hate NewGrounds. There’s a gem here and there, sure, but collectively I hate the site. It has this elitist attitude and I for one don’t care for it.

yeah, I dont really like the site, I like the audio :)

 
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Can still make a video about game for free not sell it?

 
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Originally posted by Syurba:
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

Yup, this. Since the musician owns the music, if you contact them and say “hai, I want to use this for a commercial game. Let’s work something out!” then (assuming you work something out) you’re perfectly okay to use it in your commercial game.

Correct me if I’m wrong.

 
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I actually haven’t used Newgrounds music lately because I think it’s a little shady. Even if you get permission from the artist, you still download the music under a CC license from Newgrounds. The non-commercial condition can’t be waived unless you get written and signed permission from the artist.

I am a perfectionist though. It’s probably not an issue. It’s not like the artist is going to come after you or even care. But still it’s a little shady as you’re downloading under the CC license.

 
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Originally posted by GameBuilder15:

Even if you get permission from the artist, you still download the music under a CC license from Newgrounds. The non-commercial condition can’t be waived unless you get written and signed permission from the artist.

Are you kidding? There’s no requirement for it to be “written and signed.”

A Creative Commons license is nothing more than conditional permission given to the entire world. The artist is still free to offer permission under other licenses or to approve specific usages.

Perhaps more to the point, CC licenses are not terms you agree to. They are not contracts that you are bound to as soon as you download. (Edit: ok, the preceding sentences were false, but the rest stands.) They’re just a set of permissions available to anyone who wants to use the work legally.

(Interesting fact: Newgrounds appears to have revised their audio submission terms, but there still doesn’t seem to be anything about agreeing to release the work under CC-BY-NC, so legally, the songs there might still be “all rights reserved,” regardless of what Newgrounds claims. Don’t quote me on this, though. It might be in the site-wide ToS or something.)

 
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Originally posted by player_03:
Originally posted by GameBuilder15:

Even if you get permission from the artist, you still download the music under a CC license from Newgrounds. The non-commercial condition can’t be waived unless you get written and signed permission from the artist.

Are you kidding? There’s no requirement for it to be “written and signed.”

Read the legal code, not the “human-readable summary.”

 
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If you have permission from the artist to use the work differently, you clearly aren’t downloading it under the CC license, and therefore the terms of it don’t apply.

 
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Originally posted by saybox:

If you have permission from the artist to use the work differently, you clearly aren’t downloading it under the CC license, and therefore the terms of it don’t apply.

I wouldn’t say that if the artist didn’t clarify.

 
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Originally posted by GameBuilder15:
Originally posted by player_03:

Are you kidding? There’s no requirement for it to be “written and signed.”

Read the legal code, not the “human-readable summary.”

The text of the Creative Commons license has no bearing on this. The ability to give permission is granted by copyright law, and CC licenses cannot and do not take that ability away.

 
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Originally posted by player_03:
Originally posted by GameBuilder15:
Originally posted by player_03:

Are you kidding? There’s no requirement for it to be “written and signed.”

Read the legal code, not the “human-readable summary.”

The text of the Creative Commons license has no bearing on this. The ability to give permission is granted by copyright law, and CC licenses cannot and do not take that ability away.

Of course the artist can let you use his song. But if you’re still downloading from Newgrounds under the CC license then I’m guessing it’s still valid, unless if you get written and signed permission saying all the conditions are waived.

My dad’s a lawyer. He said it probably wouldn’t be a problem but it’s better to use other music, like Kevin MacLeod’s.

 
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Originally posted by GameBuilder15:

downloading from Newgrounds under the CC license

gotoAndRead(earlierPost);

And if you’re concerned about the parts of the license that say, “BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE” and “No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent,” let me quote two other sections:

ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.”
“Nothing in this License is intended to reduce, limit, or restrict any […] exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.”

 
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I see what you’re saying. I didn’t think of it like that before. My dad didn’t actually read the CC license; I just told him about it, and I’m not a lawyer so I probably was wrong.