Freesound Forums

Hi,

We are wanting to use some audio sound effect for our video game we are working on. The sound effects are released under Creative Commons - Sampling Plus 1.0 license.

Our business model is such that anyone can download the client (including these sound effect samples) and play our game for free. However, a user can pay a monthly fee to access some aspects of our game that are exclusive to paying users. Could you give your feelings on whether this commercial model violates the no commercial usages terms of distribution.

I have a feeling it does but I wanted other people's more expert opinions.

Thanks.

- bram

Quick question about the CC sampling license that files are distributed under on this site. It says that if you "sample, mash-up, or otherwise creatively transform (the) work" you are allowed to use the sounds for commercial and non-commercial uses. Of course attribution is required. The second line states you can "perform, display, and distribute copies of this whole work for noncommercial purposes (e.g., file-sharing or noncommercial webcasting)." Again with attribion of course. I guess the determining factor is whether or not you "sample, mash-up, or otherwise creatively transform the work". But who is the one who determines how mashed up or sampled or changed the work has to be before it can be used commercially. This seems like a thin line to walk. If anyone else can explain this better or tell me what I am not understanding that would be most helpful. I am curious as to how this whole thing works with commercial, non-commercial distribution.

Bram

as far as I know there is no problem doing this as long as you CREDIT the samples.

- bram

Thanks Bram for the reply. I appreciate it!

I'm sorry I wasn't clear in my first message. There sound effects are from the FreeSound Project which of course uses the license referenced. So I assume your (non-legal/lawyer) opinion still remains the same?

Yes, we certainly would credit the creator(s) in-game or in an accompanying text document included with the game.

I sent my situation with the freesound project's CC license to my friend who is a copyright lawyer and he said they way the CC sampling plus 1.0 license is worded, we could be in violation of it. But that was only his casual advice. He didn't do any research on the subject.

Anyone else have an option or experience that is similar to my situation? Again thanks.

I tend to agree with your lawyer friend...

the way sampling+ (we are going to DROP sampling+ in freesound 2.0 for this reason) words the legal issues makes it a bit difficult:

Your Derivative Work(s) must only make a partial use of the original Work, or if You choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work.

so it all boils down to the words "insubstancial portion"... the implications of which I will leave to your lawyer friend - or a judge

- bram

Bram
I tend to agree with your lawyer friend...

the way sampling+ (we are going to DROP sampling+ in freesound 2.0 for this reason) words the legal issues makes it a bit difficult:

Your Derivative Work(s) must only make a partial use of the original Work, or if You choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work.

so it all boils down to the words "insubstancial portion"... the implications of which I will leave to your lawyer friend - or a judge

- bram

lol Ya, how can that portion be compared to the entire "work" which is a full video game (http://starsonata.com)? That doesn't really make sense to me. :?

I was more focusing on section d. Noncommercial sharing of verbatim copies permitted. parts i & ii

i. You may reproduce the Work, incorporate the Work into one or more Collective Works, and reproduce the Work as incorporated in the Collective Works. You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including or incorporated in Collective Works.

ii. You may not exercise any of the rights granted to You in the paragraph immediately above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.