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Legalese help - free to use or not

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Ive found a site where there are really good ambient tracks but I dont get if they are free to use in a game or not.
Probably thats only my bad english. Here it is:

http://creativecommo.../sampling+/1.0/


You are free:

  • To sample, mash-up, or otherwise creatively transform this work for commercial or noncommercial purposes.
  • To perform, display, and distribute copies of this whole work for noncommercial purposes (e.g., file-sharing or noncommercial webcasting).

    Under the following conditions:

    • You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
    • You may not use this work to advertise for or promote anything but the work you create from it.

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Reading the actual license text rather than the summary is a good idea:


In the case of music it clearly states : In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.

Thus you're most likely not allowed to use music under such a license in a commercial game, (You are however allowed to use parts of such a music track as samples when creating a new piece of music which you can then use in a game).

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Reading the actual license text rather than the summary is a good idea:


In the case of music it clearly states : In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.

Thus you're most likely not allowed to use music under such a license in a commercial game, (You are however allowed to use parts of such a music track as samples when creating a new piece of music which you can then use in a game).


Thanks! Thats a no for the whole "music" but yes for the sounds in the music ....I guess. Im gonna read it through again.

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If you want to be completely sure, the easiest method is always to simply ask the owner if possible. smile.png

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This is why I think Sampling+ is a bad licence (and thankfully it's now been retired by CC) - it's not clear what counts as a "transformation" or "sample".


In the case of music it clearly states : In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.
But note that it's _or_ transformation - i.e., transforming is only one of the possible options. The full section says:

"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 one could still surely argue that a sample or music is an insubstantial portion of something like a game. (Note also that the summary talks about sampling - which *is* a direct copy, but the idea being a sample would be an insubstantial part of the derivative work.)

Though, I still agree that it's better to avoid licences like this altogether, simply because it's so unclear. There are many Free licences out there (Sampling+ is not Free/Open Source).

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