Re: [Label] Trekkie Trax
That's a good point.
"Promotional value: What if a music website does an entire promotional campaign around distributing an artist’s noncommercially-licensed work, greatly increasing traffic and therefore advertising" (pg.34)
"However, virtually all creators agree that a noncommercial use is one in which “no money changes hands.” Many then add that for a use to be truly noncommercial, there should also be no indirect commercial gain. Yet everyone recognizes that indirect commercial gain may be impossible to avoid – and may accrue to the creator as well as (or instead of) the user. Many group participants noted that there are promotional and thus potentially economic or commercial advantages to creators in connection with releasing content freely for noncommercial use. For these creators, “credit” for permitting noncommercial use is very important, and the question of attribution is something that gets factored into their consideration of when a use is acceptable. For example, attribution is often more important to artists and programmers than protecting particular content that might have some economic value, sometimes but not always on the theory that attribution may ultimately lead to overall greater commercial gain. This suggests that the CC license attribution requirement may be an important factor in at least some creators’ understanding/perception of the NC license term. At the same time, some participants noted that users can derive promotional advantage from use of others’ works, and wondered when “promotional” becomes “commercial” advantage. As a practical matter, many seem to consider noncommercial use as having minimal or indirect commercial impact, rather than absolutely no commercial impact." (pg.35)
(http://mirrors.creativecommons.org/d...fullreport.pdf)
tl;dr It's ok to use their songs in a non-profit game as long as it is not used to promote the game itself.
So yeah, we're fine.
edit : expanding on that
-Page 171 asks for a definition of noncommercial use, the top 2 answers : 33% The work would be used by an individual, 13% The work is used for fun, enjoyment, entertainment purposes, artistic reasons, etc.
-Page 180 : Is it noncommercial if the work would be used by a non-profit : ~43% definitely a noncommercial use, ~18% definitely a commercial use, ~39% can't say.
Is it noncommercial if no money would be made from the use of work : ~65% definitely a noncommercial use, ~6% definitely a commercial use, ~29% can't say.
That's a good point.
"Promotional value: What if a music website does an entire promotional campaign around distributing an artist’s noncommercially-licensed work, greatly increasing traffic and therefore advertising" (pg.34)
"However, virtually all creators agree that a noncommercial use is one in which “no money changes hands.” Many then add that for a use to be truly noncommercial, there should also be no indirect commercial gain. Yet everyone recognizes that indirect commercial gain may be impossible to avoid – and may accrue to the creator as well as (or instead of) the user. Many group participants noted that there are promotional and thus potentially economic or commercial advantages to creators in connection with releasing content freely for noncommercial use. For these creators, “credit” for permitting noncommercial use is very important, and the question of attribution is something that gets factored into their consideration of when a use is acceptable. For example, attribution is often more important to artists and programmers than protecting particular content that might have some economic value, sometimes but not always on the theory that attribution may ultimately lead to overall greater commercial gain. This suggests that the CC license attribution requirement may be an important factor in at least some creators’ understanding/perception of the NC license term. At the same time, some participants noted that users can derive promotional advantage from use of others’ works, and wondered when “promotional” becomes “commercial” advantage. As a practical matter, many seem to consider noncommercial use as having minimal or indirect commercial impact, rather than absolutely no commercial impact." (pg.35)
(http://mirrors.creativecommons.org/d...fullreport.pdf)
tl;dr It's ok to use their songs in a non-profit game as long as it is not used to promote the game itself.
So yeah, we're fine.
edit : expanding on that
-Page 171 asks for a definition of noncommercial use, the top 2 answers : 33% The work would be used by an individual, 13% The work is used for fun, enjoyment, entertainment purposes, artistic reasons, etc.
-Page 180 : Is it noncommercial if the work would be used by a non-profit : ~43% definitely a noncommercial use, ~18% definitely a commercial use, ~39% can't say.
Is it noncommercial if no money would be made from the use of work : ~65% definitely a noncommercial use, ~6% definitely a commercial use, ~29% can't say.




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