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Is this considered non-commercial use?

edited April 2014 in General
The first sentence is a run-on, bare with me.

If one were to release their iOS app for free (that's $0 people) and used someone else's work (provided the person was only allowed to use it for ***non-commercial*** purposes as stated by the license), the app releaser would be able to distribute his app and not get in trouble. Correct? (I am referring to Creative Commons 3.0, I do believe)

Now, using that philosophy, would one still be allowed to use the work (...for non-commercial purposes) if one implemented in-app purchases?

Personally, I can't 100% say we're selling the game itself. It's more like a " "free"-to-play game with in-app purchases", as most companies would like to label it. Real quick, allow me to define Non-Commercial use in games:

"Noncommercial Only - this music can be used for free in non-commercial projects, but if you plan to sell your game the music can be licensed for a small fee"
(As stated in flowlab's blog)

The scenario: The game itself is $0.00, but there are in-app purchases. So I'm honestly confused? If I were to release the app for free, but provide in-game purchases, how could I say that I "plan to sell [my] game"?

So all in all, if I were to release an app for free (on the Apple Marketplace) and provide in-app purchases, would I get in trouble? Even if I gave credit to the author in the game's credits?

What do yall think? I think I'm over-thinking this, but just want to be safe

Comments

  • Think of it this way. The in-app purchases cannot be connected to the copyrighted objects. This is more of a "ask the developer" type question.
    Technically, it's illegal to even DRAW Mario or Sonic.
  • If you have any concerns, you could contact the artist in question and ask them directly I suppose.

    For now, it is probably safe to use while in development - at least up until the point when you start selling things. Once you decide to start charging money, then you can either get permission, license the music, or swap it out. Either way I wouldn't worry about it until you need to.
  • -it's illegal to even DRAW Mario or Sonic.

    ...I like the way you describe that. I really do.
  • Well it may be true, but they don't care, as long as you aren't making money off of it. I am using music given permission, but I will still change it out for my own if I get to it. Hm... Think like Guitar Hero, if the game is good, people look up the music, so be sure to credit the music with a [Now Playing] bar or something.
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