I want to include some audio materials in a mobile app that I am developing.
Those audio materials are "free to use or redistribute for non-commercial use". My app is free but I will put Ads. Furthermore, the mobile users can upgrade their account to premium (and pay fees) so they can listen and download more Audio materials monthly.
Am I allowed to include those materials in my app? Does the fact that I gain money from Ads or from premium users (which they have access to exactly the same materials but with bigger traffic) makes my case commercial-use?
- I am not selling this content directly and will never claim the ownership of them. I will just put the content on a server (owned by me) and give access to my both free & premium users.
- Those materials are already freely available on the owner website and on may other websites for free also.
- If anyone is wondering why I did not just contact the owner, I did so many times without any luck of getting any answer.