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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?

Some clarifications:

  1. 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.
  2. Those materials are already freely available on the owner website and on may other websites for free also.
  3. If anyone is wondering why I did not just contact the owner, I did so many times without any luck of getting any answer.
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  • What would the app be used to do? Something business related?
    – ohwilleke
    Commented Apr 5, 2019 at 22:03
  • @ohwilleke No, the app would be used for users entertainment. You may consider it as a music playing app. Commented Apr 6, 2019 at 6:02

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Yes, of course making money from it makes it commercial use.

Sometimes people use pre-written licenses that include language like that and if you do get a hold of the person who made the music they may have been using one of those pre-written licenses and not care if you use it, so try again.

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  • Thanks for your answer and suggestion! Commented Apr 6, 2019 at 6:03

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