I am producing music for an artist. He is making a 10 minute video.
I want to use a sample that is under this license:
Attribution-NonCommercial 3.0 Unported
Can I use this sample as long as I mention where it comes from in the credits ?
In other words:
Is an artistic video to be seen as a commercial work or not ?
As the definition states ('non-commercial'), you are not to use this sound in commercial works regardless of attribution.
This is the strictest CC license chosen, however, you may contact the user and ask them for permission to modify the terms for your particular works. If the user agrees, keep record of the communication.
Depends. If you or the artist is going to make money off the video then you can't use it. But if no money is to be made then you can use it as long as you attribute the creator.
By definition it is with the intention of making money.
1.of, pertaining to, or characteristic of commerce.
2.engaged in commerce.
3.prepared, done, or acting with sole or chief emphasis on salability, profit, or success: a commercial product; His attitude toward the theater is very commercial.
4.able to yield or make a profit: We decided that the small oil well was not commercial.
5.suitable or fit for a wide, popular market: Communications satellites are gradually finding a commercial use.
Therefore, CC-ANC denies the use of works within a piece of media where in any case it is possible, and has potential for financial gain.