I'm designing the sound for my college's production of Angels in America. I was looking for rumble-y earthquake type noises to layer into an apocalyptic-type crashing as the angel appears to Prior at the end of Part I when I found this site. Because tickets will be sold, I'm fairly certain it counts as a commercial purpose.
-So if I want to use sound files from here, I will not be able to use an entire work without sampling or mashing it first? (since it would be used for a commercial theatre production, and thus need to be "creatively transformed" before use)
-Is sampling just using a part of a work? Is there a specific percent the sample has to be? (like 50% or less of the work to be defined as a sample as opposed to just chopping off 5% of the total length and calling it a "sample"
-In the same vein, how much "mashing" would be required? And what exactly does it mean by mashing? Would a change in pitch, tone, intensity, etc., be enough?
-In every program distributed, there will need to be attribution to whatever files I sample or mash?
For instance, if I wanted to use this sound (http://www.freesound.org/samplesViewSingle.php?id=19994) as part of the cacophony of the descent, I would need to insert "This production uses the following sound from Freesound (http://www.freesound.org): tremor from Marec" into the program, right?
Some people argue that you are creatively transforming it by using it in the way you do.
Honestly when unsure about things like this, the safest bet would be to try and contact the sample creator and ask him if you can use it in the way you describe. The way you describe how your crediting it sounds good.
By the way, thanks for the clarification. I hadnt read VI.B.5 of the constitution very carefully.