[cc-community] music under CC ...-ND as background music in a game?

Mike Linksvayer ml at creativecommons.org
Mon Feb 20 12:54:32 EST 2012

On Mon, Feb 20, 2012 at 9:34 AM, Bernd Buschinski
<b.buschinski at googlemail.com> wrote:
> The website jamanedo provides music under CC and I was wondering if I could
> use it for a non-commercial opensource game as background music.

Depending on what you mean by "non-commercial opensource" it could be
a misnomer. Also using non-free media might preclude packaging in some

I presume you're asking about the license of a specific track, but of
course Jamendo includes music under various licenses
http://www.jamendo.com/en/creativecommons -- also see the search box
on the right with license filter.

> The website says:
> "No Derivative Works — You may not alter, transform, or build upon this work."
> As I am "just" using it as background music I will not alter or transform it,
> and I would not call the game is build upon the music. Correct?
> Or does a dynamic fade-out already counts as "alter"? Like a level is finished
> early and the music stops playing early?
> Ah yes, this is not a Sing Star or Guitar Hero game, more like another XYZ
> egoshooter, so the music can be replaceable without any affects on the game.

I don't know if a dynamic fadeout, or for that matter not playing the
whole track, gets into adaptation territory. You should also be aware

  For the avoidance of doubt, where the Work is a musical composition
or sound recording, the synchronization of the Work in timed-relation
with a moving image ("synching") will be considered a Derivative Work
for the purpose of this License.

in in https://creativecommons.org/licenses/by-nc-nd/2.0/legalcode 1(b).


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