Hey guys, I was wondering, if a song is under a Creative Commons: Attribution-Non Commercial-Share Alike license, would putting a derivative work on BandCamp or similar and having a name your price with no minimum (as in you can get it for free) count as "Commecial"? Because technically the album/song is free and you're just accepting donations.
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Michigan
What are you worried about? Is the song yours or are you making more than $5000 a year and hoping to avoid tax?
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St. Charles, MO
The song wouldn't be mine, I want to remix an Attribution-Non Commercial-Share Alike song and release it on an upcoming EP on BandCamp and allow people to get the album for free or donate if they choose (because who doesn't like to make an extra buck every once in a while). I'm just wondering if this would count as commercial or not.
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Riverside, CA
I'm pretty sure if what you're doing brings in any sort of money it counts as "commercial".
Realistically, the worst that'll probably happen is the original artist emails you about it but the RIAA won't be coming after your first born.
I release all of my music under the same license but if someone emailed me asking to have their remix available for donation I'd be fine with it. 
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NYC
I think it would technically count as being commercial, since money is an option. Some people will probably be OK with it though, while others might not. It would be a good idea to contact the creators 1st & ask their permission.
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Lun-dun
After all the furore over theft of people's rights to music recently I would probably say that taking money for your remix is wrong if you don't have permission.
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Nomad's Land
Any potential collection of revenue through 3rd parties (bandcamp) is disallowed under CC-NC-SA terms. So yes, this would constitute a breach of license.
Ed. Just checked again and it seems the rules have changed in Version 4.0. But I'm pretty sure the track in question is licensed under 2.0 or 3.0, so the above still applies.
Last edited by irrlichtproject (Dec 7, 2013 11:24 am)
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Gosford, Australia
also if it's BY-NC-SA then your derivative work needs to be shared under a BY-NC-SA license as well
safest way is to release it for free, or just ask the artist(s)
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Sweden
ShinigamiMachine wrote:
Hey guys, I was wondering, if a song is under a Creative Commons: Attribution-Non Commercial-Share Alike license, would putting a derivative work on BandCamp or similar and having a name your price with no minimum (as in you can get it for free) count as "Commecial"?
Yes
ShinigamiMachine wrote:
Because technically the album/song is free and you're just accepting donations.
No
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St. Charles, MO
Okay thanks for all your answers. Now I won't get sued xD