# What counts as commercial use of a sample?

> Any use mainly aimed at earning money or commercial advantage. For music that includes selling downloads, streaming on platforms that pay royalties, monetised YouTube or Twitch content, leasing or selling beats, sync placements, games and apps you sell, client work and advertising. Samples under non-commercial (NC) licences can't be used in any of those; they're fine for practice, study and projects that never earn anything.

Licensing guide, updated 2026-10-23. Selling, streaming for royalties, monetised videos, beat leases, sync and client work are commercial. How non-commercial (NC) licences apply to music.

## The definition

The Creative Commons NonCommercial licences define non-commercial as "not primarily intended for or directed towards commercial advantage or monetary compensation". The test is about the **use**, not about who you are: a hobbyist monetising a video is making commercial use, even though they are not a business. Creative Commons' own guidance adds that edge cases depend on the specific use, so when in doubt, ask the creator.

## Commercial for a producer

| Use | Commercial? |
| --- | --- |
| Selling a track or album, physical or download | Yes |
| Spotify, Apple Music and other royalty-paying streams | Yes |
| A monetised YouTube, Twitch or TikTok video | Yes |
| Leasing or selling beats, including free "tagged" beats | Yes |
| Sync: a track in a film, ad, game or podcast | Yes |
| Client or commissioned work | Yes |
| A sample pack you sell | Yes |
| Practising, studying, school projects | No |
| A free, non-monetised upload that promotes nothing | Usually not |

## Why it matters early

The problem with NC samples is timing. A sketch made for fun becomes a release, and the NC kick in it is now a licence breach. Replacing one sound late is easy; replacing a vocal chop that defines the hook is not. If there's any chance a track will be released, start with sounds cleared for commercial use.

Sound Server makes this a switch: **Commercial-safe** on the search page, `commercial=true` on the API, and the MCP default `commercial_only=true` for AI agents. Each result's verdict says why a sound was kept or left out.

## Questions

**Is a free SoundCloud upload commercial?**

A free, non-monetised upload is usually non-commercial. It becomes commercial if you monetise it, use it to sell something, or later distribute the same track to paid platforms, so replace NC samples before that happens.

**Is a beat I give away for free with a 'buy to use' tag commercial?**

Yes. A free beat that promotes paid leases is directed towards commercial advantage, so NC samples don't belong in it.

**What about a non-profit or charity project?**

Being a non-profit doesn't settle it: what matters is whether the use is aimed at commercial advantage or money. A charity's fundraising advert is still advertising. When in doubt, ask the creator or use a sound cleared for commercial use.

**Can I ask the creator for permission instead?**

Yes. A licence is a standing permission; the creator can grant you different terms directly, in writing. Many Freesound and ccMixter users are happy to be asked.

## Try it

- [Only commercial-safe results](https://sound.shep.bot/search?q=kick&category=drums.kick&commercial=true)
- [808s cleared for release](https://sound.shep.bot/search?q=808&category=bass.808&commercial=true)

## Collections

- [Free 808 samples](https://sound.shep.bot/samples/free-808-samples.md): Free 808 bass samples for trap, drill and hip hop, from clean sub booms to distorted glides, with key, length and a commercial-use verdict for each.
- [Free lo-fi loops](https://sound.shep.bot/samples/free-lofi-loops.md): Free lo-fi hip hop loops: dusty keys, jazzy guitar, mellow drums and tape-warped textures with BPM and key where known, and a licence verdict on every loop.
- [Free drum loops](https://sound.shep.bot/samples/free-drum-loops.md): Free drum loops for hip hop, house, trap, rock and lo-fi, with tempo where known and a licence verdict on each, ready to drop into a project at the right BPM.

## Related guides

- [Can I use Freesound samples in a commercial release?](https://sound.shep.bot/guides/freesound-samples-commercial-use.md): Yes for CC0 and CC BY sounds (with a credit), no for CC BY-NC, conditions for Sampling+. How to check a Freesound licence before you release a track.
- [Is BBC Sound Effects free to use in music?](https://sound.shep.bot/guides/bbc-sound-effects-for-music.md): BBC Sound Effects is free for personal, educational and research use under the RemArc licence, not for commercial releases. What that means for producers.
- [CC0 vs CC BY vs royalty-free samples: what's the difference?](https://sound.shep.bot/guides/cc0-vs-cc-by-vs-royalty-free.md): CC0, CC BY and royalty-free licences all allow commercial music, with different strings: credit, redistribution and who granted them. A plain comparison.
- [Sample clearance and Content ID: a producer's guide](https://sound.shep.bot/guides/sample-clearance-and-content-id.md): When a sample needs clearing (master and publishing), why no number of seconds is safe, and how to handle Content ID claims on sounds you may use.

## Sources

- [CC BY-NC 4.0 legal code, definition of NonCommercial](https://creativecommons.org/licenses/by-nc/4.0/legalcode.en#s1i)
- [Creative Commons FAQ: NonCommercial](https://creativecommons.org/faq/#does-my-use-violate-the-noncommercial-clause-of-the-licenses)

This guide is practical information, not legal advice.

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Source: https://sound.shep.bot/guides/what-counts-as-commercial-use