Does Crowdfunding make a game commercial?

[Kupotepo]

@bgillisp, I agree with you that if someone is breaching the contacts of artists or creators which said cannot use from a commercial game or a crowdfunding game. I recommend asking all of the artists who create those things for permissions which yes or no question.

I agree with you in the copyright infringement. When you are not sure, ask the copyright holders.

I might be confused because of something I might think about something different from you.

Sources: I am just finished the legal aspects of business

 

[bgillisp]

I think it is you are thinking about tax reasons and such more than anything there. Which is another mess I agree. After all, Activision-Blizzard paid $0 in taxes in 2018 and I think we'd all agree they make commercial games.

On another note: The asset use is mainly set by the artist. Law is slow to catch up with tech though so the only way to know if you could use art in a crowdfunded but released for free later game even if the artist says it is for non-commercial use only but you decide that crowdfunding is non-commercial still as your game is free in the end is to probably have that decided in a court of law somewhere.

Who knows, maybe there is a legal case already in the system working its way up in the courts to decide this for us. But most would rather play it safe and not spend the $$$ and time arguing it. I myself don't even touch any asset that says it is not free to use commercially even if the game is non-commercial as this way I don't have to worry about can I use the asset based on what I decide to do with the game in the end.