Copyrights of material that would be used for both commercial and non-commercially
<p>I want to include some audio materials in a mobile app that I am developing. </p>

<p>Those audio materials are "free to use or redistribute for <strong>non-commercial use</strong>". My app is free but I will put Ads. Furthermore, the mobile users can upgrade their account to premium (and pay fees) so they can listen and download more Audio materials monthly.</p>

<p>Am I allowed to include those materials in my app? 
Does the fact that I gain money from Ads or from premium users (which they have access to exactly the same materials but with bigger traffic) makes my case <strong>commercial-use</strong>?</p>

<p>Some clarifications:</p>

<ol>
<li>I am not selling this content directly and will never claim the ownership of them. I will just put the content on a server (owned by me) and give access to my both free &amp; premium users.</li>
<li>Those materials are already freely available on the owner website and on may other websites for free also.</li>
<li>If anyone is wondering why I did not just contact the owner, I did so many times without any luck of getting any answer.</li>
</ol>

<p>Yes, of course making money from it makes it commercial use. </p>

<p>Sometimes people use pre-written licenses that include language like that and if you do get a hold of the person who made the music they may have been using one of those pre-written licenses and not care if you use it, so try again.</p>

copyright licensing