Derivatives, adaptations, remixes and collections

A major benefit of Creative Commons (CC) licences is that they allow users to adapt, revise and build on works without needing to seek express permission from the creator, provided attribution is given and other licence conditions are followed. These permissions can be used in any discipline or industry but are particularly useful and recognised as integral to the creation and sharing of Open Educational Resources (OER).

“Creative Commons, with a tagline of share, reuse, and remix, legally, is a critical infrastructure service for the OER movement providing free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. They can change the default copyright terms from “All Rights Reserved” to “Some Rights Reserved.” Atkins, D. E.; Brown, J. S.; Hammond, A. L. (2007). “A review of the open educational resources (OER) movement: Achievements, challenges, and new opportunities” [PDF 1.8 MB]. Report to The William and Flora Hewlett Foundation, retrieved 28/02/2025

The focus of this chapter is on licensing considerations when selecting resources to include in OER adaptations, remixes and collections. However, the same principles apply in all uses of CC licensed materials, not only OER.

Definitions

If you use CC licensed works in your assignment, research or teaching materials you are a licencee. If you create a new work and publish it with a CC licence you are a licensor.

If you reuse a CC licensed work in your own work and apply a new CC licence, then you are both a licencee AND licensor. The new licence you apply to the derivative work is called the adaptors licence.

Derivatives, adaptations and remixes

• Adaptations are changes to an original work where creative expression is added or the work is significantly altered.
• Remixes are combinations of two or more original works in a way that does not allow easy separation of the originals.
• Adaptations and remixes are both derivatives and cannot be published if the original work is licensed under a ND (No Derivative) licence.

The ND element only prohibits publishing or sharing of derivatives. Creating derivatives for private use is acceptable.

Recognising derivatives

Collections

A collection is a compilation of separate works presented together, such as a set of poems, songs, photographs or a mix of media like stories and illustrations. Examples also include anthologies, encyclopedias, and broadcast playlists. In research or teaching materials, graphics used to illustrate text from a different source is considered part of a collection.

In a collection, the individual works remain distinct and can be separated. This means works with NoDerivatives (ND) licences can be included provided they are not altered and they retain their original licences. However, it is important to be aware that including ND works in a collection may limit how downstream users can reuse and adapt the combined material.

A new work may include a combination of collection, adaptation and/or remix. Also, the distinction between them can be subjective and subject to legal interpretation.

Licensing considerations for adaptations

The original licence always applies to the work used in your adaptation. The licence you choose for your own creative contribution is called the adaptor’s licence. Users have to comply with the licence of the original work and with your adaptor’s licence; therefore, the licences must be compatible.

Table 6.1: Compatibility of adaptor licences with original Creative Commons Licences

Table 6.1 shows which CC adaptor licences (top row) are compatible with the original licence (first column on the left). A tick ‘✓‘ means the licence in the top row can be applied to an adaptation of a work with the original licence in the first column. A cross ‘✘’ means the licence in the top row is not compatible with the original licence in the first column.

Licensing consideration for remixes

When reusing more than one original work in your new creation, licences of the different originals must be compatible so downstream users can use your adaptation without breaching licence conditions of any of the originals.

Table 6.2: Compatibility of Creative Commons Licences for remixing multiple works

Table 6.2 shows which CC licences are compatible when combining two or more original works. A tick ‘✓‘ means  a work with the licence in the top row can be remixed with another work with the licence in the first column. A cross ‘✘’ means the licence in the top row is not compatible with the licence in the first column.

• Works with NC can be mixed with other works, but the adaptors licence for the derivative work should be NC, therefore BY-NC should not be remixed with BY-SA.
• If a remix includes an original work with a SA licence, the adapters license must have the same SA licence, therefore CC-BY-SA cannot be remixed with CC-BY-NC-SA.
• Works with ND cannot be remixed with other works.

Licensing considerations for collections

The individual works in a collection retain their original licenses. The copyright and licence for the collective work only applies to new portions of the work or the layout and organisation of the collection as a whole. Works with NC licences should not be used in collections used for commercial purposes.

Table 6.3: Use of Creative Commons licenced works in collections

Table 6.3 shows that works with different licences can be used in a collection, but if the collection is used commercially -NC licenced originals should not be included.

Watch Creating OER and Combining Licenses -Full by TheOGRepository [YouTube 9:16 mins] CC BY 3.0

Licensing © ‘all right reserved’ material with permission

If you want to include material that is not released under a CC licence and is not in the public domain, you will need to get written permission from the copyright owner.

• When seeking permission, make it clear that you plan to apply a CC licence to the final product. Also include a description of any changes or adaptations you wish to make and explain how the work will be used and circulated.
• If you obtain permission to use third party material in your work, but not to apply a CC licence include © Copyright owner name (date if known) and ‘reproduced with permission’  in your attribution.
• If the copyright owner has given permission to reproduce and licence the work then include ‘licenced with permission’ and the copyright owner’s name.
• Follow any specific attribution requests included with the permission.

For more information see Requesting permission to reuse copyright material library guide. A template letter for permission to use copyright work in an OER is included.

  Keeping a record of licences and permissions

If you plan to reproduce, adapt, remix or revise works licensed under CC you will need to keep clear records to ensure proper attribution and compliance with the licence terms.

It is also useful when selecting content for adapting and remixing to note licences to make sure your selected sources have compatible licences.

At the minimum you need:

• a record of the title, author, source and licence for attribution.
• a record of any changes or alterations for an adaptation statement.

For suggested content tracking tools and spreadsheets see the OER project management libguide.

Check your understanding

Alternative format: OA licences-Adapting&Remixing (Google docs) ↗