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Collections vs. Adaptations Using CC-licensed Works

Distinguishing Adaptations vs. Collections

An adaptation modifies, transforms, or remixes an original work to create something new, such as rewriting a story in a different setting or editing an image to change its meaning. In contrast, a collection simply gathers separate, independent works without altering them, like assembling a set of poems in an anthology or placing multiple photos in a slideshow. The key difference is that adaptations change the original work, while collections preserve each work’s original form. This distinction is important in copyright law, as adaptations may require special permissions, whereas collections allow each work to retain its original license.[1]

A collection is a grouping of discrete works into one work such that each component work is distinguishable from one another. Examples of collections include:

  • An anthology of short stories
  • A series of photos
  • A music album
  • A book of sheet music containing a dozen pieces

Collection Licensing Considerations: 

If you selected 15 openly licensed songs, downloaded the audio files for them, arranged them in a particular order in one big file, and then released this file to the world, you would have a collection that you could openly license. This license would apply to the particular order of the songs, and if you released physical versions of the album as CDs and designed original cover art for the CD cases, you could also license the cover art. But you would not own the copyright to or be able to change the license for any of the individual songs on the CD: the original Creative Commons license applied to each song would still be in effect, and the copyright would still belong to the licensor. You would also need to comply with the terms of each song’s license and provide attribution for each copyright owner.

The illustration below of vinyl albums, 14″ and 7″ discs, and CD-ROMs form a collection because they were simply gathered and organized into separate, independent works without modifying them. Each album or disc retains its original form, content, and meaning—nothing has been altered, remixed, or transformed into something new. In contrast, an adaptation or remix would involve changing the music, such as mixing tracks together, adding effects, or re-recording parts. Since this grouping preserves each work’s original form, it remains a collection, not an adaptation.

 

Elberth Vinyl Albums Discs the 14″, 7″ and CDs ROM, CC BY 3.0, via Wikimedia Commons

 

All Creative Commons licenses permit works to be incorporated into collections. That’s right: because a collection does not count as a derivative work, you may even include in your collection a work carrying a CC BY-ND or CC BY-NC-ND license. The NoDerivatives element of the license means that modified versions of the work may not be shared, but reproducing the work in whole is completely legal, so you may add an ND work to a collection.[2]

Remixes, Adapted Works, and Derivative Works

A remix, adapted work, or derivative work is a new creation that builds upon an existing work by modifying, transforming, or combining it in a meaningful way. This could include changing a song’s beat, rewriting a story in a different setting, or turning a painting into an animated version. These works take inspiration from the original but add something new, making them different from simple copies or collections. Depending on the original work’s copyright or license, creating adaptations may require permission or specific licensing conditions.[3]

Many musicians choose to release their songs under Creative Commons licenses, which give you the legal right to remix them and use samples from them in your musical creations for free.

Can I remix or sample any song with a CC license on it?

Almost — you need to make sure that what you want to do with the music is OK under the terms of the particular Creative Commons license it’s under. CC-licensed music isn’t free for all uses, only some — so make sure to check out the terms (you can find these by clicking on each song’s license icon).

For instance, many tracks are licensed under one of CC’s noncommercial licenses. A noncommercial license allows you to use a creative work for free, as long as you aren’t doing so for commercial purposes. In short, any use that you make money from is a commercial use.

Most importantly, you need to use music that is not licensed under a NoDerivs license. This means that the musician doesn’t want you to change, transform, or make a derivative work using their music. Under CC licenses, remixing and sampling amounts to transforming the music, so you can’t legally remix or sample a song under a CC NoDerivs license.[4]

ccMixter is a community music remixing site featuring remixes and samples licensed under Creative Commons licenses. It allows users to listen to, sample, and remix audio. Users can also post their remixes on the site. Listen to an example of a remixed song that uses samples from many other sources – view the song’s remix history chart here.

Electric Feelings by Apoxode Licensed under Creative Commons Attribution Noncommercial (4.0)

 




Licensing Considerations for Remixes & Adapted Works 

Before remixing or adapting a work, keep these key points in mind:

1. Check the License – Not all works allow changes. If a work has a NoDerivatives (ND) license, you cannot remix or adapt it.
2. Follow ShareAlike (SA) Rules – If the work has a ShareAlike (SA) license, your remix must use the same license as the original.
3. Give Credit – Creative Commons (CC) licenses require you to credit the original creator.
4. Watch for NonCommercial (NC) Limits – If a work has an NC license, you cannot use your remix for commercial purposes.
5. Public Domain is Free to Use – If a work is in the public domain (CC0 or expired copyright), you can remix it without restrictions.
6. Mixing Licenses Can Be Tricky – Some licenses cannot be combined. Make sure all works you use are compatible before remixing.

Final Tip: Always check the license before remixing. When in doubt, get permission or use works that clearly allow adaptations.[5]

Compatibility When Mixing Licenses 

When people talk about licenses being “compatible,” they may be referring to several different situations.

One consideration relates to compatibility with previous versions of specific licenses. For example, all SA licenses after version 1.0 allow you to use a later version of the same license on your adaptation. For example, if you remix a BY-SA 2.0 work, you can, and should, apply BY-SA 4.0 to your adaptation.

Another type of license compatibility relates to what licenses are compatible when adapting (more commonly referred to as “remixing” in this context) more than one pre-existing work. The remix chart below may be a helpful guide in these circumstances. To use the chart, find a license that applies to one of the works on the left column and the license that applies to the other work on the top right row. If there is a checkmark in the box where that row and column intersect, then the works under those two licenses can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies.[6]

Click on the chart to enlarge

image

Mzeinstra, Tabel Kompitable Lisensi CC, via Wikimedia Commons CC0 / Image size reduced


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