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Open Educational Resources

Collections, remixes, adapted works, oh my!

Let's start by defining some terms:

  • Collection: Putting together a number of CC-licensed works to create a new work, but maintaining each individual component as separate, distinct pieces; for example, selecting chapters of an open textbook to combine into a new textbook but keeping the chapters intact as an intellectual unit
  • Remix / Adaptation / Derivative Work: Combining one or more CC-licensed works into a new, original work where the original components cannot be separated/identified; for example, creating a film based on a CC-licensed novel

A useful analogy by Nate Angell on TV dinners vs smoothies.

Canada has a lower threshold of originality than some other countries. Originality requires "an exercise of skill and judgment" (CCH Canadian Ltd. v. Law Society of Upper Canada). For more detail, read The Evolution of Originality in Canadian Copyright Law: Authorship, Reward and the Public Interest by Cary J. Craig.

Writing an attribution statement

T = Title

A = Author

S = Source

L = License

Examples and more information from the Creative Commons wiki

Collections - Licensing considerations

Do I have to follow the Share Alike (SA) license term of my source material?

The SA term only applies if you are adapting a work. If your reuse does not constitute an adaptation, you don't need to share alike.

What if my source material has a no-derivatives (ND) license term?

If you are incorporated an unadulterated excerpt, it only creates an adaptation if the new work can be said to built upon or be derived from the original work. Using the excerpt as an example to explain an idea is not an adaptation. 

What if my source material has a non-commercial (NC) license term?

You must apply a license with NC terms to your collection.

Do I own the copyright?

You only own the copyright in the original elements that you created, e.g. the selection of the works or excerpts and any text you write such an introduction. To make clear that you do not own copyright for the whole work, you should include an attribution (TASL) statement for each element you re-used.

Can I use CC-licensed works with different licenses?

Yes, as long as you include an attribution (TASL) statement for each work you used. 

Remixes - Licensing considerations

Do I have to follow the Share Alike (SA) license term of my source material?

Yes, the SA term applies if you are adapting a work. You need to license your work under the same or a compatible license. See this description of SA Compatibility.

What if my source material has a no-derivatives (ND) license term?

You can create an adaptation privately but you cannot share it.. 

What if my source material has a non-commercial (NC) license term?

It's not technically required, but CC recommends that you apply a license with NC terms to your remix.

Do I own the copyright?

You only own the copyright in the original elements that you created. To make clear that you do not own copyright for the whole work, you should include an attribution (TASL) statement that tells people what your new work was derived from.

Can I remix multiple CC-licensed works?

This chart from Creative Commons shows you what materials can be remixed and shared. The Adaptor's License Chart below shows what licenses can be applied to the derivative work based on the license(s) of the original work. 

Adapter's license chart by Creative Commons is licensed under CC BY 4.0.

Copyright

Unless otherwise noted, this guide by Capilano University Library and is licensed under CC BY