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OER Background: Creative Commons (CC) - Licensing and OER
DISCLAIMER: Material provided is only intended as a guide. This guide is not a substitute for professional legal advice.
"An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations."
A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works. Another common type of derivative work is a “new edition” of a preexisting work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work.
To be copyrightable, a derivative work must incorporate some or all of a
preexisting “work” and add new original copyrightable authorship to that work. The derivative work right is often referred to as the adaptation right.
No. "CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license."
"Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.
This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work."