Can I publish a DJ mix that uses Creative Commons-licenced music with the No Derivative parameter?
<p>If I record a DJ mix (in which songs are synced, layered and faded in and out) that contains Creative Commons-licensed track with the "No Derivative" parameter (for example, <a href="https://creativecommons.org/licenses/by-nc-nd/3.0/" rel="nofollow noreferrer">CC BY-NC-ND 3.0</a>), am I allowed to publish it to download on a website like the <a href="https://archive.org/" rel="nofollow noreferrer">Internet Archive</a>? Am I even allowed to publish it for streaming on a website like Mixcloud, like I would with a mix using standard "all rights reserved" music?</p>

<p>My example is <a href="https://www.mixcloud.com/GNTL/fma-mix-2017/" rel="nofollow noreferrer">this mix</a> I built from all CC-licensed tracks taken from the <a href="https://freemusicarchive.org/" rel="nofollow noreferrer">Free Music Archive</a>. I assume it is fine to put on Mixcloud as they seem to respect legal imperatives, redistribute royalties and do not allow downloading the recording. But does this mix actually constitute a derivative, and does a CC licence that includes "ND" allow for even less than a standard "all rights reserved" track?</p>

<p>Is it any different to a podcast which includes a CC-ND track (potentially with some fading, and even some talk over) and allows to download it?</p>

<p>If you modify the original in any way, that is a derivative work.</p>

creative-commons music