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, CC BY-NC-ND 3.0), am I allowed to publish it to download on a website like the Internet Archive? 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?

My example is this mix I built from all CC-licensed tracks taken from the Free Music Archive. 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?

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?


If you modify the original in any way, that is a derivative work.

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