Remix vs. Compilation: The Key Question
From Creative Commons’ perspective, two scenarios can be distinguished:
- Collection: Various works are presented side by side without being merged into a single new work. The individual works remain technically and legally distinct and retain their own licenses.
- Remix/Adaptation: Content is combined, edited, and reorganized in such a way that a new, cohesive work is created in which the original materials can no longer be easily “extracted.” The original CC licenses then apply to the new work.
A very practical exam question is:
- Are the third-party materials technically and legally separable and clearly identifiable as such? → If so, the work is more likely to be a compilation, and exclusion is possible.
- Or are they inseparably integrated into a work (a remix in the strict sense)? → In that case, the respective original licenses apply; it is practically impossible to “separate” them from the licensing framework.
Let’s look at some examples from the field of education regarding compilation and remixing:
1. CC materials can be separated (collection) → Can be excluded
In these cases, CC materials are used, but they are presented more as “side-by-side” elements. They remain recognizable as independent works and can also be distributed separately from a technical standpoint.
a) LMS course as a collection of various CC resources
A course is created in Moodle, ILIAS, or Canvas:
- Unit 1: Linked CC BY script from Project A
- Unit 2: Embedded CC BY-NC video from University B
- Unit 3: H5P exercise (CC BY-SA) by Project C
Your own course materials are licensed under CC BY. Third-party OER materials are excluded, for example: “Unless otherwise noted, the course materials are licensed under CC BY 4.0; linked or embedded CC materials retain their own licenses.”
b) Reader/collection of materials containing unmodified CC articles
A document is created containing ten unmodified CC licenses (CC BY, CC BY-NC, CC BY-SA, etc.):
- A preface is written, a table of contents is created, and the order is organized.
- The articles themselves are reproduced unchanged and each is accompanied by the original license information.
Legally speaking, this is an anthology. The CC BY license applies only to the foreword, table of contents, and the selection and arrangement of the articles; the articles themselves remain under their respective CC licenses.
c) OER website with separate CC modules
A course website contains ten modules:
- Modules 1, 3, and 5 were developed in-house (CC BY).
- Module 2 is reproduced verbatim from an OER licensed under CC BY-SA.
- Module 4 is taken from an OER licensed under CC BY-NC.
Each module is a separate subpage with clear licensing information (e.g., in the footer or module header). Your own modules can be licensed under CC BY; third-party modules retain their original CC license. In this sense, the website is a collection of modules, not a complete remix adaptation of all content.
d) Multiple CC works on a single presentation slide
A slide is created using:
- your own text,
- an inserted CC image (unchanged).
If the image has not been creatively edited (only resized or repositioned), it is considered a simple compilation. The image remains a separate work with its own CC license. This can be indicated as follows: “Presentation content (text, layout) under CC BY 4.0; embedded images: see captions (separate CC licenses).”
It’s only when the image is creatively edited and blended with other elements to form something new that you enter the realm of remixing.
e) Course presentation with CC slide sets inserted as-is
A collection of slides is being created:
- Slides 1–9 were created in-house (CC BY)
- Slides 10–15 are taken directly from a CC BY-SA presentation without any changes
- Slides 16–20 from a CC BY presentation by another university.
No changes are made to the external slides, but they are identified as clearly defined blocks (“Slides 10–15: from OER XY, CC BY-SA 4.0”). Legally, this can still be considered a collection of slide sets.
f) Online course with separate downloadable OER files
The following are available in the course section:
- your own script (CC BY),
- a third-party worksheet (CC BY-NC-SA),
- a third-party presentation (CC BY-SA).
All three materials are downloadable as separate files, each with its own license information. The script can be CC BY-licensed, the other files remain under their respective CC licenses; together they form a collection, not an integrated remix.
2. CC materials inseparably remixed → no longer separable
In a true remix, several CC works are combined in such a way that a new, unified work is created in which the original sources can no longer be easily isolated. In this case, the original licenses determine the license options for the entire work. It is no longer possible to exclude individual materials.
a) New textbook chapter from several CC texts
A chapter is created:
- Sections are taken from a CC BY text, a CC BY-SA text or a CC BY-NC text.
- The language is adapted, transitions are written, own examples are added and everything is reorganized.
At the end there is a continuous text in which the reader can no longer tell which passage comes from which source. This is an adaptation/remix of several CC sources. The conditions of the strictest license involved (e.g. SA or NC) apply to the chapter as a whole.
b) A combined graphic from several CC diagrams
A new infographic is created:
- Three CC diagrams (process graphics, timelines) serve as a starting point.
- An image editing program is used to move elements, change colors, add your own icons and combine everything into a single new image.
The new graphic is an adaptation of multiple CC works. The original CC licenses apply to the entire image; this is a classic remix.
c) Video remix from several CC videos
An instructional video is created:
- Sequences are cut out of three CC videos (e.g. experiment, interview, animation).
- These clips are mixed, a voice-over track is superimposed and CC-licensed images and icons are added.
Result: a uniform video as one file. This is a remix in the narrower sense — the individual CC sources are merged into the new composition. The license conditions of the strictest license (especially with SA, NC) determine under which CC license the entire video may be published.
d) H5P interactive book with integrated CC texts and images
An H5P “Interactive Book” is being built:
- Text sections from CC BY and CC BY-SA OER are copied in and partially rewritten.
- CC images and quiz questions from other OER will be added.
- The end result is a continuous learning path in a single H5P file.
The result is a remix of the OER used. The content is technically mixed and can no longer be meaningfully separated.
e) Standardized set of slides as “best of” various CC presentations
Several CC presentations (e.g. BY, BY-SA, CC0) are opened:
- Individual slides or content are copied into a new presentation.
- Texts are changed, graphics adapted, the design harmonized and own slides added.
The end result is a set of slides designed throughout, which students perceive as a single new work.
Conclusion
For practical teaching and OER production, it is worth asking conscious questions about every combination of materials:
Is the third-party content technically/legally separable, clearly labeled and also separately reusable? Or is a uniform new work created in which the original materials are integrated?
For courses, presentations and H5P content in particular, it helps to think about this distinction at an early stage — then license traps can be avoided and the educational materials can be deliberately designed in such a way that they remain as open and reusable as possible.