NoDerivatives (ND) licenses forbid syncing a track to video, because sync counts as making a derivative work

The NoDerivatives (ND) condition — present in CC BY-ND and CC BY-NC-ND — allows redistribution of a track only if it is passed along unchanged and in whole. Crucially, syncing a track to video or moving images is defined as creating a derivative work, so ND licences prohibit it outright: you may not put an ND-licensed song under a video, even if you credit the artist and change nothing about the audio itself. This is a frequent and costly misunderstanding for AV performers and video makers, who assume that using a track unmodified is always allowed. If you want to use CC music behind visuals, you must choose a licence without the ND restriction (BY, BY-SA, BY-NC, BY-NC-SA) or get written permission from the artist.

Examples

CC BY-ND track: legal to share the audio file unchanged; illegal to use it as a soundtrack for a YouTube video (sync = derivative). CC BY track: legal to place under a video, including commercially, with attribution.

Assessment

A VJ wants to score their live-set recording with a CC BY-NC-ND track, unmodified. Is this allowed? Explain why, referencing what “derivative work” includes. Which two CC conditions would you look for to know a track is safe for video sync?