Page 163 - A Study on the Role of UGC Platforms in Copyright Law：An Intermediary-oriented Approach

A Study on the Role of UGC Platforms in Copyright Law: Chapter 5 Formulating a Non-commercial UGC Creation Levy Scheme
An Intermediary-oriented Approach

criterion. Digital tracking and metering tools can provide objective statistics of how much
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and how often a copyrighted work is re-used by a UGC. For example, Content ID has
evolved into a sophisticated system which has worked well for different types of works,
216
and has won the trust of the copyright industry. With the advent of technology, driven
by the increasing commercialization of UGCs, we can expect more advanced tracking and
metering technologies to be developed. The problem is, adopting content identification
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technology is a huge investment even for big UGC platforms such as YouTube. This thesis
suggests an intermediary-oriented approach: copyright collective management organizations
(CMOs), funded by each individual UGC platforms, invest in the state-of-the-art content
identification technology and then license the technology to individual UGC platforms at
an affordable and reasonable price, such as a price based on the UGC platform’s revenue.
By crowd-funding from every UGC paltforms, CMOs can also establish comprehensive
databases of the copyrighted works in relevant fields. In this way, all UGC platforms can
afford the latest content identification technology and the most comprehensive databases
for copyrighted works. Furthermore, all UGC platforms can adopt a uniform standard in
calculating relevant statistics about the popularity and frequency of copyrighted works
used in UGC platforms. The Music Modernisation Act has already taken this approach by
establishing a comprehensive database for music works which benefits streaming service
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providers. Streaming service providers, in turn, should take the cost for the establishment
and maintenance of the database. 219
Objective data about how frequently and how much a work has been used in UGCs
cannot always examine the substantial role of a pre-existing work for a UGC. Some songs
might be played repeatedly in a UGC but just as background music. Some video excerpts
could be used for several seconds but could substantially help the UGC gain attention.
Quantitative algorithms and technology cannot take into account the humanity and cultural
values the copyrighted works have for UGC creators. Some copyright owners might
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even cheat the algorithmic systems by deploying ‘ballot stuffing’ computer programmes to
make their works play repeatedly in certain UGC to increase their calculation. Therefore,
221

215 Li (n 12) 33.
216 YouTube Help, ‘How Content ID works’ <https://support.google.com/youtube/answer/2797370> accessed 9 September 9;
Appendix 9 (‘over 98% of copyright management on YouTube takes place through the Content ID system’); Paul Resnikoff,
‘99.5% of All Infringing Music Videos are Resolved by Content ID, YouTube Claims’ (Digital Music News, 8 August 2016)
<https://www.digitalmusicnews.com/2016/08/08/copyright-problems-resolved-content-id/> accesed 9 September 2019.
217 Appendix 9 (‘Content ID system was introduced in 2007 a few months after Google bought YouTube in October 2006. At the
beginning, there was a lot of controversy among Google’s management regarding whether to introduce the expansive Content
ID system or not.’).
218 Copyright.gov, Music Modernisation Act <https://www.copyright.gov/music-modernization/115/> accessed 9 September
2019.
219 Ibid.
220 Ibid.
221 Netanel (n 73) 55.

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