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A Study on the Role of UGC Platforms in Copyright Law: Appendix 3 Interview Record (Participant B)
An Intermediary-oriented Approach
argued that my articles were merely interview records so they were not original works. I
felt so disgusted.
Huang: Ah, I remember. You have posted in in your WeChat moment. Such defense showed
a lack of legal knowledge.
Participant A: Speechless. And it is a law account.
Huang: How long will you get the response after reporting?
Participant A: About an hour. Sometimes I can get the response in half an hour.
Huang: What’s the specific procedure?
Participant A: Very easy. If you think a particular article is piracy, you can click the “report”
in the lower right with the link of your original article. The WeChat will examine and
then compulsorily delete the reported article. It will leave a stain on this account.
Huang: A stain?
Participant A: Yeah. It will negatively affect it to get the “originality announcement”
function. Last time a public account asked us to withdraw our report because they were
waiting for the “originality announcement” function.
Huang: Sounds like interrupting the limitation. So can it get the originality announcement
function later on? How long?
Participant A: I don’t know.
Huang: Wow, that’s awesome. There is a “notice and takedown” rule in copyright law,
meaning that searching engines such as google and Baidu have no obligation to
invigilate the legality of the user-uploaded information. If the copyright owner find some
information is infringing, s/he can send a takedown notice to the searching engine. The
searching engine is required to take down the allegedly infringing material to avoid
secondary liability for copyright infringement. But according to what you said, WeChat
itself takes the liability of invigilation.
Huang: Thanks so much for participating and supporting my research! Best wish to your
career!
Participant A: No problem. Thanks for your wishes.
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