Page 277 - 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: Appendix 3 Interview Record (Participant B)
An Intermediary-oriented Approach

Participant B: We shoot while editing. It took us two weeks from lyricizing, sound recording,
shooting and editing.

Huang: Have your creations been uploaded online, such as the video websites of youku and
tudou? Have you thought of commercial use?
Participant B: We need to upload our MV to TencentVideo in order to edit the MV in the
WeChat system. So if you want to circulate your creation through WeChat, you need to
upload it to TencentVideo. We make the MV to promote the public image of the customs
and to entertain ourselves. Besides, we have promised to Mr Fan that we would use his
song for the purpose of public interest. So we will not use it for commercial purpose.

Huang: Has your MV been reproduced by other public accounts?
Participant B: We published our MV in the account which is internal for our units, and then
we submitted to the “Golden Key”, an account open to the whole customs system. I have
not heard the reproduction by other public accounts.
Huang: Would you agree if other accounts would like to reproduce your MV or commercially
use your MV? Do you require them to ask for permission in advance? Or do you think
ex-post compensation is acceptable?
Participant B: I would require them to ask for our permission first. Whether their application
could be accepted and whether the license fees are required, depend on the nature of use
and the user. After all, we are government agencies that involve many sensitive issues.
Whether reproduction or commercial use can be permitted depends on the opinions of
our leaders and our team members.

Huang: The MV and the micro film has been widely spread. So have you encountered any
dispute over intellectual property, such as accusation of infringement?
Participant B: Not yet.

Huang: Have your team discussed the issue of the authorship and ownership with the leaders
in the unit?
Participant B: A new media studio was set in our unit recently. All participants of the MV are
members of the studio. We have talked about the issue of copyright ownership with the
leaders in our unit. We agree that the copyright of the MV belongs to the studio.

Huang: Have you learned something about fair use in our copyright law? What do you think
are the factors that should be considered in a fair use decision?
Participant B: I have learned copyright law when I studied in the university. I think the
relevant factors include the purpose of use, the nature of the user and the scope of
audience.

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