Page 285 - 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 5 Interview Record (Participant D)
An Intermediary-oriented Approach

TV programmes? Or, would something else (such as some explanations) be added to the
pre-existing works?
Participant D: Sometimes we will perform a secondary clip of the classic works that have
already been played in CCTV before. If the source material is recorded by fans, we will
indicate the recorder by words.
Huang: I got it. I can see that you are aware of attribution. So will you pay the fans for using
their works? Or is there any fan who ask for license fees?
Participant D: Not yet. Maybe it is because of the particularity of the industry. We will send
red packets to those who submit photos to us.
Huang: Would you mind telling me the amount of money you send? Is there any rule
regulating this? Or it depends on the staff?
Participant D: I remember we send 200 yuan last time. Sometimes we will send them
souvenirs from CCTV. Compared to red packets of money, they like souvenirs more.
Huang: So they mail the material to you by post? Otherwise how can you get their addresses?
Participant D: We will specifically ask their addresses in the comments.
Huang: Point taken. Could I ask does the amount of reward depend on the quality of the
work? The higher quality, the more rewards? Or the same reward for all works?
Participant D: Well, it depends more on our funds. Actually, we seldom used fans’ works.

Huang: Got it. So how do you contact those cartoonists to get license? Do they voluntarily
submit their works to you?
Participant D: We usually pay attention to writers and painters in this field and all things
related to dramatic and quyi works. We first think out emotion series, and then we will
go to contact the cartoonist. The cartoonist only creates the cartoon character. We come
out with all ideas about how these characters act and the final effects. The cartoonist of
the emotion series I showed you above is named Dihui, a famous fan of Leslie Cheung.
Huang: Wow. So if there is a clause in your contract requiring the cartoonist to guarantee
the character is not infringing? In addition to his guarantee, will you check again the
legal status of the character by yourselves? Because as far as I know, creating a cartoon
character of dramatic and quyi work is also a kind of secondary creation and needs the
permission from the previous copyright holder.
Participant D: There is no copyright in dramatic and quyi characters. There is a uniform
industrial norm regulating the costume of the character. All performers should obey the
norm, so there is no copyright in the characters.
Huang: I see. Thanks for adding to my knowledge.
Participant D: It is similar to traditional drama. It is passed on from generation to generation
through word of mouth.
Huang: Well said! The concepts of originality and authorship don’t emerge until the
Industrial Revolution.

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