Page 296 - 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 6 Interview Record (Participant E)
An Intermediary-oriented Approach

reproduce others’ content, it serves as an aggregation platform and readers do not need
to subscribe other accounts. Is it similar to Toutiao （今日头条）that divert the flux of
original account?
Participant E: Exactly.
Huang: But do you think it is costly if every reproduction needs permission. After all,
information in the Internet is time-intensive. Toutiao may transfer to other accounts that
do not require prior permission, which will harm your competitiveness.
Participant E: Well, then Toutiao can ask for blanket license in advance. For instance, taotiao
can make a contract with me that it will reproduce all my articles since April 2017,
except those I particularly claim that reproduction is not allowed.

Huang: If blanket license is provided as a law, that is, every UGC can be used by others
freely for non-commercial purpose except the author disagree. The default rule is free
use, but you can also claim for exception. Will you buy this proposal?
Participant E: Well, I think it is unfair. If the original account has few fans while the account
that reproduces content from the original account has many fans, it is unfair to the first
account that contribute original content.
Huang: Does it mean that you are forced to agree?
Participant E: That’s the point.
Huang: Do you indicate that the work you create is like the child you give birth to so that
you have a kind of natural right on it?
Participant E: I think that’s what I mean. Even though the work is not good enough, it is
created by me.

Huang: OK, let’s change the angle. Imagine you are the user, you are remixing seven songs,
isn’t the “free use” rule good for you?
Participant E: Yes. But I think the remix we did before is fiar use.
Huang: Yeah. Imagine that some audience think your remix is very interesting and then post
it online and your remix get popular at one night, these seven copyright holders may sue
you.
Participant E: Yes (laugh).
Huang: So when you are acting as both a creator and a user, what kind of copyright rule you
think is good?
Participant E: I still think use for free is not a good idea.
Huang: So you think permission is needed.
Participant E: Yes. I would like to apologize to the seven copyright holders.

Huang: Imagine that you remix seven songs. The negotiations of six songs are all very
smoothly and you pay 20 yuan for each. But when it comes to the seventh, the copyright

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