Page 300 - 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 7 Interview Record (Participant F)
An Intermediary-oriented Approach

If the composer is a member of the Music Copyright Society, you can pay to the collective
society.

Huang: But honestly, in most cases copyright holders will not charge you. After all, suing
you will get nothing. Only when your micro film get promoted and gain profit, can they
get benefits from suing you. Many uses, even though seemed illegal from the perspective
of copyright, will be tolerated or even encouraged by copyright holders as a kind of free
advertisement.
Participant F: What a harsh copyright law that hinders the progress of human civilization.
Nowadays I cannot afford music or TV series due to the copyright law.
Huang: Haha, so you think all this digital content should be free to use? Don’t you feel it is
unfair to the creators?
Participant F: Well, I can only say that I am too poor to afford. Intellectual property
protection is based on well-developed economy. A weak economic basis can only result
in weak IP protection.

Huang: If one day someone uses your micro film for free, will you agree?
Participant F: Use it as you like! I will be happy that someone would like to use such a poor-
made movie.
Huang: Even for commercial purpose?
Participant F: Well, I think this micro film is not a good example. Because it is too poor-
made, I would appreciate anyone who is willing to use it.
Huang: Imagine that one day you become a well-known director that make a famous movie
named “meeting you in SYSU.” Would you like to allow others to use it for free?
Participant F: Haha, I will certainly give it to the public if that day comes.
Huang: Under this circumstance, would you allow any individual or WeChat public account
to reproduce your film for commercial purpose?
Participant F: Well, if one dares to use my film for commercial purpose without my
permission, I will never let him go.

Huang: Got it. So the key is to distinguish between personal use for entertainment and
commercial use. One more question, if someone would like to use your work for
commercial purpose, will you require him to get your permission first? Or, will you
allow him to pay you after using with a price determined by a third party. Under the first
circumstance, you can set the price. However, the permission structure increases the
costs for the potential user so the user would be unwilling to go to trouble to ask for your
permission. In this way, you will lose the potential business opportunity.
Participant F: Well, if I allow others to my work free of charge, I do not wish anyone to use
my work for gaining profit.

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