Page 306 - 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 8 Interview Record (Participant G)
An Intermediary-oriented Approach

provision in copyright law. Thus, ISP is in a dilemma.
Huang: That’s very interesting. I have also read some cases regarding ISP’s attitudes towards
take-down notice. Alibaba has a high threshold for take-down notifications, requiring
them to provide specific infringing information and IP address. However, if the ISP is
storing or linking copyrighted works, most often it will remove the accused content
expeditiously. I wonder whether the difference is resulted from different business models
of different ISP.
Participant G: Sorry that I did not pay attention to those websites with copyrighted content.
But I think business model is a factor.
Huang: You have just mentioned the deep linking issue. There are two criteria in
determining whether the website is providing links or providing content. One is the
Server Standard (服务器标准) and the other is the Audience Standard (用户感知标准).
Beijing Intellectual Court stated that it adopts the server standard. What standard does
Guangzhou IP court hold?
Participant G: Haha, you can look up the article Prof. Cui Guobin wrote several days ago
named “the complacent server standard (得意忘形的服务器标准)”.
Huang: Nowadays many websites publish both user-generated content and the content
generated by the websites themselves. How to determine whether they are ISP or ICP?
Participant G: This requires case-by-case study. An interesting case is the live-streaming
performers (the so-called “Wanghong”). Theoretically, everyone can perform on the
websites but only wanghong can catch attention. The formal is like minority shareholders
while the latter is similar to majority shareholders in the stock market. Wanghong
usually signs exclusive contract with a particular website. If the wanghong want to
leave for another website, she needs to pay an enormous amount of transfer fees. Thus,
wanghong’s performance will be considered as content provided by the website.

e. User-remixed content
Huang: Are there many disputes regarding user-remixed content? That is, amateur creators
transform, adapts or mix other copyrighted works.
Participant G: Not many.
Huang: How do you think of amateur’s remix?
Participant G: If the remix is for noncommercial use, it may constitute fair use; otherwise the
user needs to get license.
Huang: Do you think the copyright amendment has considered the characteristics of
Internet?
Participant G: It tries to keep up with the technology but always lags behind.

f. Collective rights organizations
Huang: Do you think our collective rights organizations effective?

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