Page 314 - 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 10 Interview Record (Participant I)
An Intermediary-oriented Approach

Huang: Copyright law provides that if you wish to use others’ work, you should get
permission first, except in the circumstance of fair use. Have you ever heard the term
“fair use” before this interview? Do you think your use constitutes of fair use? To your
understanding, what are the key factors for fair use?
Participant I: Well, I did not know “fair use” before this interview. As far as I understand,
the key factors in a fair use decision include the amount of taking and the extent of
similarity.

Huang: Do you remember in which year did you begin your journey of creation? Have you
engaged in creation frequently?
Participant I: I began to create in 2016. I don’t create quite often.

Huang: Have your works been uploaded online or publicized through other means?
Participant I: Generally I will not upload my short films online or promote it. But I plan to
promote my edited works, remixed movies and photographic works by uploading to
YouTube.
Huang: Have you earned some profit from creation?
Participant I: Not yet.

Huang: Could I ask why you create, to meet the requirement of the faculty, to entertain
yourself, to earn profit, or something else?
Participant I: It is the course requirement, but for me, it is also very interesting. It is great fun
to study film image and photographic technique. Cinematography-related creation, such
as special effects and conceptual design, is increasing commercialized. I think it is a new
business opportunity.

Huang: Who is the copyright owner of the works you create? The faculty, the teacher, or
the creator yourself? Do you have signed contract on this issue? Did the faculty or the
university has announced some copyright statements at the beginning of your studying in
the university?
Participant I: I haven’t known much about copyright. I think the copyright of film works
belongs to creators. The faculty did not make any statement on copyright issue. Take the
meticulous sketch that we created during the course in the first year for example. The
teachers required us to submit our works which were collected by the faculty. But the
leaders and dean did not talk about the copyright ownership issue.

Huang: Have your works been used by others, such as reproduction by online or paper
media, or as the source material for others’ creation? Have these users asked for
your permission? What do you think of unauthorized use, a free advertisement or an

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