Page 315 - 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

infringement on your personhood?
Participant I: My work has been put into a blog. Its blogger is the owner of a commercial
studio. He photographed the students’ works in secret while the classroom is unattended.
It may work as a free advertisement for a student, but it is certainly an infringement to
the authors’ right.

Huang: Have you encountered any disputes during your creation, such as disputes with
copyright holders, disputes with the website that holds your works, disputes with
teachers, etc.?
Participant I: I haven’t met any dispute yet. I know that there once a dispute between the
students and the faculty. As I mentioned, the faculty has kept our meticulous sketches for
more than one year. Recently there was a student who contacted the dean and required
the work returned. Actually many students would like to get back their works, so we
make a jointly statement in the whatapp group requiring the faculty to return our works.
The dean promised to return the works to us later.

Huang: Copyright requires users to get permission from copyright holders except the use
constitutes fair use. Do you think this is a fair regulation? Would it stifle creativity?
Participant I: I think the current rule is fair. Of course, if you use the work appropriately and
constitutes fair use, it is understandable. I don’t think the current copyright law would
stifle creativity. It is very important to get copyright owners’ permission.

Huang: Image that the copyright rule is changed. Anyone can use copyrighted works without
permission, but should compensate the copyright holder in the case of commercial
use with a fee determined by an authoritative third party in advance. Do you think it
acceptable? Which rule you prefer, ex-ante permission or ex-post compensation?
Participant I: I don’t think free use is appropriate because it is difficult to find the person who
are liable. This new rule can work better if our legislative system and legal enforcement
system get improved. But for now, I prefer the ex-ante permission approach.

Huang: Thank you so much for participating this research. It is really nice to talk with you!

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