Page 318 - 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 11 Interview Record (Participant J)
An Intermediary-oriented Approach

Participant J: I began to create in 2014. I usually progress according to the course design.
Huang: Have your works been uploaded online or publicized through other means? Have
you earned some profit from creation?
Participant J: Generally I will not upload my work online, unless I participate in some
bidding competitions. The one who is chosen can get some rewards.

Huang: Could I ask why you create, to meet the requirement of the faculty, to entertain
yourself, to earn profit, or something else?
Participant J: It is the requirement of our major, but also out of my interest.

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 J: Generally we are the copyright owners, except those works that are be awarded
as excellent works. Nanyang Academy of Fine Arts has stated that the copyright of these
excellent works is owned to the Academy.

Huang: Would you use pre-existing works to create your owner work? If so, would you ask
for permission first, or pay compensation after your use, or just use it for free without
paying the original copyright holder?
Participant J: Well, this is a question that has confused me quite often. I seldom used others’
work directly. I just get inspiration from others’ works. But I think it does not constitute
plagiarism if you do not simply make full copy.

Huang: You’re right. 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 J: I have heard fair use before. I think the key elements of fair use is that the use
should not harm the interests of the copyright holder and I think my use can be justified
as fair use.

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
infringement on your personhood?
Participant J: Not yet. I think unpermitted use is infringement and it violates personality
rights.

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