Page 322 - 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 12 Interview Record (Participant K)
An Intermediary-oriented Approach

Huang: Could I ask why you create, to meet the requirement of the faculty, to entertain
yourself, to earn profit, or something else?
Participant K: This is the course requirement. But now I have cultivated interests in works of
fine arts so I would to commercialize it when I have time.

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 K: I have no idea. I am also very puzzled. For example, I need to take Art course
in the first and second year. I have drawn some pictures for this course and one of my
work was archived by the faculty as excellent homework. I have to say I was reluctant
to submit my painting since it was totally created by me. I showed the copy of my
painting to some students from the Art school, and they all said that the painting is good.
However, they told me that neither the teachers nor the faculty would keep their works.
And I felt there may be a problem here. Our drawings for the Art course also constitute
photo atlas. The faculty cannot keep our drawings without giving any explanation.

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 K: I have not used others’ works yet.
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? To your understanding, what are the key factors for fair use?
Participant K: Yes, I’ve heard the term fair use before. I think the key factor of fair use is
whether the use is commercial. Commercial use needs permission.

Huang: Have your works been used by others, such as reproduction by online or paper
media, or as the source material for others’ creation?
Participant K: Not yet.

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 K: Not yet.

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?

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