Page 327 - 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 13 Interview Record (Participant L)
An Intermediary-oriented Approach

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 L: I have not used previous works during my creation.
Huang: I thought that Chinese painting will largely draw on previous work.
Participant L: Yes, we usually get idea from previous works, and that’s how Chinese painting
has developed. Nevertheless, I don’t think getting inspiration from others should be
accompanied with a payment. After all, all painters are copying.

Huang: What do you think of unauthorized use, a free advertisement or an infringement on
your personhood?
Participant L: Since my work has been reproduced by others, I would say direct reproduction
without authorization is not only infringement but also demoralization.

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 L: I haven’t met any dispute 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?
Participant L: I think this rule is fair.

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 L: No. I prefer the current structure. The price of works of art should be
determined by the market. We should value it at the highest price.
Huang: Thank you so much for participating this research. It is really nice to talk with you!

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