Page 330 - 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 14 Interview Record (Participant M)
An Intermediary-oriented Approach

engaged in creation frequently?
Participant M: I begin to create since 2015. We are required to submit a design proposal
every one to three months.
Huang: Have your works been uploaded online or publicized through public accounts? Have
you earned some profit from creation?
Participant M: I’ve published my work in my blog but I do not commercialize it.
Huang: Do you have the intention to commercialize your creation?
Participant M: Yes. Some of my classmates have already made it.

Huang: Could I ask why you create, to meet the requirement of the faculty, to entertain
yourself, to earn profit, to share with your friends, or something else?
Participant M: First I love it and then it is also the requirement of our major.

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 M: I think copyright is held by both the teacher and creator. I don’t remember we
have signed such a contract and the university doesn’t make any statement on this issue.

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 M: I haven’t used pre-existing works. But if I use it in the public, I will ask for
permission first.
Huang: That’s exactly what the law said! 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 M: I have learned about fair use before this interview. The most important factor
is the market impact of the use on the copyrighted works.

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 M: My work has been reproduced by another blog without my permission.
I contacted the blogger and he expeditiously removed with an analogy letter. Most
importantly, it is disrespect for the creator and violates the personality right.

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