Page 334 - 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 15 Interview Record (Participant N)
An Intermediary-oriented Approach

year did you begin your journey of creation?
Participant N: I began to have the idea of creation in 2016, and then I look for inspiration
through practice.
Huang: Have you engaged in creation frequently?
Participant N: As a matter of fact, I do not create quite often beyond the course requirement
due to my busy study.
Huang: Have your works been uploaded online or publicized through other means? Have
you earned some profit from creation?
Participant N: I have never promoted my works, nor do I have earned any profit from it.
Last year one of my paintings of the Yonghe Palace was collected by Shanxi Provincial
government in China. The government rewarded me with both bonus and a certificate.
This was a kind of government behavior that bought out my right of publication. I
haven’t heard about secondary creation of my work yet.

Huang: Could I ask what’s your major incentive to create, to meet the requirement of the
faculty, to entertain yourself, to share with friends, to earn profit, or something else?
Participant N: Well, I have to say the major incentive come from the requirement of my
course.

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 N: You have the copyright in the work you created. But if your work is chosen by
the faculty for collection, such as the painting awarded “outstanding student’s work” I
mentioned above, the faculty will ask you to sign an agreement which says the work will
belong to the faculty and you will get a certificate without bonus.

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 N: The creation of Chinese painting will absolutely use something originated
from others. This is the essence of the so called “inheritance.” Everything is passed on
from our ancestors. We cannot ask for their permission and opinions. We just copy it
directly with little modification.
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?
Do you think your use constitutes of fair use?

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