Page 335 - 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

Participant N: As far as I understand, fair use refers to the use that learns from others to make
up for our insufficiencies without harming others’ interests. Yes, my use constitutes fair
use.

Huang: What do you think of unauthorized use, a free advertisement or an infringement on
your personhood?
Participant N: I think it is copyright infringement if you use others’ work without permission.
Huang: Wow, that sounds fantastic. Have your classmates had such awards?
Participant N: I just hear the other senior student has got such government award.

Huang: Considering your achievement in painting, have you considered to cooperate with
some online platforms to promote your work?
Participant N: Maybe when I am a popular painter. But now, I haven’t got any invitation
from any platforms.
Huang: Maybe they used it in a way you didn’t know.
Participant N: hhh yes. But a more serious problem is plagiarism. I am scared if my work is
uploaded, others will plagiarize it soon.

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 N: I haven’t encountered any dispute yet.

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,
and the fee is 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 N: Third-party pricing is unacceptable. Different creators have different
evaluation on their works. Different works also have different prices in the market.
It is very possible that the outsider cannot see the value of the work. The creator will
suffer great loss if the third party knows nothing about art. I think ex-ante permission is
required.
Huang: Thank you so much for participating this research. It is really nice to talk with you!

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