Legal Analysis of Issues Related to User-Generated Content in Derivative Works
DOI:
https://doi.org/10.62051/ijsspa.v4n3.11Keywords:
User-Generated Content, Copyright, Derivative Works, Intellectual PropertyAbstract
In the information age, the barriers to individual creative production have significantly lowered, leading to new developments in the arts, while also giving rise to various legal issues. One such challenge lies in defining originality and the boundaries of infringement in derivative works. This is especially problematic on user-generated content (UGC) platforms, where new forms of creative expression, such as video mashups, lack clear standards for determining infringement. By comparing international practices and considering the specific context of China, this paper seeks to balance the interests of creators, platforms, and original authors. The goal is to encourage creativity while respecting the copyright of original authors, ultimately achieving a win-win situation in the creative market and fostering cultural innovation and freedom of expression.
Downloads
References
[1] Shi, H. (2024) The Influence of User-Generated Content on Consumer Behavioral Intention on Cross-Border E-commerce Platforms. Journal of Xi’an University of Electronic Science and Technology (Social Sciences Edition), 34(1): 72-81.
[2] Lian, Y. (2023) Study on the Production and Dissemination Characteristics of ACGN Circle’s Derivative Works. China Cable TV, (5): 54-61.
[3] Research Group of Civil Court No. 1, Jinjiang Court. (2012) On the Definition of Originality in Derivative Works. Journal of Sichuan Administration College, (3): 55-57.
[4] Tang, Y. (2016) On the Legal Regulation and Protection of Derivative Works Copyright. Intellectual Property, (11): 46-52.
[5] Einhorn, M.A. (2012) Media Technology and Copyright: The Convergence of Economics and Law. Translated by Zhao Qishan. Peking University Press, Beijing. p. 17.
[6] Xiong, Q. (2018) Clarification on Judicial Standards for Fair Use of Copyright. Legal Studies, (1): 182-192.
[7] Yin, S., Yang, H. (2024) Difficulties and Solutions: A Study on the Reasonable Use Rules in Secondary Creation Short Videos. Cuanbo yu Banquan, (13): 102-106.
[8] Jiao, R. (2024) Reasonable Use and Infringement Governance of Second Creation Short Video Film and Television Copyright: Based on the Perspective of Second Creation Creators. Journalism Probe, (8): 67-69.
[9] Feng, Y., Zhao, Z. (2024) Challenges and Responses to Copyright Protection under the UGC Model - Starting from secondary creative works. Journal of Shanxi Political and Legal Cadre College, 37(2): 50-53.
[10] Feng, X., & Diao, J. (2019) Research on Transformative Use and the Boundaries of Copyright Infringement: A Market and Functionalist Analysis Perspective. Journal of Hunan University, 33(5): 134-143.
[11] Yang, X. (2024) The dilemma and solution of the fair use system of copyright in the digital age. In Volume 3 of the "Smart Rule of Law" Collection in 2023- Research Collection on Legal Protection for Promoting Education Digitalization. Shanghai. pp. 98-104.
[12] Ni, Z. (2020) Research on the Governance Path of Copyright Law for Self-Media Short Videos: From the Perspective of Public Participation Culture. Intellectual Property, (6): 70-80.
[13] Dong, B. (2022) Application and Improvement of Fair Use Rules for Short Video Derivative Works. Politics and Law, (5): 141-149.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 International Journal of Social Sciences and Public Administration
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.