Advances in Economics, Management and Political Sciences

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Proceedings of the 3rd International Conference on Business and Policy Studies

Series Vol. 71 , 18 January 2024


Open Access | Article

User-Generated Content and Copyright Liability: Assessing the Role of User in Copyright Infringement Detection

Han Hu * 1
1 Building 26 /Unit 2/Room 803, NanYi Road, JinDiGeLin Community

* Author to whom correspondence should be addressed.

Advances in Economics, Management and Political Sciences, Vol. 71, 48-61
Published 18 January 2024. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Han Hu. User-Generated Content and Copyright Liability: Assessing the Role of User in Copyright Infringement Detection. AEMPS (2024) Vol. 71: 48-61. DOI: 10.54254/2754-1169/71/20241420.

Abstract

User-generated content (UGC) exists in various formats on digital platforms, including images, audio, and videos. The capital market has turned UGC into profitable products, benefiting content creators and game companies. This reciprocal relationship presents opportunities in the digital market. However, due to current legislation and public sentiment, UGCs lack sufficient protection under intellectual property laws. This research aims to investigate the copyrightability of user-generated videos in the game industry. Specifically, it seeks to justify the copyright protection of user-generated game videos and propose potential solutions. Furthermore, this paper acknowledges live streaming recordings as a distinct type of game video. The entertainment industry's exponential growth, especially in video games, has sparked a surge in game live streams and videos among gamers. However, this has also led to copyright infringement issues, particularly with fair use defenses. The Copyright Act of 1976 grants exclusive rights, and game videos and live streams infringe on reproduction, display, public performance, and distribution rights. While recognizing the social value, the current statutory framework, like the DMCA, is ineffective. Implementing improvements like a new compulsory license would address copyright issues and foster creativity. A flexible legal standard allowing commercial and fair use would promote economic development, social harmony, and cultural enrichment, while failure to do so could hinder freedom of expression and innovation.

Keywords

User-Generated Content, Game Videos, Copyright, Game Livestream Recordings

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Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 3rd International Conference on Business and Policy Studies
ISBN (Print)
978-1-83558-281-7
ISBN (Online)
978-1-83558-282-4
Published Date
18 January 2024
Series
Advances in Economics, Management and Political Sciences
ISSN (Print)
2754-1169
ISSN (Online)
2754-1177
DOI
10.54254/2754-1169/71/20241420
Copyright
18 January 2024
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated