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Full-Text Articles in Law
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation-the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais
The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais
Vanderbilt Journal of Entertainment & Technology Law
Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation--the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …
"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong
"Transformative" User-Generated Content In Copyright Law: Infringing Derivative Works Or Fair Use?, Mary W.S. Wong
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the line between the type and level of transformation required for a copyrightable derivative work and that required to constitute fair use has not been drawn clearly. With the rise of user-generated content, this question (which arises in two distinct copyright contexts) has become even more important. At the same time, copyright law has generally shied away from defining authorship as a legal concept, preferring instead to develop and rely on the related (but not identical) concept of originality. This has resulted in a low copyrightability threshold that does not adequately account for the fact that …
Mass Culture And The Culture Of The Masses: A Manifesto For User-Generated Rights, Debora Halbert
Mass Culture And The Culture Of The Masses: A Manifesto For User-Generated Rights, Debora Halbert
Vanderbilt Journal of Entertainment & Technology Law
User-generated content is a term used to describe the division between culture produced as a commodity for consumption and the culture that is generated by people acting as creative beings without any market incentive. While under current copyright law all types of creativity are protected, the laws of copyright exist primarily to protect commercial forms of expression, not the non-commercial ones that form the foundation of user-generated content. The disconnect between what current copyright law protects and how most people create generates tensions that must be addressed. This Article presents an argument for broader protection of all creative work, including …
The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell
The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell
Vanderbilt Journal of Entertainment & Technology Law
Technological advances, because they have radically lowered the costs of creating and distributing expressive works, have shaken the foundations of copyright policy. Once, those who held copyrights in sound recordings, movies, television shows, magazines, and the like could safely assume that the public would do little more than passively consume. Now, though, the masses have seized (peacefully acquired, really) the means of reproducing copyrighted works, making infringement cheap, easy, and, notwithstanding the law's dictates, widespread. Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter …
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
Vanderbilt Journal of Entertainment & Technology Law
While user-generated content (UGC) has been around for quite some time, the digital age has led to an explosion of new forms of UGC. Current UGC mega-sites, such as YouTube, Facebook, and MySpace, have given UGC a new level of significance, due to their ability to bring together large numbers of users to interact in new ways. The "user" in UGC generally refers to amateurs, but also includes professionals and amateurs aspiring to become professionals. "Generated" is synonymous with created, reflecting the inclusion of some minimal amount of creativity in the user's work. Finally, "content" refers to digital content, or …