Yesterday I gave a talk at the UNSW Cyberspace Law and Policy Centre workshop on copyright exceptions.
I spoke about ‘user-generated content’ and the Canadian exception in s 29.21. My main point is that the provision straddles two views of copyright’s purpose – the utilitarian concern with preventing harm to the market of the work, and the rights-based concern with ensuring that others do not unfairly profit from an author’s work. This juxtaposition is somewhat problematic, I think, particularly since the definition of ‘non-commercial’ is somewhat difficult. Intermediaries hosting UGC make money, and creators of UGC often want to commercialise their efforts. Overall, I think we need to think about what sort of uses should be remunerated.
‘Social media and user-generated content‘, Presentation to UNSW Cyberspace Law and Policy Centre workshop on copyright exceptions, Feb 2013.