This paper reviews a wide range of scholarly and popular literature to provide an overview of the current state of online user–generated content (UGC). We describe the UGC value chain, introduce three varieties of content (creative content, small–scale tools, and collaboratively–created content), and describe the factors unique to each variety. We then identify the common elements across varieties: motivations for content creation, mechanisms to support content creation and control content quality, and value creation. Throughout the article we identify the interrelationships between social and commercial forces on UGC creation and distribution.
The traditional philosophical justifications for copyright policy fail to account for current expansionary trends. The proprietary logic of contemporary copyright policies is justified on neither utilitarian nor rights-based grounds. Instead, copyright developments are located within the broader framework of commodification and the logic of capital itself. Since copyright law has been outpaced by a technology that undermines both the legal framework and the underlying economic theory on which it is based, a critical theoretical framework rooted in political economy is needed to harmonize the use and dissemination of information with the developing productive forces in society. Central to this framework is the contradiction between use-value and exchange-value, which is inherent in every commodity. This tension, which is particularly acute in the case of the information commodity, becomes sharper with the use of new technologically enabled exclusion mechanisms, as well as with various policy initiatives that seek to expand the duration, scope, and intensity of the copyright monopoly. Reconceptualizing copyright theory through the lens of critical political economy will help raise issues that are often overlooked in the current policy environment, and should decrease the acceptance of traditional justifications without considering all of the policy alternatives.
This paper examines the policy dimensions of user–generated content (UGC). It argues that policy–makers must create a policy environment that both balances both creator and end user’s rights and allows for the flourishing of UGC production and distribution because of both its economic and cultural value and ability to stimulate innovation. This paper emphasizes that UGC is an important creative outlet because it possesses either or both originality and transformativity. It discusses the multitude of means through which UGC generates value, serves as a medium for cultural expression and allows innovative activity. Despite the importance of UGC numerous barriers exist to inhibit its production including private ordering mechanisms such as licenses and technological protection measures and both major branches of intellectual property law (patents and copyrights). This paper reviews the current policy framework for UGC in the U.S., U.K., and E.U. before presenting a case study of the proposed UGC exception in Canadian copyright law. It concludes by discussing the how policy–makers can create a flourishing UGC environment and provides specific policy recommendations.
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