The arrival of the Internet, social media and other new communication technologies has presented individuals with an unprecedented ability to create new copyrighted works to benefit society. Moving from consumers to prosumers, these individuals have generated contents such as digitally altered images, music remixes, video mash-ups, synchronized animations, machinimas, parodies and satires, and a dazzling array of fanworks. To unleash the potential provided by this new group of creators, policy makers and commentators have advanced a wide array of proposals to reform copyright law.
This chapter explores how and why copyright law should be reformed to increase flexibilities for user-generated creativity. Based on recent legislative reforms and the Author’s personal experience in the copyright reform process, the chapter outlines two distinct but mutually non-exclusive options: (1) the creation of copyright exceptions for user-generated creativity and (2) the limits to statutory or pre-established damages in the non-commercial context. This chapter further examines the benefits and drawbacks of these reform proposals and briefly responds to their most ardent critics.
Yu, Peter K, Increased Copyright Flexibilities for User-Generated Creativity (September 3, 2021) in The Future of IP: Reform Proposals, Gustavo Ghidini and Valeria Falce, eds, Edward Elgar Publishing, 2021, forthcoming, Texas A&M University School of Law Legal Studies Research Paper No 21-24.