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

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.