User-generated online content 2: Policy implications

Authors

  • Michael B. McNally University of Western Ontario
  • Samuel E. Trosow The University of Western Ontario
  • Lola Wong The University of Western Ontario
  • Caroline Whippey The University of Western Ontario
  • Jacquelyn Burkell The University of Western Ontario
  • Pamela J. McKenzie The University of Western Ontario

DOI:

https://doi.org/10.5210/fm.v17i6.3913

Keywords:

user-generated content, copyright, patents, intellectual property, technological protection measures, privacy

Abstract

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.

Author Biographies

Michael B. McNally, University of Western Ontario

Doctoral Candidate, Faculty of Information and Media Studies

Samuel E. Trosow, The University of Western Ontario

Associate Professor, Faculty of Information and Media Studies and Faculty of Law

Lola Wong, The University of Western Ontario

Doctoral Student, Faculty of Information and Media Studies

Caroline Whippey, The University of Western Ontario

Doctoral Student, Faculty of Information and Media Studies

Jacquelyn Burkell, The University of Western Ontario

Associate Professor, Faculty of Information and Media Studies

Pamela J. McKenzie, The University of Western Ontario

Associate Professor, Faculty of Information and Media Studies

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Published

2012-06-08

How to Cite

McNally, M. B., Trosow, S. E., Wong, L., Whippey, C., Burkell, J., & McKenzie, P. J. (2012). User-generated online content 2: Policy implications. First Monday, 17(6). https://doi.org/10.5210/fm.v17i6.3913