User-generated online content 2: Policy implications

  • 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
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
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