How to Regulate Platforms Through a Non-Exploitative User-Generated-Content Levy

Abstract

The democratization of technology to re-create content and make that content publicly available has spurred a wave of user-generated content (UGC), which has produced remarkable social and economic benefits. However, under current copyright law, UGC creators face the dilemma of being deterred from creating UGC because of the risk of copyright infringement, copyright owners can rarely obtain remuneration from UGC, and UGC platforms profit from UGC without being held liable for copyright infringement. Recent proposals to extend fair use and compulsory licenses to UGC creators and impose direct liability on UGC platforms cannot solve the UGC dilemma due to the inadequate or unreasonable regulation of UGC platforms. This study aims to solve the UGC dilemma by proposing a non-exploitative UGC levy on UGC platforms. We demonstrate the necessity of the non-exploitative UGC levy by conducting a comparative study of existing proposals and illustrate the feasibility of the non-exploitative UGC levy through an institutional analysis of its framework and enforcement mechanisms. Justification of the proposed levy and responses to possible criticism are also provided. The levy scheme also provides inspiration for how copyright law can address burgeoning artificial intelligence-generated content (AIGC).