Copyright Exceptions for User-Generated Content: Comparative Analysis of Copyright Law in Canada and Thailand

Abstract

Creation of new works by using existing materials to express one’s self and communicate new meanings is a natural behavior of humans. Such creation is a fundamental human right and is related to public interest. Under reasonable conditions, copyright law allows certain exceptions to copyright infringements. In case of user-generated content, Section 29.21 of the Canadian copyright law is currently the only exception that explicitly and specifically permits creative re-uses of copyrighted works provided that all specified criteria are satisfied. This article analyzes copyright exceptions in Canada and Thailand which are pertinent to user-generated content: whether the provisions are sufficient and suitable for the balance between the interest of copyright holders and the public interest. It will also specify reasonable criteria for a user-generated content exception. The conclusion in this thesis would pave a way to a fair balance of rights in accordance with the change of society and technology in the current situation. Creation of new works by using existing materials to express one’s self and communicate new meanings is a natural behavior of humans. Such creation is a fundamental human right and is related to public interest. Under reasonable conditions, copyright law allows certain exceptions to copyright infringements. In case of user-generated content, Section 29.21 of the Canadian copyright law is currently the only exception that explicitly and specifically permits creative re-uses of copyrighted works provided that all specified criteria are satisfied. This article analyzes copyright exceptions in Canada and Thailand which are pertinent to user-generated content: whether the provisions are sufficient and suitable for the balance between the interest of copyright holders and the publicinterest. It will also specify reasonable criteria for a user-generated content exception. The conclusion in this thesis would pave a way to a fair balance of rights in accordance with the change of society and technology in the current situation. Creation of new works by using existing materials to express one’s self and communicate new meanings is a natural behavior of humans. Such creation is a fundamental human right and is related to public interest. Under reasonable conditions, copyright law allows certain exceptions to copyright infringements. In case of user-generated content, Section 29.21 of the Canadian copyright law is currently the only exception that explicitly and specifically permits creative re-uses of copyrighted works provided that all specified criteria are satisfied. This article analyzes copyright exceptions in Canada and Thailand which are pertinent to user-generated content: whether the provisions are sufficient and suitable for the balance between the interest of copyright holders and the public interest. It will also specify reasonable criteria for a user-generated content exception. The conclusion in this thesis would pave a way to a fair balance of rights in accordance with the change of society and technology in the current situation.