Copyright and Anonymity in the Creative User-Generated World

Erscheinungsjahr 2025
ISBN: 978-1-5099-8232-5
Verlag: Hart Publishing

Buch, Englisch, 200 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 467 g

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC).

Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan.

Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms.

This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Autoren/Hrsg.

Maguire, Rachel

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction
2. Understanding (Creative) User-Generated Content and Copyright
3. Optimising Creativity: Copyright and Anonymity

4. Regulating Creative User-Generated Content: Norms and Values
5. Regulating Creative User-Generated Content: The Communication, Enforcement and Efficiency of Norms
6. Copyright Reform for Creative User-Generated Content
7. Concluding Remarks

Über Autor(innen)

Maguire, Rachel
Rachel Maguire is Lecturer in Law at Royal Holloway, University of London, UK, where her research focuses on the intersections of creativity, technology and law, with a particular focus on copyright and media law. Rachel holds a PhD from Queen Mary, University of London (2021).

Rachel Maguire is Lecturer in Law at Royal Holloway, University of London, UK.