The Artist As User: the Problem with UGC in the new Copyright Act
In Teresa Scassa’s article:
The UGC exception in Bill C-11 touches only a subset of UGC, and characterizes the “user” in UGC as one who makes use of the copyright-protected works of others. This is not without its own difficulties. In the first place, it perpetuates the myth that the regular “creator” does not borrow from or use the works of others. They may not do so quite so explicitly, but the contemporary creative context is rife with examples of appropriation both from the public domain and from copyright-protected works. 40 Further, by emphasizing the “use” of the works of others, it constructs UGC as a more parasitic activity than perhaps it deserves to be. Some UGC may be highly creative, innovative and transformative.