Copyright Ownership in User-Generated Content

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Authors: Vikrant Diwakar

Abstract: User-generated content (UGC) has emerged as a key element in the digital economy, posing intricate issues about copyright ownership, management, and monetization. This paper investigates the changing legal framework for UGC, highlighting the dynamic interplay among creators, online platforms, and new technologies. Users are generally the initial creators and may be the principal copyright owners of their content, subject to statutory exceptions; however, ownership can be materially affected in practice by platform licensing terms, which may confer extensive permissions on service providers. The study examines moral and economic rights, contractual licensing, rights-management tools such as metadata and Creative Commons licensing, blockchain-based provenance, content removal and archiving, revenue-sharing, artificial intelligence, privacy, publicity and cross-border enforcement. The revised version preserves the original discussion while correcting legal overstatements, especially the description of copyright as a 'Fourteenth Amendment System' and the treatment of non-copyrightable material as automatically public domain. It also adds a stronger Indian legal framework, verified authorities, comparative analysis and a focused research gap. Particular attention is given to AI-assisted and AI-generated UGC, including human authorship, originality, training-data questions and the 2026 Indian framework concerning synthetically generated information. The paper advocates a balanced and adaptive approach to copyright governance that protects creator interests, promotes transparent platform licensing and revenue sharing, supports responsible moderation, and permits technological innovation.

DOI: https://doi.org/10.5281/zenodo.22253782

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