The current copyright acquis is equipped to deal with UGC. UGC is not a new, unaddressed market. UGCs as either original or derivative works, or both, is being accommodated by existing mechanisms in place to deal with derivative works (i.e. licensing solutions). Music publishers already have licensing solutions for these uses. The way licences are being offered and the scope of these licences makes it easy for users to create and share UGC based on a wide range of musical works. Thus, we do not believe that UGC raises any new specific issues and even if it did, we think that the current EU’s Copyright Acquis is well-equipped to address them.
The current framework already provides for the necessary conditions to foster and to promote UGC. In the past few years, many interactive Internet websites dedicated to allow users to express their creativity by using protected works have flourished within the current legal framework. This proves that the current legal framework works and allows for UGC to develop. The fact that no examples of cases being brought against users in respect of UGC could be produced during the Licenses for Europe discussions was particularly informative of the scale of the so-perceived “problem”.