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International Journal of Academic and Practical Research This is an open access


article under the
Volume 1, Issue 1, May 2022 CC BY-NC-ND license.

Available online at http://actonlineedu.org/ijaapr/


ISSN (Print): 2980-4116; ISSN (Online): 2980-4124

Research Article

Context, Engagement and Impact


of Copyright Infringement Among
Selected Content Creators: A Brief
Descriptive Survey Study
Jethro D. Nicdaoa, Andrew Laurence T. Fatb, Proy D. Boloc and
Jhannery B. Mactald
a
Institute of Health and Sciences in Nursing, Far Eastern University, Manila, Philippines
b
College of Information Technology, National University, Manila, Philippines
c
Alumnus, Senior High School Department, Espiritu Santo Parochial School of Manila, Inc.,
Manila, Philippines
d
College of Dentistry, Centro Escolar University, Manila, Philippines Article ID No. 202208005

Article Information Abstract

Article History The primary goal of this research is to look into the effects of copyright
infringement on content creators, namely the benefits and drawbacks of
Received 01 Aug 2022 copyright infringement for aspiring and experienced content creators. The
Reviewed 05 Sep 2022 study's research approach is a quantitative research method that entails
Revised 03 Oct 2022 sending a survey to content creators for them to complete, with eighty
Accepted 10 Oct 2022 percent of those who responded having fewer than five copyright strikes
Published 24 Oct 2022 throughout their careers and the minority having more than five. The data's
Corresponding Author positive outcomes, on the other hand, were acquired solely from
questionnaire surveys. As a result of this research, the researchers were
nicdaojethro@gmail.com
a
able to identify the effects of copyright infringement. In addition, it was also
discovered that some content creators went out of their way to resolve their
Digital Object Identifiers copyright issues as per the chosen respondents. According to the data from
Zenodo Elsevier BV the respondents, out of every twenty-five content creators who had
https://doi.org/ http://dx.doi.or experienced copyright infringement issues, twelve of them attempted to
10.5281/zeno g/10.2139/ssr resolve the issue, while thirteen of them simply ignored it and had significant
do.7260718 n.4260840 negative outcomes. This shows that copyright infringement is a serious
problem that should not be taken lightly. From different content creations to
Quick Response Code educational and gaming reasons, information gathering procedures, and
finally legal awareness, there are consequences between the positives and
negatives of copyright infringement. Knowing the legal and policy
consequences of copyright infringement can help content creators, whether
they are just starting out or have been making content for a long time.
Keywords
content creators, copyright infringement, copyright issues, copyright strikes,
plagiarism
Copyright © 2022
Academic Course Tutorial Online Education Inc., International Journal of Academic and Practical Research, and the Author/s

Published by
Academic Course Tutorial Online Education Inc., Philippines
SEC Registration No. 2022090068590-16 Website: https://actonlineedu.org/
34

response by examining the copyright laws that govern


Introduction the actions of social media users. Tan (2018), an
expert in internet governance, contrasts copyright
rules on a few popular social media sites, including
Background of the Study Facebook, Pinterest, YouTube, Twitter, and Wikipedia,
with other legal considerations, including the terms of
Due to the expansion and quick spread of digital and service and the platform's technical specifications. In
online marketing, cord-cutting by consumers, and new spite of copyright's alleged regulation of specific
content being generated online, internet-based behaviors, users are "nudged" by the social media
advertising is the single fastest-growing ad platforms themselves to behave in ways that may be
expenditure category, exceeding TV, radio, and other in contravention of copyright laws, according to a case
more traditional media types. With the growth of new study describing the content-generating activities
media and greater content generation, content carried out by a hypothetical user named Jane Doe
creators' capacity to maintain and promote their brand and drawing from empirical studies.
has become more important than ever. According to
Henderson (2020), a content creator is someone who Copyright Infringement as User Innovation
develops appealing and awe-inspiring content for
viewers. The content they develop can be instructive, However, the owners of many manga and anime in
or it might just be entertaining enough to pique the Japan have been tolerating copyright violations by
interest of any visitor or passerby who has not self-published, primarily amateurish works known as
previously been interested in your company. However, "doujinshi." Many doujinshi are adaptations of well-
after viewing the video, they became interested and known anime or manga, but they are distributed
visited your website or social media accounts. without the owners of the copyrights' express consent.
Because of how interesting and amazing their content Thus, the writers could be in violation of Article 28 of
is, they will come up with new and original content. the Japanese Copyright Law, which outlines the rights
of original authors in situations when derivative works
But other people could use their original content are being used to profit from their work. Based on an
without permission and make new content from it, economic model that takes into account both positive
which would be a violation of their copyright. Under and negative externalities of derivative work, the
Philippine law, you can get a copyright for original researchers showed that disregarding copyright
intellectual works in the literary and creative fields. infringement by a derivative creator might sometimes
This includes books, pamphlets, articles, and other be best for the copyright holder. Also, it was shown
written works, as well as choreography, musical that when illegal use of a work protected by a
compositions, and other things. This research paper copyright is best for the owner of the copyright and for
was written to discover more about how content society as a whole (Arai & Kinukawa, 2014), the
creators engage the copyright law in order to create or opposite may not always be true.
exploit other people's content for their own use and/or
advantage in order to create new, fresh content for Copyright Law Issues in the Context of
their audience. The researchers also did this study
Video Games
report to see how well the copyright law affects the
creativity of content creators while they are making
new content that is not subject to the same laws. They Additionally, video game material has become more
did this by interviewing specific content creators and and more popular on websites like YouTube and
using other research articles to find out how they avoid Twitch. This category of submitted content consists of
copyright violations or do them. user-generated gameplay, such as pre-recorded "Let's
Play" videos and live-streamed playthroughs. It is
currently unclear how to apply current copyright law
Literature Review
concepts to this type of work. The execution of more
recent legislative measures to modernize copyright
Regulating Content on Social Media law for digital technologies has persisted in a habit of
favoring game companies over users who create Let's
Copyright, terms of service, and technical Plays and live broadcasts, so they are of little use.
characteristics are all part of social media content This article discussed the challenges in enforcing
regulation. When creating material, users are affected copyright laws now in place with regard to online video
by social media sites. Does this influence have an game playthroughs as well as the flaws in the
impact on how well users abide by copyright laws? automated controls created by YouTube and Twitch to
These are important problems in the era of the internet, manage this kind of material on their platforms. The
and managing social media material provides a researchers considered that mandatory licensing

International Journal of Academic and Practical Research


Volume 1, Issue 1, p. 33 - 39, May 2022
International Journal of Academic and Practical Research, 1(1) , 33 - 39 (May 2022) 35

agreements and modifications to YouTube's and Even if a work does not have a copyright symbol
Twitch's content scanning tools are the most practical attached to it, this is true. The vast majority of what
options for striking a better balance between the you view on the internet is hazardous to your health.
interests of game developers, internet platforms, Let's Because the content (blogs, literary or artistic works,
Play creators, and game streamers in the absence of and so on) was developed by someone else,
impending legislative changes (Tie, 2020). everything you see or read on the internet is
copyrighted by default. If you copy, reproduce, display,
Fair Use and Original Content or otherwise hold forth another's work (such as an
image, musical recording, article, or any other form of
In line with this, fair use is any copying of copyrighted work that you did not create) as your own, you are
material done for a restricted and "transformative" infringing on copyrighted content. This is true whether
purpose, such as to remark on, critique, or parody a or not you made a monetary profit from the use
copyrighted work in its broadest sense. Such uses are (Layton, 2022). This study is important and related to
permissible without the authorization of the copyright the current research because it looked at how content
owner. To put it another way, fair use is a defense to a creators can avoid copying other people's work without
copyright infringement lawsuit. Your use would not be permission.
regarded as an infringement if it qualified as fair use.
The essays discussed what constitutes fair use and Synthesis
how transformational original work may be (Stim,
2022). Being a content creator is not an easy task. You need
to think of new and inventive ways to make a profit.
In today's digitally-charged environment, original Some do it by streaming and some do it by making
content is a non-negotiable component of a solid videos. Both of them are the same in how they tackle
digital marketing plan. To make a long story short, it copyright strikes. Content creators, both new and
boosts your website's visibility and search engine veterans, have to tackle copyright strikes or lose
rankings. This type of content also aids in the income. But social media helps users search for
development of your online reputation and brand content according to their behavior and, by using an
image. This is particularly true with Google's algorithm, suggests new content for them to either
Hummingbird update, which favors semantically consume or replicate. Some content creators tackle
sensible content over websites that try to "game" the copyright strikes by reasoning with the person or
system by using keyword spinning and duplicate organization that gave the strike to them, but some
content. Your target audience is also looking for use "fair use" to defend themselves against copyright
genuine effort and creativity. When you deliver original infringements. Ignoring copyright infringements can
content that is relevant to your audience's interests, sometimes have both positive and negative effects on
they take notice. Consumers are more likely to believe both the copyright holder and the content creator that
that you are interested in building a positive is using it.
relationship with them when they see individualized
content rather than generic information (Alicia, 2019). Theoretical and Conceptual
As the researchers are both looking for unique Framework
information, it is relevant to the present study.
This study is anchored in accordance with the
Avoiding Copyright Infringement Copyright Infringement Law in terms of s. 28 of the
Decree on the Protection of Intellectual Property,
Furthermore, the following suggestions, while not Presidential Decree No. 49 (S.C.) and s. 19 of the
exhaustive, will help prevent unintentionally pirating Copyright Law of the Philippine Islands, Act No. 3134
another person's creative works: recognize the (S.C.), as it outlines the penalties provided by
safeguards offered by copyright laws. Copyright laws Philippine law for copyright infringement. Under
are commonly confused with trademarks, patents, and Philippine law, copyright infringement is punishable by
licenses. Although all of these are forms of intellectual imprisonment of between 1 to 3 years and a fine of
property, copyrights are the easiest to obtain and between 50,000 and 150,000 pesos for the offense.
infringe upon—whether purposefully or unintentionally. Copyright laws are important because they protect the
If it was not made by you, do not utilize it. The golden right of the author, artist, or other creator of a creative
rule is to obtain specific permission from the owner, work to decide when and how it can be copied and
author, or holder of the copyrighted material. Unless shared. They also stop people from taking the work
you are the creator, you are not permitted to use the without permission.
work.

Context, Engagement and Impact of Copyright Infringement Among Selected Content Creators
© Author/s 2022
36

Figure 1 Sample and Sampling Technique


Conceptual Framework of the Study
This study used judgmental or purposive sampling of
INPUT  PROCESS  OUTPUT twenty-five (25) content creators from Youtube, Twitch,
and Facebook gaming platforms to determine the
   effects of copyright infringement on content creators
Copyright that can provide us enough information to determine
Infringement the relevance of copyright infringement to content
Copyright
on Selected creators. An investigation of the content creators from
Infringement; Survey
Content three (3) different entertainment platforms was
Copyright Questionnaires;
Law; Content Statistical Data
Creators: conducted, in which content creators were to be made
Creators
Context, respondents, specifically eight (8) content creators
Engagement, from Youtube, nine (9) content creators from Twitch,
and Impact and eight (8) content creators from Facebook gaming.
Both respondents were from the same genre, which
Certain individuals take others' work and guarantee it included gaming and game reviews, music, lifestyle,
as their own, and that is obtrusive encroachment. and other more entertaining genres.
Intellectual property law states that "the award to the
copyright holder elite power over the dispersion and Research Instrument
proliferation of that material." To avoid copyright
infringement, the following should be observed: The data for the study was collected through a survey
continuously expect that the work is copyrighted; do questionnaire. A questionnaire is a type of research
not duplicate, share, or change without first looking for tool that consists of a series of questions (or other
authorization; review and hold permitting forms of prompts) that are used to collect data from
arrangements. respondents. Questionnaires were provided to twenty-
five (25) respondents who provided their perspectives
Statement of the Purpose on the consequences of copyright infringement on
content creators in order to determine its effects. The
The foremost subject of this study was to identify researchers prepared eight (8) questions about their
copyright infringement—the effects on content job as content developers as well as difficulties with
creators. The researchers would also accumulate the copyright infringement. The responses to these
responses to the following queries: questions will be answerable by yes or no, with follow-
up of a few short paragraphs.
1. Identify the experiences of selected content
creators regarding copyright infringement. Data Gathering Procedure
2. Examine the effects of how content creators
interact with those on a copyright strike. The researchers obtained authorization to conduct a
3. Determine how content creators solve the poll from each content creator. The survey was
copyright infringement problem. distributed by the researcher by sending them the link
to the survey through a Google Form due to the
pandemic restrictions and other limitations. So that the
content creator would not answer quickly, they were
given 24 hours to fill out the survey.
Research Design Data Analysis
This study was conducted as a brief descriptive survey. The data were analyzed using an interview as its basis
The approach known as descriptive survey research to know the relevance of copyright infringement. On
provides us with precise information by combining the other hand, to measure the existing data that the
quantitative and qualitative data. Participants who are researchers gathered throughout the interview, this
vital to the achievement of the study's objectives are study used narrative analysis (Tabuena & Hilario,
encouraged to take part in the research process 2021). This method involves the reformulation of
known as descriptive survey design, which is also an stories presented by respondents, taking into account
efficient use of time. In this case, it describes the the context of each case and the different experiences
current status or condition of a variable that has been of each respondent. In other words, narrative analysis
identified (Tabuena et al., 2021). It is meant to give is when researchers go back and look at the first-hand
systematic information about a phenomenon like the qualitative data.
content creator or how copyright strikes affect them.

International Journal of Academic and Practical Research


Volume 1, Issue 1, p. 33 - 39, May 2022
International Journal of Academic and Practical Research, 1(1) , 33 - 39 (May 2022) 37

Ethical Considerations less than 5 copyright strikes, while 3 or 12.00%


answered that they got more than 5 copyright strikes,
Copyright, a form of intellectual property law, protects and the respondents that answered more than they
original works of authorship, including literary, can remember are only 2 or 8.00%. It suggests that in
dramatic, musical, and artistic works. Research their careers as content providers, the majority of them
participants were not harmed in any way whatsoever. had fewer than 5 copyright strikes. The table shows
Before they did anything with the people who took part that there was a strong link between the number of
in the study, the researchers made sure to respect copyright strikes and the number of new content
their dignity and get their full consent. providers. Members with more experience were more
likely to get one or more strikes.

Response to Resolving Issues on


Copyright Infringement

Content Creators' Level of Experience Table 3


on Copyright Infringement Frequency, Percentage, and Rank Distribution on Resolved
Copyright Infringement Problems
Table 1
Frequency, Percentage, and Rank Distribution on the Indicators Frequency Percentage Rank
Duration of Being a Content Creator Yes 12 48.00% 2
No 13 52.00% 1
Indicators Frequency Percentage Rank Total 25 100.00%
Less than a month 10 40.00% 2
More than a year 15 60.00% 1 The number of content creators who tried and those
Total 25 100.00% who never tried to solve their problem is shown in
Table 3. It shows the response of content creators to
From Table 1, it could be seen that 15 out of 25 resolving their problem in accordance with copyright
respondents answered "more than a year," which infringement. Twelve (12) or 48.00% of respondents
indicates 60% of the respondents experienced being a answered yes that they resolved issues with regard to
content creator for copyright infringement, while 10 out copyright infrigement. 52.00%, or 13 of them,
of 25 respondents answered "less than a month," answered no. A large number of respondents,
which accounts for 40% of them. The majority of the including 13 of them, have not even tried to address
respondents are classified as experienced content the problem related to their profession, whereas the
creators, compromising 15 or 60% of them. According other content producers, including 12 of them, have
to the interview, the table shows that there is a strong tried to solve the problem related to their career.
link between experienced content creators and those
who make their own unique content, which helps them
make their own unique content, while new content Discussion
creators have trouble making their own unique style of
content.
This study was conducted to determine the different
Accumulated Number of Copyright experiences of copyright infringement among selected
content creators—hard work should be rewarded and
Strikes Among Content Creators
authors should retain control of the fruits of their
Table 2 labors—that will promote a more knowledgeable
Frequency, Percentage, and Rank Distribution on the outlook on content creation. In accordance with the
Accumulated Number of Copyright Strikes present findings, most of the respondents are like
each other in how they react and solve copyright
Indicators Frequency Percentage Rank issues. It focused on identifying, analyzing, and
Less than 5 20 80.00% 3.5 determining the participants' experiences and
More than 5 3 12.00% 3.5 engagement with the aforementioned issues, as well
More than I can 2 8.00% 2 as how they solved that specific issue.
remember
Total 25 100.00% The following data gathered indicates that the majority
of respondents are experienced content creators. In
Table 2 shows the number of copyright strikes given to their careers as content providers, the majority of them
content creators throughout their careers. It shows that have had fewer than five (5) copyright strikes. Yet, just
20 or 80.00% of the respondents answered having almost half have tried to solve the problem related to

Context, Engagement and Impact of Copyright Infringement Among Selected Content Creators
© Author/s 2022
38

their career. One of the limitations of the present study content creators solved the problem of copyright
is the nature and character of the use because these infringement by negotiating with the other party.
days it seems like copyright issues are everywhere However, many of the content creators said that this
that extrapolate the issue to the general population, was no longer the case.
making this study widely important. The main findings
of the research show that the majority of the In reality, individuals do not have the capability of
respondents react to and resolve copyright issues in restraining conflicts and problems in their lives, such
similar ways. as the inevitable judgments and criticism, but they do
have the potential to learn how to disregard those
negative things that do not really help for peace of
mind but only tear it down. Therefore, to further
enhance this study, for future researchers, this part will
assist them in constructing a new study based on the
findings and study procedure, and they will be able to
assist them in making better research by
The researchers concluded that after further analysis understanding this study. For those students avoiding
of the data gathered from the interview, it is always copyright infringement, do not copy, share, or alter
issued strikes to content providers. Some of the anything without seeking permission. For those
effects and experiences that the researchers have content makers, this can be an aid for them to know
gathered from the chosen subjects have a lot in what they should be kept away from so they are
common and only a few differences. Based on the protected and figure out how to give credit to the
interview, a huge number of content makers genuine proprietor. Consider a new great substance
experienced more than five (5) copyright strikes. The that will help other people that others have not done
vast majority of them attempted to determine their previously.
copyright strikes. Through the survey, it was found that

International Journal of Academic and Practical Research


Volume 1, Issue 1, p. 33 - 39, May 2022
International Journal of Academic and Practical Research, 1(1) , 33 - 39 (May 2022) 39

Alicia, P. (2019). The importance of using original content. Stim, R. (2022). Getting permission: Using & licensing
Content Writers LLC. https://contentwriters.com/blog/the- copyright-protected materials online & off. Nolo.
importance-of-using-original-content/ https://store.nolo.com/products/getting-permission-
riper.html
Arai, Y., & Kinukawa, S. (2014). Copyright infringement as user
innovation. Journal of Cultural Economics, 38(2), 131-144. Tabuena, A. C., & Hilario, Y. M. C. (2021). Research data
analysis methods in addressing the K-12 learning
Copyright Law of the Philippine Islands, Act No. 3134 (S.C.) s. competency on data analysis procedures among senior
19 (PHL). high school research courses. International Journal of
Decree on the Protection of Intellectual Property, Presidential Recent Research and Applied Studies, 8(3), 1-7.
Decree No. 49 (S.C.) s. 28 (PHL). Tabuena, A. C., Hilario, Y. M. C., & Buenaflor, M. P. (2021).
https://www.officialgazette.gov.ph/1972/11/14/presidential- Overview and exemplar components of the research
decree-no-49-s-1972/ methodology on the research writing process for senior
Henderson, G. (2020, May 24). What is a content creator? high school students. International Journal of Trend in
DigitalMarketing.org Scientific Research and Development, 5(3), 117-126.
https://www.digitalmarketing.org/blog/what-is-a-content- Tan, C. (2018). Regulating content on social media: Copyright,
creator terms of service and technological features (p. 278).
Layton, J. (2022, July 28). How to avoid copyright infringement. University College London Press.
LegalZoom.com, Inc. Tie, A. L. (2020). Copyright law issues in the context of video
https://www.legalzoom.com/articles/how-to-avoid- game Let's Plays and livestreams. Interactive
copyright-infringement Entertainment Law Review, 3(2), 121-130.

Author(s)’ Statements on Ethics and Conflict of Interest


Ethics Statement The author/s hereby declare that research/publication ethics and citing principles
have been considered in all the stages of the study. The author/s take full
responsibility for the content of the paper in case of dispute.
Originality and The manuscript has a similarity assessment of less than 20% in accordance with the
Plagiarism publication ethics in terms of originality and plagiarism and the plagiarism policy of
Assessment the journal.
Statement of The author/s have no conflict of interest to declare.
Interest
Funding None

Suggested Citation
American Nicdao, J. D., Fat, A. L. T., Bolo, P. D., & Mactal, J. B. (2022). Context, engagement
Psychological and impact of copyright infringement among selected content creators: A brief
Association (APA) descriptive survey study. International Journal of Academic and Practical Research,
1(1), 33 - 39.

Copyright © 2022
Academic Course Tutorial Online Education Inc., International Journal of Academic and Practical Research, and the Author/s

Context, Engagement and Impact of Copyright Infringement Among Selected Content Creators
© Author/s 2022

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