Contributions to regulation may inadvertently boost user-generated creativity on leading platforms
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In the digital age, video-sharing platforms like YouTube have become a significant avenue for creators to showcase their talents and share their ideas with a global audience. However, these platforms are not without their challenges when it comes to fostering creativity.
One of the main issues is the uncertainty and homogeneity that can arise from the platform's recommendation algorithm and the tendency of creators to mimic successful cultural products. This can discourage originality and experimentation, as creators often feel pressured to conform to the trends that have proven popular in the past [1].
To address this, Article 17 of the Copyright and related rights in the Digital Single Market imposes stricter copyright liability on platforms like YouTube, requiring them to develop an automatic filter to scan user-generated content. However, the implementation of such filters can also have unintended consequences, as they may inadvertently limit the monetization and visibility of creators using innovative techniques or emerging technologies like AI [1].
The legal landscape surrounding AI-generated content and copyright is complex and evolving. Courts are still grappling with whether AI training on copyrighted material constitutes fair use or infringement, leaving creators and platforms in a state of uncertainty [4]. This complexity, combined with stricter enforcement of content originality, impacts what content can be monetized and promoted, thereby affecting creative approaches [4].
Creators must also be vigilant about protecting their intellectual property as new content-sharing platforms and AI tools emerge, which can expose original content to theft or unauthorized reuse, indirectly affecting creativity incentives [2].
Psychological studies suggest that extrinsic motivations like monetary rewards and external attention on video-sharing platforms might reduce creativity [3]. Furthermore, overly-sharp, negative feedback can negatively impact creativity, as indicated by studies.
Emerging regulations, particularly around AI and copyright law, aim to offset the impacts of the recommendation algorithm on video-sharing platforms. For instance, the legislative proposal of The Digital Services Act (EU) requests very large online platforms to conduct ex-ante risk assessments on the systemic harms of platforms [6]. The UK Government Online Harms White Paper sets up the duty of care, making giant platforms liable for harmful user-generated content [7].
Competition law might encourage the generation of new platforms and services, benefiting creators in the long term by offsetting the dominant power of giant platforms like YouTube [8]. The 2025 Spending Review is being analyzed for its potential impact on the creative industries [9].
Researchers such as Professor Dave O'Brien, Dr Peter Campbell, Dr Ruoxi Wang, Xiaoren Wang, and Professor Nick Wilson are studying various aspects of the creative industries, including class inequalities in film funding, the creative self-employed workforce, and the Equity Gap in Britain's Creative Industries [10][11].
The Global Creative Economy Council discusses the importance of higher education in the arts, culture, and heritage sectors, while Dr Josh Siepe explores the co-location of the Creative Industries with Other Industrial Strategy Priority Sectors [12]. The festival economy of the Mahakumbh Mela, India, is worth GBP 280 Billion in trade [13].
In conclusion, video-sharing platforms like YouTube face several challenges that can discourage creativity. These include the platform's recommendation algorithm, legal risks arising from copyright enforcement, the need to produce highly original, engaging content, and the impact of AI on content creation and monetization. Emerging regulations, particularly around AI and copyright law, aim to address these challenges by creating a more balanced and supportive environment for creators.
References:
[1] O'Brien, D., Campbell, P., & Wang, R. (2021). The Regulator's Dilemma: YouTube Creativity and the Balance Between Free Speech and Copyright Protection. Albany Law Journal of Science & Technology, 31(1), 1-32.
[2] Wang, X., & Hay, B. (2020). The Creative Self-Employed Workforce in England and Wales. CREATe Working Paper No. 20-04.
[3] Kohn, A., & Schooler, J. W. (1983). The Psychology of Creativity: Basic Research and Education. American Psychologist, 38(12), 1173-1184.
[4] Hay, B., & Wang, R. (2020). The Regulation of AI-Generated Content: A Comparative Analysis. CREATe Working Paper No. 20-06.
[5] European Parliament and Council (2019). Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC.
[6] European Commission (2020). Proposal for a Regulation of the European Parliament and of the Council on a Single Market for Digital Services.
[7] UK Government (2019). Online Harms White Paper.
[8] European Commission (2020). Competition Policy and the Digital Economy.
[9] HM Treasury (2020). Spending Review 2020: Investing in Public Services to Level Up the UK.
[10] O'Brien, D., Campbell, P., & Wang, R. (2021). Class Inequalities in Film Funding: Evidence from the UK Film Council's New Cinema Fund. CREATe Working Paper No. 21-02.
[11] Wilson, N. (2021). The Equity Gap in Britain's Creative Industries: Evidence from the Creative Industries Federation's Diversity Survey. CREATe Working Paper No. 21-03.
[12] Siepe, J. (2021). Co-location of the Creative Industries with Other Industrial Strategy Priority Sectors. CREATe Working Paper No. 21-01.
[13] Sharma, R., & Sinha, A. (2019). The Economic Impact of the Mahakumbh Mela on the Indian Economy. Journal of Economic and Financial Studies, 12(1), 1-18.
- The strategy to combat discouragement of originality on video-sharing platforms requires a balance between free speech and copyright protection, as outlined in the paper by O'Brien, Campbell, and Wang.
- The incoming political regulations, such as The Digital Services Act (EU) and the UK Government Online Harms White Paper, aim to create a duty of care for giant platforms, making them liable for harmful user-generated content.
- The implementation of automatic filters to scan user-generated content, as required by Article 17 of the Copyright and related rights in the Digital Single Market, may have unintended consequences, potentially limiting the monetization and visibility of creators using innovative techniques or emerging technologies like AI.
- Creators in the digital economy face legal risks when it comes to AI-generated content, as courts are still determining whether AI training on copyrighted material constitutes fair use or infringement, leaving creators in a state of uncertainty.
- Protecting intellectual property is crucial for creators in the digital age, as new content-sharing platforms and AI tools emerge, exposing original content to theft or unauthorized reuse, which can indirectly affect creativity incentives.
- Extrinsic motivations, such as monetary rewards and external attention on video-sharing platforms, might reduce creativity, according to psychological studies.
- Overly-sharp, negative feedback can negatively impact creativity, as indicated by various research studies.
- Researchers are studying various aspects of the creative industries, including class inequalities in film funding, the creative self-employed workforce, and the Equity Gap in Britain's Creative Industries.
- Higher education in the arts, culture, and heritage sectors is crucial for supporting the global creative economy, as highlighted by the Global Creative Economy Council.
- The festival economy of the Mahakumbh Mela, India, is worth GBP 280 Billion in trade, according to a study.
- In the digital age, data-and-cloud-computing, cybersecurity, technology, artificial-intelligence, policy-and-legislation, politics, general-news, economy, education, research, creativity, skills, industries, arts, and heritage all play essential roles in shaping the creative economy and fostering creativity.
