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The Amendments to the Copyright Act



In light of the current development of digital technology, education policies and the COVID-19 pandemic, the Legislative Yuan, Taiwan Legislative Yuan passed the amendments to the Copyright Act on 27 May 2022 which were promulgated by the President on 15 June 2022. 

 

The amendments specifically add provisions permitting teachers unauthorized use of copyright-protected works in certain circumstances and for school teaching.  In addition, for developing national culture, add provisions permitting the national libraries digitally reproduce collections and provide online reading inside the libraries under conditions.  The main points of the amendments are as follows:

 

I.      Adding provisions permitting teachers unauthorized use of copyright-protected works while teaching registered students remotely (Amendment of Article 46)

 

The previous version of Copyright Act only allows teachers to print and distribute materials to students within a reasonable scope when teaching at the teaching site.  The amendments specifically add provisions permitting teachers to provide reference articles or materials to students through the Internet for the purpose of school teaching.

 

II.    Adding provisions permitting non-profit remote teaching to use o copyright-protected works with paying equitable remunerations for use (Amendment of Article 46-1)

 

For remote teaching, in addition to using it within the necessary scope of educational purposes, it is also required to pay the right holder remunerations for use, so as to take into account the rights and interests of the copyright owner.  While for-profit remote teaching, for example, online teaching by educational institutions such as cram schools which is not for public welfare, it is clearly stipulated that authorization is required to protect the rights and interests of copyright owners

 

III.  Adding provisions permitting textbook compilers can transmit electronic files to teachers and students to meet the educational needs of e-schoolbags (Amendment of Article 47)

 

Before the amendments, although textbook compilers can use copyright-protected works without authorization, they can only provide hard copies for teachers and students to use.  The amendments increase the fair use regulations that textbook compilers can transmit textbooks online.  In order to take into account the protection of the rights and interests of the copyright owner, this kind of use also needs to pay the copyright owner remunerations for use.

 

IV.   Adding provisions permitting national libraries digitally reproduce collections and provide online reading inside the library under conditions (Amendment of Article 48)

 

For developing national culture, add provisions permitting the national libraries digitally reproduce collections and provide online reading inside the libraries under conditions in order to avoid the damage of the works.

 

In addition, online reading for readers are available inside the libraries under conditions, so as to facilitate the digital service of the libraries and the preservation of collections

 

 

 

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