| The Legislative Yuan passed partial draft amendments to the Copyright Act by a third reading on May 27, which came into force on June 15 after the President officially promulgated it. In brief, Article 46-1 is newly adopted and Articles 46, 47 and 48 are amended – the main highlights of which are as follows: |
| 1. Fair use of copyrighted works by schools for registered students during distance learning |
| To ensure that teachers can provide remote education as they do in the classroom, the amendments stipulate that – within the necessary scope of classroom instruction – teachers may offer reference materials or information to students online. The amendments come in response to distance learning needs after school shut-downs due to the pandemic and aim to make education more effective, as well as to align with international and technological development trends. In addition, to avoid excessive infringement of copyrights, schools are required to take reasonable technical measures (e.g. account, passwords) to prevent students not taking the class from accessing the courses. Considering that remote education is instrumental to public interest, school teachers are exempt from obtaining paid authorization for the use of copyrighted works in their lessons to ensure that teaching activities can resume unimpeded. (Article 46) |
| 2. Not-for-profit remote education may use copyrighted works and are required to pay remuneration |
| With regard to remote education directed at the general public (e.g. not-for-profit MOOCs education platform eDX, etc.), amendments were drafted to regulate the fair use of copyrighted works by educational institutions or schools for the purpose of distance online learning. Because use may vary from traditional and TV broadcasts to synchronous or on demand online transmissions, and the courses are aimed at the general public – a broader and different base than the aforementioned registered students – these institutions must still pay for copyright authorization within the necessary scope of education to ensure the rights of copyright holders. As for-profit distance learning activities, such as online education provided by cram schools, etc., are not directed at public interests, the amendments stipulate clearly that paid authorization is required for use of copyrighted works to protect the rights of copyright holders. (Article 46-1) |
| 3. Textbook preparers may transmit digital copies to teachers and students to meet the need for e-schoolbags |
| In order to meet the need for e-schoolbags for students in the digital era, amendments were drafted to allow textbook preparers to digitally transmit textbooks under reasonable conditions. Thus, remuneration must be paid for the authorized use of copyrighted works for the aforementioned situation so as to ensure the rights of copyright holders. (Article 47) |
| 4. The National Central Library (NCL) may create a digital collection that is only accessible to visitors on the libraries intranet |
| With the aim to facilitate cultural development with the National Central Library, the amendments allow NCL to digitally reproduce its collection in advance as a precaution against damage or loss, so that contemporary works may be better preserved at the NCL. Another amendment stipulates that the NCL and other library institutions may, under certain restrictions, allow readers to access the digital collection via computers within the libraries, in lieu of lending or allowing physical access to the original paperback. The amendments not only aid in the digitalization of library services but also facilitate the preservation of physical library collections. (Article 48) (Source: https://www.tipo.gov.tw/en/cp-282-911437-23ad8-2.html ) |
