Introduction
Unauthorised use of copyright-protected works for teaching purposes
Rights holder renumeration for use of copyright-protected works
Use of copyright-protected works by textbook compilers
Digital reproductions of library collections


Introduction

On 27 May 2022, the Legislative Yuan passed various amendments to the Copyright Act in light of the development of digital technology and education policies and the covid-19 pandemic. The president promulgated the amendments on 15 June 2022.

The amendments permit:

  • teachers to use copyright-protected works without authorisation for teaching purposes and in certain other circumstances; and
  • national libraries to digitally reproduce collections and facilitate online reading under certain conditions.

The main points of the amendments are as follows.

Unauthorised use of copyright-protected works for teaching purposes

The previous version of Copyright Act only allowed teachers to print and distribute materials to students within a reasonable scope when teaching at the teaching site. Amended article 46 specifically permits teachers who are teaching registered students remotely to provide reference articles or materials to students through the Internet for teaching purposes.

Rights holder renumeration for use of copyright-protected works

Under amended article 46-1, while copyright-protected material may be used by teachers who are carrying out not-for-profit remote teaching to the extent necessary for educational purposes, the rights holder must be paid remuneration for such use. Under the same article, in situations of for-profit remote teaching – for example, online teaching by educational institutions that are not for public welfare, such as cram schools – authorisation is required to protect the rights and interests of copyright owners.

Use of copyright-protected works by textbook compilers

Prior to the amendments, although textbook compilers could use copyright-protected works without authorisation, they could only provide hard copies for teachers and students to use. Amended article 47 increases the fair use regulations such that textbook compilers may now transmit textbooks online. The copyright owner must be paid remuneration for such use.

Digital reproductions of library collections

To develop the national culture, amended article 48 permits national libraries to digitally reproduce collections and facilitate online reading under specific conditions in order to avoid damage to the works.

For further information on this topic please contact Cathy Ting or Sophia Chen at Lee and Li Attorneys at Law by telephone (+886 2 2763 8000) or email ([email protected] or [email protected]). The Lee and Li website can be accessed at www.leeandli.com.