On January 22, 2014, Office of the President published amendment to five articles in the Copyright Act (hereinafter, the “Amendment”). Highlights of the Amendment are summarized as follows:
- Amendment to Article 53 of the Copyright Act expands the scope of fair use to entitle local or central government agencies, non-profit organizations or associations, and registered schools of all levels to exploit published works by translation, braille, sound recording, digital conversion, audio description and captioned sign language, etc. for people with visual or hearing impairment or other disability, and to permit the distribution and public transmission of published works between the above organizations or associations and persons with visual or hearing impairments or other disability. The Amendment also allows people with visual or hearing impairments or other disability to re-exploit such works for his/her own non-profit use.
- Amendment to Paragraph II of Article 65 of the Copyright Act clearly prescribes that the wording “within necessary scope” in the various fair use provisions under Article 44 to Article 63 be subject to the four fair use test standards as prescribed in Paragraph II of Article 65 (i.e., the purpose and nature of the use, the nature of the work, the amount and substantiality of the use and the influence of the use in the potential market for or value of the work).
- Amendment of the term “a copy of work” in Article 87, para. I-(4) to be “an authorized copy of work in a foreign jurisdiction” to explicitly prohibit parallel importation of works.