In response to advancements in digital technology that have increased learning outcomes and created a need for digital schoolbags, as well as to facilitate preservation of books and digital services within libraries, the Legislative Yuan passed partial draft amendments to the Copyright Act by a third reading on May 27, 2022. The amendments were promulgated by Presidential Order on June 15. Main amendments include:

I. Fair use of copyrighted works by schools for registered students during distance learning

In response to technological developments, distance learning needs after school shut-downs due to the pandemic, and to ensure that teachers can provide remote instruction as they do in the classroom, the amendments stipulate that – within the necessary scope of classroom instruction – teachers may distribute reference materials or information to students online. And because 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.

II. Not-for-profit remote education institutions may use copyrighted works but are required to pay remuneration

Current law in Taiwan only regulates television-based education like that of open universities and does not include rules for the fair use of copyrighted works for online education. As such, amendments were drafted to regulate the fair use of copyrighted works by educational institutions or schools for the purpose of distance online learning. But not-for-profit educational institutions, like the MOOCs education platform eDX, are aimed at the general public and therefore, 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 (e.g.: 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.

III. Textbook preparers may transmit digital copies to teachers and students

In order to meet the need for digital school bags for students in the digital era, amendments were drafted to allow textbook preparers to transmit textbooks over the internet under reasonable conditions, but remuneration must be paid for the authorized use of copyrighted works for the aforementioned situation.

IV. The National Central Library (NCL) may create a digital collection that is accessible to visitors on the library's intranet

With the aim to facilitate cultural development with the National Central Library, the amendments allow NCL to digitally reproduce its book 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.

• Publish Date : 2022-07-18
• Update : 2023-03-01
• Organization : International Legal Affairs Office
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