Thursday, September 15 2022   \  Published by Deep & Far Attorneys .

Taiwan Updates Distance Learning IP Rules

Taiwan Updates Distance Learning IP Rules

In response to current technological developments, educational policies, and pandemic measures, the Legislative Yuan passed partial draft amendments to the Copyright Act in a third reading on May 27, 2022.

The amendments target aspects of distance learning such as the rules for fair use of copyrighted works, allowing teachers to provide classroom instruction without unnecessary worry. In accordance with digital education policies, the amendments also allow textbook preparers to transmit digital copies to teachers and students to promote the use of e-schoolbags as a replacement for the heavy backpacks that previous generations had to endure. The main amendments are as follows:

1. Within the necessary scope of classroom instruction, teachers may offer reference materials or information to students online. This is in response to the pandemic situation as well as international technological development trends.

2. Not-for-profit remote education may use copyrighted works but must still pay for copyright authorization. For-profit distance learning activities must acquire paid authorization also.

3. Textbook preparers may transmit digital copies of copyrighted works to teachers and students for e-schoolbags unlike previously when only paper copies of textbooks were allowed to be distributed. Remuneration must be paid for the authorized use of copyrighted works under the new regulations.

4. The National Central Library (NCL) will be allowed to digitally reproduce its collection in advance as a precaution against damage or loss. The NCL and affiliated libraries will also allow readers access to the digital collection via computers within the libraries.

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