Fair Use in the Copyright Law for Teachers Using e-Learning: A Study on Court Decisions (2006-2013) in Taiwan

• Main Authors: Su-Hsin Lin, 林素幸
• Other Authors: Chih-Liang Yeh
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/svukx3

碩士 === 元智大學 === 資訊社會學碩士學位學程 === 102 === This thesis is to explore the issues of copyright infringement out of the scope of fair use when teachers use web-based technology for preparing lecture materials and the study method is based on the analyses of court decisions from 2006 to 2013 in Taiwan. According to the court decisions, teachers are vulnerable in the process of e-learning and cause infringements of the right to produce copies, the right to public transmission and the right to place the name of author. The thesis found the two major conclusions. For the part of fair use, those who are eligible to teach may have a better chance to justify the acts of make copies and public transmission that are under educational purpose and meet the requirements of fair use stipulated in Paragrah 2, Article 65 of Copyright Act. For the part of the right to place name of author, teachers should indicate the author’s name when using the work with author’s name; if the work does not indicate the name of author, teachers should indicate the reference or source when using the work. The thesis suggests that teachers who prepare the lecture materials for make copies of other’s work should consider the revelance of education and should be better use the official website for e-learning when making the lecture material available for students. Teachers should be aware of the four factors in the Paragraph 2, Article 65 of Copyright Act when make copies of other’s work and should indicate the name of author when use his or her work. However, the better way to avoid the dispute of infringement is to obtain a license or prior approval from the author in order to obey the copright law and respect the author.