C Ouyang (NOU)
The doctrine of fair Use has been developed in many jurisdictions as one of the key copyright concept. However, as the notion of fair use itself is abstract and conceptual, sometimes it may not be easy to draw a crystal clear line between what acts are legally permissible and what are aberrant and prone to infringe the rights and interests of other persons.
This presentation is prepared with the aim of exploring possible alternatives dealing with the fair use doctrine with a focus on the latest copyright law amendment provisions in Taiwan. In addition to introducing and analyzing the proposed amendment bill, the presentation will also assess the potential impacts the amendment may have on OER community for availing itself of a more effective legal tool against copyright infringement claims. Further, the presentation will make a comparative observation by looking into how similar issues are addressed and handled in other jurisdictions and would suggest building up a multi-jurisdiction platform through which communications and coordination can be effectively made to promote application of the fair use doctrine as an effective means of facilitating OER.
Extended abstract: OE_Global_2021_paper_26.pdf 📄
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