Education Field Disapproves of Intellectual Property Office’s Stipulation in Regard to Reasonable Scope of Book Copying.

Since copyright disputes often arise from educational materials copying in schools, the Intellectual Property Office (“IPO”), Ministry of Economic Affairs recently enacted a draft agreement on “reasonable scope of books copying necessary for the purpose of teaching in all levels of schools” (website at www.tipo.gov.tw), which standardizes copyrighted works copying, such as pedagogical texts, periodicals, poetry, or even music, photography, etc.. The maximum quantity of photocopies of each kind of work is specified as follows: 5% of the total pages of a pedagogical text in one semester, 250 words for poetry, 2500 words for story and articles, 10% for lyrics and notations, and 15 pieces of news reports in one newspapers. As predicted, such stipulation will substantially impact all levels of schools.

 

This draft agreement as well regulates that photocopy of the same work or a periodical in one semester in all levels of schools shall not exceed 3 pieces and that copying for any one course shall not done over 9 times. Pedagogical texts copying shall be done in schools and one copy shall be limited to only one student of relevant courses. In accordance with the Copyright Law, teachers or students who are indicted for violation of relevant regulation shall be fined from NT$10,000 to $1,000,000 and a fine up to NT$5,000,000 shall be imposed on those of more severe offense.

 

Strong disapproval of such austere regulation pervades the education field. Those from education field point out the following questions and concerns: 1. such stipulation is too rigid to be enforced and is so sclerotic that teachers and students will easily break the law; 2. who are going to enforce such regulation; 3. whether the prosecutor and investigation authority are to conduct investigation in schools all the time. They suggest that opinions should be gathered from all levels of schools, and more appropriate standards should be set up for various educational and professional fields. More autonomous and flexible standards shall be given to avoid huge impact on the education field. (2004.10)

CYJ/CCS