The Legislative Yuan Passed Third Reading for the Amendment to Copyright Act Regarding Fair Use of Work by the Learning Disabled.

On 5 January 2010, the Legislative Yuan passed the third reading for the draft amendment to Article 53 of the Copyright Act as follows:

Article 53 of the Copyright Act

Works that have been publicly released may be reproduced in Braille or with accompanying sign language translation or text for the visually impaired, learning disabled, hearing impaired or others having a handicap in perceiving visual or audio expressions.

For the purpose of promoting the welfare of the visually impaired, learning disabled, hearing impaired or others having a handicap in perceiving visual or audio expressions, legally accredited non-profit institutions or organizations may, by means of sound recordings, computers, verbal imagery, accompanying sign language translation, or otherwise, exploit works that have been publicly released, for exclusive use by the visually impaired, learning disabled, hearing impaired or others having a handicap in perceiving visual or audio expressions.

People can have access to information and enjoy work pieces through visual and audio expressions, therefore even the current Article 53 of the Copyright Act has incorporated fair use of work by visually and hearing impaired but fail to include the disabled resulting from physical, physiological, mental, and cognitive that have led to abnormal visual or audio perceptions.  For example, dyslexia resulted from learning disabilities, or the aged or those after having traumatic brain injury can not hold, manipulate, or control eye movements in order to read like an ordinary person.

In order to give those disabilities mentioned above the same opportunities for accessing and enjoying work pieces as those of ordinary people, the Legislative Yuan passed the proposed amendment to the Copyright Act by enlarging the scope of the fair use of work by those visually or hearing impaired resulting from physical and mental handicap into Article 53 of the Copyright Act for full implementation of the protection of rights and interests of those physically and mentally disabled.  (2009.12)
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