Copyright is an exclusive right obtained by the author at the time a work is completed. It grants the copyright holder the ability to reproduce, adapt, compile, rent, distribute, and perform other related acts with the work. However, in order to allow the public to use others’ works within a reasonable scope for non-profit purposes such as academic research, education, or personal use, exceptions to copyright infringement are stipulated. These exceptions permit fair use under specific circumstances.
Criteria for Determining Fair Use
There are four main criteria used to assess whether the use of a work constitutes fair use:
1. The purpose and character of the use, including whether it is for commercial purposes or
for non-profit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the portion used in relation to the entire work.
4. The effect of the use on the potential market or current value of the copyrighted work.
Common Q&A on Fair Use
1. How to fairly use others’ works in non-profit activities
According to Article 55 of the Copyright Act, fair use in non-profit activities requires several conditions:
‧ The activity must be non-profit in nature.
‧ No fees may be charged to the audience, either directly or indirectly.
‧ Performers must not be paid.
‧ The work must have been publicly released.
‧ The event must be a specific, non-regular activity.
For example, if a company hosts a year-end party and hires professional performers with payment, prior authorization from the copyright holder is required.
However, if the performers are company employees, and the performance is part of a special, non-recurring event such as a “singing contest” or “music appreciation event” without admission fees or performer payment, it may qualify as fair use.
2. Fair use of copyrighted works in classroom teaching
Under Article 46 of the Copyright Act, reproduction, public performance, or display of works is permitted when necessary for school teaching. The used work must be directly relevant to and necessary for the course content.
Instructors should also consider the type of work, its use, and the quantity reproduced. The usage must not harm the copyright owner’s interests.
In digital learning, teachers may upload course materials to the cloud for student access. However, to meet fair use standards, technical restrictions (e.g., access limited to enrolled students) must be applied to prevent unauthorized distribution beyond the class.
3. Fair use when citing others’ works online or in writing
Online citation of copyrighted works must comply with Articles 44 to 63 and Article 65, paragraph 2 of the Copyright Act. Additionally, Article 64 requires proper attribution of the source and author.
For instance, Article 52 allows quotation of publicly released works within a reasonable scope for reporting, commentary, teaching, research, or other legitimate purposes. Quoting a small portion of someone’s work as supporting evidence or contrast, while the main content remains your own analysis or experience, generally qualifies as fair use.
When sharing others’ works online, it’s best to provide a hyperlink to the original content. Directly copying images or uploading videos may involve reproduction or public transmission. Without authorization, such actions could constitute copyright infringement.
4. Does playing music via licensed CDs or legal streaming platforms in a business setting violate the public performance rights of copyright owners?
Purchasing a legitimate CD grants ownership of the physical item, and streaming platforms license content for personal use only. Neither grants public performance rights.
Therefore, to play music publicly in a business venue (e.g., a store, café), authorization must be obtained from the copyright owner or a copyright collective management organization. Otherwise, it may constitute an infringement.
Supplement 1: Collective Management Organizations for Musical Works
- Music Copyright Society of Chinese Taipei (MÜST)
- Asia-Pacific Music Collective Management Association (ACMA)
- Taiwan Music Copyright Collective Management Association (TMCA)
Supplement 2: Collective Management Organizations for Sound Recordings
- Association of Recording Copyright Owners (ARCO)
- • Recording Copyright and Public Transmission Association of Taiwan (RPAT)
Currently, collective management organizations for sound recordings (ARCO and RPAT) only manage certain public transmission rights—specifically simultaneous online broadcasting.
Uses of sound recordings on blogs, social media platforms, or other video-sharing websites are not considered simultaneous online broadcasting. Therefore, these organizations can only help identify the copyright owner but cannot provide licensing services.
Source: Intellectual Property Office (Taiwan)
