Can We Directly Link to Other Websites as Teaching Materials or Demonstrations in Class?

Can We Directly Link to Other Websites as Teaching Materials or Demonstrations in Class?

With advancements in technology, the installation of wireless networks on campus has become one of the most beloved facilities for many college students. Teachers use laptops in class to connect to domestic and international website resources via the Internet, adding interest or depth to their lessons, which has become a valuable tool for teaching. However, when teachers use a projector to project these websites in class as part of their lesson content, does this pose a copyright issue?

When teachers engage in teaching activities, they inevitably use others' works as supplementary materials outside of textbooks. This use undoubtedly aids the development of social culture. Therefore, copyright law provides many provisions that allow teachers to claim fair use when utilizing others' works. For example, Article 46 of the Copyright Law states: 'I. Schools established according to law and their teachers, for the needs of teaching, may reproduce publicly published works within a reasonable range. II. The provisions of Article 44 apply mutatis mutandis in the case of the preceding section.' Article 52 states: 'For the necessity of reporting, commenting, teaching, research, or other legitimate purposes, it is permissible to quote publicly published works within a reasonable range.' Article 54 states: 'Central or local agencies, various examinations conducted by legally established schools or educational institutions may reproduce publicly published works for examination purposes. However, publicly published works that serve as examination questions are not applicable.' Articles 50 and 56, regarding the use of published works by government agencies or public legal entities and the use of publicly displayed artistic or architectural works, as well as Articles 61 and 62 concerning the retransmission of discussions on current affairs and the use of political, religious, and judicial speeches, are all provisions that teachers can use to assert fair use under the conditions set forth in individual laws.

The use of Internet resources can be considered within the legal authorization of the copyright owner, as the copyright owner places their work on the Internet, which reasonably leads them to expect that anyone can access the website's content directly. Thus, this use can be deemed within the legal authorization of the copyright owner. However, when a teacher projects the content of a website onto a screen using a projector, this is not simply a reproduction of the work but involves public use of the work. If the website's content is an audiovisual work, it involves public screening; if the content is a literary work and the teacher reads the website's content, it involves public recitation; if the website contains musical works (not including music accompanying audiovisual works), playing the music in class involves public performance. Since these actions do not fall within the expectations of the copyright owner, they cannot be handled under the theory of "implied authorization," and thus must revert to the provisions of copyright law regarding fair use.

Due to the use of emerging technology in teaching not being limited to mere "reproduction," it cannot claim fair use under Article 46 as a necessary teaching action within a reasonable range. Article 52 regarding "legitimate purpose quotations" is personally considered the best solution. Teachers engage in creative activities when they conduct teaching, so if they can use websites as supplementary materials in a quoted manner when preparing teaching materials, rather than using website content as the primary teaching activity, they can conduct teaching activities in the classroom. As long as it is a new work created under reasonable quotation provisions, it is entirely an independent new work and can naturally be publicly used in class without needing to obtain the consent of the website author. However, if it exceeds the scope of reasonable quotation, it can only be handled under Article 65, Section 2 of the Copyright Law regarding general fair use, which may present varying levels of risk depending on individual cases.

I personally suggest that when teachers utilize emerging teaching technologies, although copyright law provides certain fair use allowances, they should still try to avoid excessive use of others' works. For instance, using content from someone else's website as the main content for a lesson or fully playing music or audiovisual works available online during class. If there is a need for utilization, it should be handled under the quotation provisions of Article 52 of the Copyright Law to minimize the risk of copyright infringement. Of course, simply introducing certain websites in class that students are encouraged to visit, and linking to those websites for a brief three to five-minute introduction should fall within the scope of fair use, so teachers need not worry too much. If students wish to download or print materials themselves, they can also assert fair use under Article 51 of the Copyright Law. However, if teachers have a complete need to utilize content from someone else's website or a specific paper, they should contact the copyright owner to obtain authorization. Generally, copyright owners active on the internet can usually be contacted via email, and they should be able to grant authorization smoothly.

• Content of this article is sourced from Ministry of Economic Affairs Intellectual Property Office
• Authors: Lai Wenzhi, Wang Wenjun