| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === Reviewing to the amendment of Copyright Act in the digital era, we can find that it is not immutable, and also rely on the contemporary technology to protect copyright owner. However, it's important that we must to balance the interests between user and author. Intellectual property legislation has been passive due to international reciprocity, even though it enhances the exchange and applicability, the legislature and competent authority still have to investigate and consider the contradictions of execution which they are facing, make the Copyright Law flawless without formality.
Vidding is a fan labor practice in media fandom of creating Internet videos, and the creators refer to themselves as vidders, they need advanced devices and programs to analysis, edit, explore the source. Technological protection measures prevent the possibility of fair use beforehand, therefore, vidding is a violation of Taiwan's Copyright Law and may facing civil prosecution by the copyright owner.
The purposes of Copyright Law are balancing different interests for the common good of society and promoting the development of national culture, not only protecting the rights and interests of authors. This study use articles collected that aim to anylyse the situation after enacted technological protection measures and how does it work in practice, also comment on the actual results.
United States of America enacted “Anti-circumvention Provision” under technological protection measure provision, and also enforced the “fail-safe” scheme under the anti-circumvention provision. The Library of United States Congress has been held for five times, the first rulemaking concluded in 2000, the second concluded in 2003, the third in 2006, the fourth in 2010, and the fifth in 2012.
The United States Copyright Office is conducting the sixth triennial rulemaking proceeding under the Digital Millennium Copyright Act (DMCA) in this year. It has categorized the proposals for exemptions and saved many comments and associated documentary evidence for meeting accessibility standards. In fact, Taiwan's Copyright Law has similar “fail-safe” scheme under Article 80-2 but it never been prescribed and periodically reviewed by competent authority. The point 9 of paragraph 3 of Article 80-2: “fair use” exempt provision, which is a important standard to solve vidding situation. The Intellectual Property Office needs to concern the vidding culture and review the insufficient exemptions, and this Study hopes the results of this Study can be a useful guideline for said competent authority’s reference.
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