Er -- I don't want to beat a horse once it's down, but the PRC copyright statute, so far as I can tell, has an enumerated list of user privileges and exceptions of the sort found in most countries. It does NOT (so far as I can tell) have a fair use provision of the sort list members were previously discussing. Taiwan does. Referring to enumerated privileges and exemptions as "fair use" is going to confuse people. I realize some commentators have (unfortunately, and sloppily) begun doing so, but it is well worth resisting the temptation to follow suit. DLB

Both Taiwan and China allow fair use for education, quotation, broadcasting, and library use. (China also allows a very broad fair use exception to government entities using a copyrighted work to transact their official business.)

Taiwan’s Law states four factors used to evaluate fair use in any of its many enumerated circumstances. Regardless of whether the use is for schools, libraries, or personal private use, the nature of the work, the purpose of the use, the quantity and quality of the use compared to the entire work, and the effect upon the potential market are all taken into consideration.

Marj

Associate Professor Marjorie Kibby, B.Ed, M.A, Ph.D, FHERDSA Director, Student Experience FEDUA Head of Discipline: Film, Media and Cultural Studies School of Humanities and Social Science The University of Newcastle Callaghan NSW 2308 Australia Marj.Kibby@newcastle.edu.au +61 2 49216604

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