Taiwan’s Intellectual Property Office (IPO) under the Ministry of Economic Affairs has recently issued a legal opinion on the copyright implications of intercity bus operators installing tablet displays at passenger seats for use with audiovisual streaming platforms. According to the IPO’s position, where a bus operator does not itself download or reproduce audiovisual content but merely provides hardware for passengers to individually connect to the internet and view content, and has not installed additional amplification equipment to enhance the broadcast effect, such conduct does not, in principle, constitute a use of copyrighted works and does not require prior authorization from the holders of economic rights in copyrighted works. Even if the operator presets links on the tablets directing passengers to specific audiovisual websites or digital news channels, the activity remains within the scope of lawful conduct so long as each passenger independently selects and individually views the content. 

However, if an operator knowingly provides links to infringing content—such as pirated streaming websites—and makes them available to the public, the operator may incur liability for joint infringement or contributory infringement of the right of public transmission. 

It should further be noted that, as copyright is a private right in nature, whether a particular case actually constitutes infringement remains subject to fact-finding and determination by the judicial authorities on a case-by-case basis.

Professional Team

© Copyright – Stellex Law Firm | designed by Morcept