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National Yunlin University of science and technol

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FAQ

If the teacher refuses to return the works of a student, does it violate the Copyright Act?

  • Source: 雲林科技大學圖書館
  • Date: 2023/09/22

Ownership of attachments to works and the copyright of works are different. Students not only own the copyright of their works but also own the ownership, if the works are things stipulated in Civil Law. If the student only intends to transfer the property to transfer the attachments to works to others and does not transfer the copyright, the assignee doesn’t own the copyright. 

After the student completes the work according to the teacher's instructions and delivers the work to the teacher, the copyright still belongs to the student, unless there is a particular rule in the Education Act or an agreement in each party. For the same reason, unless the student transfers the ownership of work to the teacher, the ownership of work belongs to the student in principle, the teacher must return the work to the student. The teacher does not return the work is an argument of ownership in the Civil Law, isn’t the problem of violating the Copyright Law.

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