Does a training institution (such as a TOEFL tr...

27.Does a training institution (such as a TOEFL training course) infringe on others’ legal rights when using others’ works in teaching?

Copyright Law of China stipulates that translation or a small amount of reproduction of a published work for use by teachers or scientific researchers in classroom teaching or scientific research shall be deemed as“pedagogical fair use” (refer to “fair use” in Section VI of this chapter).The above-mentioned exploitation can be without permission or payment of remuneration to the copyright owner.Although the above provisions do not define the scope of “school”, in judicial practice the fair use of teaching is also applicable to the behavior of training institutions for the purpose of explaining the TOEFL test questions for profit (the process involves copying the test questions).(https://www.daowen.com)

However, it should be noted that Copyright Law of China generally limits the scope of “pedagogical fair use” to “reproduction rights, translation rights, and the right of information network dissemination”.