Copyright
Law
40 Articles adopted and
promulgated in full on 14 May 1928 by Order No. 212 of the National
Government.
37 Articles amended and
promulgated in full on 27 April 1944 by Order Yu-Wen-Tzu No. 251 of the
National Government.
Articles 30, 31, 32, 33, and
34 amended and promulgated by Presidential order on 13 January 1949.
Articles 30, 31, 32, 36, and
41 newly adopted by Presidential order on 10 July 1964; original Articles
22-29 became Articles 23-30; original Articles 30-32 became Articles
33-35; original Articles 33-36 became Articles 37-40; original Article37
became Article 42; and Articles 25, 26, 33, 35, 37-40 amended.
52 Articles amended and
promulgated in full on 10 July 1985 by Presidential Order No. (74)
Hua-Tzung-(1)-Yi-Tzu 3318.
Articles 50-51 newly adopted
and promulgated and Articles 3, 28 and 39 amended and promulgated on 24
January 1990 by Presidential Order No. (79) Hua-Tzung-(1)-Yi-Tzu 0427.
117 Articles amended and
promulgated in full on 10 June 1992 by Presidential Order No. (81)
Hua-Tzung-(1)-Yi-Tzu 2805.
Article 53 amended and
promulgated on 6 July 1992 by Presidential Order No. (81) Hua-Tzung-(1)-Yi-Tzu
3285.
Article 87 amended and
promulgated and Article 87-1 newly adopted and promulgated on 24 April
1993 by Presidential Order No. (82) Hua-Tzung-(1)-Yi-Tzu 1841.
117 Articles amended and
promulgated in full on 21 January 1988 by Presidential Order No. (87)
Hua-Tzung-(1)-Yi-Tzu 87000126405.
Articles 2, 34, 37, 71, 81,
82, and 90bis amended and promulgated on 12 November 2001 by Presidential
Order No. (90) Hua-Tzung-(1)-Yi-Tzu 9000219510.
Chapter I: General Provisions
Chapter II:Works
Chapter III:Authors and Copyrights
Sub-Section 1: Classification of Economic Rights
Sub-Section 2: Duration of Economic Rights
Sub-Section 3:Transfer, Exercise and Extinguishment of Economic
Rights
Sub-Section 4: Liminations on Economic Rights
Sub-Section 5:
Compulsory License
ChapterIV:Plate-Right
ChapterV:Copyright Intermediary Association And Copyright Examination And Mediation Committee
ChapterVI:Remedies
ChapterVII:Penalty Provisions
ChapterVIII:Addendum
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General Principles
Article
1
This
Law is specifically enacted for the purposes of protecting the rights and
interests of authors with respect to their works, harmonizing society's
common benefit, and promoting the development of national culture. For
matters not provided for by this Law the provisions of other laws shall
apply.
Article
2
The
"competent authority" under this Law is the Ministry of Economic
Affairs.
The
Ministry of Economic Affairs shall set up a specialized agency charged
with handling matters under the preceding paragraph.
Article
3
For
purposes of this Law the following terms are defined as follows:
1.
"Work" means a creation that is within a literary,
scientific, artistic or other academic domain.
2.
"Author" means a person who creates a work.
3.
"Copyright" means the moral rights and economic rights
subsisting upon the completion of a work.
4.
"The public" means unspecified persons or multiple
specified persons. This does not apply to multiple persons of a household
and the household's normal social acquaintances.
5.
"Reproduction" means to reproduce a tangible copy of a
work by printing, reprography, sound recording, video recording,
photography, handwritten notes, or other means. This definition also
applies to the sound recording or video recording of scripts, musical
works or works of similar nature during their performance or broadcast;
and also includes the construction of a building based on architectural
plans or models.
6.
"Public recitation" means to communicate the contents of
a work to the public by spoken words or other means.
7.
"Public broadcast" means to communicate to the public the
contents of a work through sounds or images by wire, wireless, or other
equipment, where such communication is for the purpose of public reception
of information. This includes any communication, by wire or wireless, to
the public of an original broadcast of sounds or images by any person
other than the original broadcaster.
8.
"Public presentation" means to use single or multiple
unit audiovisual devices, or other methods of transmitting images, to
simultaneously communicate the contents of a work to the public at the
place of transmission or at a specified place outside the place of
transmission.
9.
"Public performance" means to communicate the contents of
a work to the public at the scene by acting, dancing, singing, playing a
musical instrument, or other means. This includes any communication to the
public of an original broadcast of sounds or images through loudspeakers
or other equipment.
10.
"Adaptation" means to create another work based upon a
pre-existing work by translation, musical arrangement, revision, filming
or other means.
11.
"Distribution" means, with or without compensation, to
provide the original or a copy of a work to the public for the purpose of
trade or circulation.
12.
"Publication" means the distribution of [a sufficient
number of] copies [of a work] by the rights owner to satisfy reasonable
demands of the public.
13.
"Public release" means to publicly issue the content of a
work to the public, by the rights owner [of a work], through publication,
broadcast, presentation, recitation, performance, display, or other means.
14.
"The original" means the object to which a work is first
fixed.
"Place
of transmission or at a specified place outside the place of
transmission" as referred to in subparagraph 8 of the preceding
paragraph includes motion picture cinemas, clubs, places where videos or
discs are presented, hotel rooms, public transportation vehicles, or other
places that may be accessed by unspecified persons.
Article
4
Works
of foreign persons that comply with one of the following conditions may
enjoy copyright under this Law; provided, where the terms of a treaty or
an agreement that has been approved by resolution of the Legislative Yuan
provide otherwise, such terms shall govern:
1.
Works that are first published in the territory under the
jurisdiction of the Republic of China, or are published in the territory
under the jurisdiction of the Republic China within thirty days after
their first publication in the territory outside the jurisdiction of the
Republic China. Provided, this shall only apply to where the country of
such foreign person protects the [copyrights of] the works of persons of
the Republic of China under identical circumstances, and such protection
has been verified.
2.
Where by treaty, agreement, or under the domestic law, regulation
or practice of a foreign country, works of persons of the Republic of
China enjoy copyright in such country.
Works
Article
5
For
purposes of this Law "works" are illustrated as follows:
1.
Oral and literary works.
2.
Musical works.
3.
Dramatic and choreographic works.
4.
Artistic works.
5.
Photographic works.
6.
Pictorial works.
7.
Audiovisual works.
8.
Sound recordings.
9.
Architectural works.
10.
Computer programs.
The
examples and content of each category of works set forth in the preceding
paragraph shall be set by the competent authority.
Article
6
A
creation adapted from one or more pre-existing works is a derivative work
and shall be protected as an independent work.
Protection
of a derivative work shall not affect the copyright in the pre-existing
work.
Article
7
A
compilation work is a work formed by the creative selection and
arrangement of materials, and shall be protected as an independent work.
Protection
of a compilation work shall not affect the copyright of the work from
which the material was selected and arranged.
Article
7-1
A
performance by a performer of a pre-existing work shall be protected as an
independent work.
Protection
of a performance shall not affect the copyright in the pre-existing work.
Article
8
A
joint work is a work that has been completed by two or more persons where
the creation of each person cannot be separately exploited.
Article
9
The
following items shall not be the subject matter of copyright:
1.
The constitution, laws, regulations or official documents.
2.
Translations or compilations by central or local government
agencies of works referred to in the preceding subparagraph.
3.
Slogans and common symbols, terms, formulas, numerical charts,
forms, notebooks and almanacs.
4.
Oral and literary works that are unadorned communications of facts
for news reports.
5.
Questions from all kinds of examinations and their supplementary
questions held pursuant to laws or regulations.
The
term "official documents" referred to in the first subparagraph
of the preceding paragraph includes proclamations, text of speeches, news
releases and other documents prepared by civil servants in the course of
carrying out their duties.
Authors and Copyright
Article
10
The
author of a work shall enjoy copyright upon completion of the work;
provided, where this Law provides otherwise, such provisions shall govern.
Article
10-1
Protection
for copyright that has been obtained in accordance with this Law shall
only extend to the expression of the work in question, and shall not
extend to the work's underlying ideas, procedure, production process,
system, method of operation, concept, principle or discovery.
Article
11
Where
a work is completed by an employee within the scope of employment, such
employee is the author of the work; provided, where an agreement
stipulates that the employer is the author, such agreement shall govern.
Where
in accordance with the provisions of the preceding paragraph the employee
is the author of the work, the economic rights to such work shall be
enjoyed by the employer; provided, where an agreement stipulates that the
economic rights shall be enjoyed by the employee, such agreement shall
govern.
The
term "employee" referred to in the preceding two paragraphs
includes civil servants.
Article
12
Where
a work is completed by a person under commission, except in the
circumstances set out in the preceding article, such commissioned person
is the author of the work; provided, where an agreement stipulates that
the commissioning person is the author, such agreement shall govern.
Where
in accordance with the provisions of the preceding paragraph the
commissioned person is the author, the economic rights to such work shall
be enjoyed by the commissioning person or the commissioned person in
accordance with an agreement to such effect. Where there is no agreement
regarding the enjoyment of economic rights, the economic rights shall be
enjoyed by the commissioned person.
Where
the economic rights are enjoyed by the commissioned person pursuant to the
provisions of the preceding paragraph, the commissioning person may
exploit the work.
Article
13
Where
a person's name or a pseudonym familiar to the public is represented in a
normal way as the author on the original of a work, or on a published copy
of the work, or in connection with a public release of a work, the person
shall be presumed to be the author of the work.
The
provisions of the preceding paragraph shall apply mutatis mutandis to
presumptions concerning the date, place of publication and ownership of
economic rights of a work.
Article
14
(Deleted)
Article
15
The
author of a work shall enjoy the right to publicly release the work.
Provided, this shall not apply to a civil servant where such person is the
author, and where the juristic person employing such author enjoys the
economic rights to the work, pursuant to the provisions of article 11 or
12.
In
the following circumstances the author shall be presumed to have consented
to the public release of the work:
1.
In situations where, prior to publicly releasing its work, the
author has transferred, or licensed to exploit, the economic rights of a
work, the work is publicly released as a consequence of the exercise or
exploitation of the economic rights.
2.
In situations where, prior to the public release of an artistic
work or a photographic work, the author transfers the original or a copy
of such work and the transferee publicly displays the original or copy of
the work.
3.
Masters or doctoral theses written under the "Law Governing
the Granting of Scholastic Degrees" where the author has obtained a
degree.
Where,
in accordance with the provisions of paragraph 2 of article 11 or
paragraph 2 of article 12, an employer or a commissioning party, ab initio,
obtained economic rights to a work that has never been publicly released,
and where such work is publicly released in conjunction with the transfer,
exercise or exploitation of the economic rights of such work, it will be
deemed that the author consents to the public release of the work.
The
provisions of the preceding paragraph shall apply mutatis mutandis to
paragraph 3 of article 12.
Article
16
The
author of a work shall have the right to use its name, a pseudonym or to
be anonymous on the original or copies of the work, or when the work is
publicly released. The author has the same right to a derivative work
adapted from its work.
The
proviso in the first paragraph of the preceding article shall apply
mutatis mutandis to the preceding paragraph.
The
person exploiting a work may use its own cover design and may add the name
or appellation of the designer or editor-in-chief; provided this shall not
apply where the author has specifically indicated to the contrary, or
where the addition would contravene social customary practices.
When,
in accordance with the purpose and method of exploitation, there is no
likelihood of harm to the author's benefit and no violation of social
customary practices, the author's name or appellation may be omitted.
Article
17
The
author has the right to prohibit others from distorting, splitting,
mutilating or otherwise changing the contents, form or name of the work
which results in damage to the author's reputation.
Article
18
The
protection of moral rights of an author who has died or been extinguished
shall be deemed to be the same as when the author was living or continuing
in existence and shall not be infringed upon by any person; provided,
where according to the nature and degree of the acts of exploitation,
social changes, or other circumstances it can be considered that the
author's intent has not been contravened, the act shall not constitute an
infringement.
Article
19
Moral
rights in a joint work may not be exercised without the consent of all the
joint authors. A joint author shall not refuse consent without a
legitimate reason.
Authors
of a joint work may select an author from among the joint authors to be
their representative for purposes of exercising moral rights.
Limitations
imposed on the representative powers of the representative referred to in
the preceding paragraph can not be asserted against a third party acting
in good faith.
Article
20
Except
being the object of a sale or the principal having given its consent, the
original of a work that has not been publicly released and the economic
rights thereof shall not be the object of compulsory execution.
Article
21
Moral
rights belong exclusively to the author and shall not be transferred or
succeeded.
Sub-Section 1:
Categories of Economic Rights
Article
22
Except
as otherwise provided under this Law, authors have the exclusive right to
reproduce their works.
Authors
of performances have the exclusive right to reproduce their performances
by means of sound recording, video recording or photography.
Article
23
Authors
of oral and literary works have the exclusive right to publicly recite
their works.
Article
24
Authors
have the exclusive right to publicly broadcast their works; provided, this
shall not apply to public broadcasts of a performance after such
performance has been reproduced or publicly broadcast.
Article
25
Authors
of audiovisual works have the exclusive right to publicly present their
works.
Article
26
Except
as otherwise provided by this Law, authors of oral and literary, musical,
and dramatic/choreographic works have the exclusive right to publicly
perform their works.
Authors
of performances have the exclusive right, by means of loudspeakers or
other equipment, to publicly perform their performances; provided, this
shall not apply to public performances by means of loudspeakers or other
equipment after the performance has been reproduced or publicly broadcast.
Article
27
Authors
of unpublished artistic or photographic works have the exclusive right to
publicly display the original and copies of their works.
Article
28
Authors
of works have the exclusive right to adapt their works into derivative
works or to compile their works into compilation works; provided, this
shall not apply to performances.
Article
29
Authors
of works have the exclusive right to lease their works; provided, this
shall not apply to performances.
Article
29-1
An
employer or commissioner that has obtained the economic rights in a work
in accordance with the provisions of paragraph 2 of article 11 or
paragraph 2 of article 12 shall have the exclusive rights as set out in
the provisions of articles 22 through 29.
Sub-Section 2: Term of
Protection for Economic Rights
Article
30
Except
as otherwise provided in this Law, economic rights endure for a term
consisting of the life of the author and fifty years after the author's
death.
Where
a work is first publicly released between the fortieth and fiftieth year
after the author's death, the economic rights shall endure for a term of
ten years beginning from the time of the first public release.
Article
31
Economic
rights in a joint work subsist for fifty years after the death of the last
surviving author.
Article
32
In
the case of a pseudonym work or an anonymous work, the economic rights
endure for a term of fifty years from the time of public release;
provided, the economic rights shall be extinguished where it can be proven
that the author has deceased for over fifty years.
The
provisions of the preceding paragraph shall not apply when the pseudonym
of the author is well known to the public.
Article
33
Economic
rights for works authored by a juristic person endure for fifty years
after the public release of the work; provided, if the work is not
publicly released within fifty years from the date of completing the
creation, the economic rights shall subsist for fifty years after
completion of the creation.
Article
34
Economic
rights for photographic works, audiovisual works, sound recordings, and
performances endure for fifty years after the public release of the work.
The
proviso of the preceding article shall apply mutatis mutandis to the
preceding paragraph.
Article
35
All
terms of duration specified in articles 30 through 34 terminate as of the
last day of the last year of the term.
For
works that are released to the public continuously or successively, the
calculation of the term of economic rights is based upon the date of the
public release of the work, if each public release could constitute an
independent work, the term of economic rights of each work shall be
calculated from the date of each public release; if each public release
could not constitute an independent work, the term shall be calculated
from the date when the public release could independently constitute work.
In
circumstances described in the preceding paragraph, if the continuing part
has not been publicly released within three years of the date of public
release of its preceding part, the term of the economic rights shall be
calculated from the date of public release of its preceding part.
Sub-Section 3: Transfer,
Exercise and, Extinguishment of Economic Rights
Article
36
Economic
rights may be transferred in whole or in part to another person and may be
jointly owned with other persons.
The
transferee of economic rights obtains economic rights within the scope of
the transfer.
The
scope of the transfer of the economic rights shall be in accordance with
the parties' agreement; portion of which the parties' agreement is unclear
shall be presumed to have not been transferred.
Article
37
The
economic rights owner may license others to exploit the work. The
territory, term, contents, method of exploitation and other matters of the
license shall be in accordance with the parties' agreement; any portion of
the parties' agreement that is unclear shall be presumed to have not been
licensed.
The
license referred to in the preceding paragraph, after being drawn up by a
notary in the form of a notarial deed, shall not be affected by subsequent
assignment of economic rights or further licensing by the economic rights
owner.
A
non-exclusive licensee may not sub-license the rights inherent in the
license to any third party for exploitation without the consent of the
economic rights owner.
An
exclusive licensee may, within the scope of the license, exercise rights
in the capacity of the economic rights owner. The economic rights owner
may not exercise rights within the scope of said exclusive license.
The
provisions of paragraphs 2-4 shall not apply to any license conferred
prior to the enforcement of the amendment to this Law.
The
provisions of Chapter VII shall not apply where musical works are licensed
for reproduction on computer karaoke machines and where an exploiter uses
such a karaoke machine to publicly perform the works; provided, this shall
not apply in the case of musical works managed by copyright intermediary
organizations.
Article
38
(Deleted)
Article
39
Where
the economic rights are the object of a pledge, unless otherwise agreed to
at the time of establishing the pledge, the economic rights owner may
exercise the economic rights to the work.
Article
40
The
share of economic rights of each of the authors in joint works shall be
determined in accordance with an agreement among the joint authors; if
there is no agreement, the shares shall be determined according to the
degree of each author's creative contribution. Where the degree of each
author's creative contribution is not clear, it shall be presumed that
each author should enjoy an equal share.
Where
an author of a joint work abandons its share of economic rights of the
work, that share shall be apportioned among the other joint authors in
proportion to their respective shares.
The
provisions of the preceding paragraph shall apply mutatis mutandis where
the author of a joint work dies with no successor or where there is no
receiver following extinguishment.
Article
40-1
Joint
economic rights in a work shall not be exercised except with the consent
of all the joint economic rights holders; no economic rights owner shall
transfer its share to another person or establish a pledge of its share on
behalf of a third party, without the consent of all other joint economic
rights holders. A joint economic rights holder shall not refuse consent
without a legitimate reason.
The
joint economic rights holders of a work may select a representative from
among themselves to exercise their economic rights. Limitations imposed on
the representative powers of such representative may not be asserted
against a third party acting in good faith.
The
second and third paragraphs of the preceding article shall apply mutatis
mutandis to joint ownership of economic rights.
Article
41
Where
an economic rights owner makes a submission to a newspaper or magazine, or
licenses the public broadcast of the work, it shall be presumed, unless
otherwise agreed, that the economic rights holder has licensed one
printing or one public broadcast only, and shall have no effect on the
other rights of the economic rights owner.
Article
42
Economic
rights are extinguished upon expiration of the term of protection.
Economic rights are also extinguished where any of the following
circumstances occurs during the term of protection:
1.
The economic rights have reverted to the national treasury in
accordance with law upon the death of the economic rights holder.
2.
Where the economic rights owner is a juristic person, the economic
rights should divest to the local autonomous organization in accordance
with law following the juristic person's extinguishment.
Article
43
Except
as otherwise provided by this Law any person may freely exploit a work for
which the economic rights have been extinguished.
Sub-Section 4:
Limitations on Economic Rights
Article
44
Within
a reasonable scope, central or local government agencies may reproduce the
works of another person, if it is considered necessary for internal
reference for the purpose of legislation or administration, provided, this
shall not apply where, in consideration of the type and use of the work
and the volume and method of reproduction, the interests of the economic
rights owner would be injured.
Article
45
Within
a reasonable scope, and for the sole purpose of the use necessary to
judicial proceedings, the works of another person may be reproduced.
The
provisions of the proviso of the preceding article shall apply mutatis
mutandis to the circumstances set forth in the preceding paragraph.
Article
46
Within
a reasonable scope, and where necessary for purposes of teaching in
schools, all levels of legally established schools and their teachers may
reproduce the works of another person which have already been publicly
released.
The
provisions of the proviso of article 44 shall apply mutatis mutandis to
the circumstances set forth in the preceding paragraph.
Article
47
Within
a reasonable scope and for the purpose of editing textbooks used for
teaching and which are required by laws or regulations to be reviewed and
approved by education administrative agencies, or to be edited by the
educational administrative agency itself, the works of another person that
have been publicly released may be reproduced, adapted or compiled.
The
provisions of the preceding paragraph shall apply mutatis mutandis to the
editing of supplementary aids which are ancillary to the aforesaid
textbooks and which are exclusively provided to teachers for teaching
purposes; provided, this shall be limited to editing by the editor of such
textbooks.
Within
a reasonable scope and for the purposes of education necessarily, all
levels of legally established schools or educational institutions may
publicly broadcast the works of another person that have been publicly
released.
In
the circumstances set forth in the preceding three paragraphs the
exploiter of the work shall notify the economic rights holder and pay
compensation for use. The rate of the compensation shall be set by the
competent authority.
Article
48
Libraries,
museums, history museums, science museums, art museums or other cultural
institutions provided for the public access may reproduce works in their
collections in any of the following circumstances:
1.
At the request of a patron for personal research purposes, and
limited to one copy per person, a part of a work that has been publicly
released, or a single article from a seminar paper or a single article
from a periodical that has been publicly released.
2.
Where necessary to preserve materials.
3.
At the request of another similar institute, works which are out of
print or difficult to purchase.
Article
48-1
Central
or local government agencies, educational agencies that have been
established by law or libraries open to the public may reproduce abstracts
appended to the following works where such works have been publicly
released:
1.
Masters or doctoral theses written under the "Law Governing
the Granting of Scholastic Degrees" where the author has obtained a
degree.
2.
Academic articles and papers published in periodicals.
3.
Collection of seminar papers or research reports that have been
publicly released.
Article
49
When
reporting current events by means of broadcasting, photography, film,
newspaper or otherwise, works that are seen or heard in the course of the
report may be exploited within the scope necessary to the report.
Article
50
Works
publicly released in the name of a central or local government agency or a
public juristic person may, within a reasonable scope, be reproduced or
publicly broadcast.
Article
51
Within
a reasonable scope, where for the nonprofit use for individual or family,
a work that has been publicly released may be reproduced by machine either
located in a library or provided not for public use.
Article
52
Within
a reasonable scope, works that have been publicly released may be quoted
where necessary for reports, comment, teaching, research or other
legitimate purposes.
Article
53
Works
that have been publicly released may be reproduced in Braille for the
blind.
For
the purpose of promoting the welfare of the blind, institutions or
organizations approved by government agencies may, by means of sound
recordings, computers or otherwise, and for exclusive use by the blind,
exploit works that have been publicly released.
Article
54
Works
that have been publicly released may be reproduced for use in examination
questions on all kinds of examinations held by central or local government
agencies and all levels of schools or educational institutions established
in accordance with law; provided, this shall not apply to works that have
been publicly released as examination questions.
Article
55
The
work of another person that has been publicly released may be publicly
recited, publicly broadcast, publicly presented, or publicly performed in
the course of an activity of non-profit nature, in which no fee is
directly or indirectly collected from the viewers or listeners, and no
compensation is given to the performers.
Article
56
For
the purposes of broadcasting, a radio or television broadcasting
organization may, with its own equipment, sound record or video record the
work; provided, this shall be limited to [situations where] the
broadcasting has been licensed by the economic rights owner, or
[situations] otherwise comporting with the provisions of this Law.
Except
where custody of the recording referred to in the preceding paragraph has
been approved for a designated place by the competent authority, such
sound or video recordings shall be destroyed within one year from the time
of recording.
Article
56-1
For
the purposes of enhancing receiving effect, a community antenna may
simultaneously rebroadcast works broadcast by wireless television stations
that have been established in accordance with law; the form and contents
of such broadcasts shall not be changed [ in the course of the rebroadcast
].
Cable
television system operators may provide basic channels and simultaneously
rebroadcast works broadcast by wireless television stations that have been
established in accordance with law; the form and content of such
broadcasts shall not be changed [in the course of the rebroadcast].
Article
57
The
owner of the original legal copy of an artistic work or photographic work,
or a person authorized by the owner, may publicly display the original or
a legal copy of the work.
The
public displayer referred to in the preceding paragraph may reproduce the
work in a descriptive writing in order to provide viewers with an
explanation or introduction.
Article
58
Artistic
works or architectural works on outdoor long term displays on the streets,
in parks, on outside walls of buildings, or other outdoor locales open to
the public, may be exploited by any means except as specified in the
following circumstances:
1.
Reproduction of a building by construction of another building.
2.
Reproduction of a work of sculpture by another sculpture.
3.
Reproduction for the purpose of long term public display in locales
specified in this article.
4.
Reproduction of artistic works solely for the purpose of selling
copies.
Article
59
The
owner of a legal copy of a computer program may alter the program where
necessary for utilization in a machine used by such owner, or may
reproduce the program as necessary for a backup; provided, this is limited
to the owner's personal use.
If
the owner referred to in the preceding paragraph loses ownership of the
original copy for any reason other than the destruction or loss of the
copy, all altered and backup copies shall be destroyed unless the economic
rights holder otherwise consents.
Article
60
The
owner of a legal copy of a work may rent such copy; provided, this shall
not apply to copies of sound recordings and computer programs.
The
proviso of the preceding paragraph shall not apply to copies of computer
programs incorporated in products, machinery or equipment to be legally
rented, and where such computer programs do not constitute the essential
object of such rental.
Article
61
Commentary
on questions of political, economic, or social current events that have
appeared in a newspaper or magazine may be republished by other newspapers
or magazines, or be publicly broadcast by radio or television; provided,
this shall not apply where there is clear indication that republishing or
broadcasting is not authorized.
Article
62
Public
speeches on politics or religion and public statements in legal
proceedings and central or local government agencies may be exploited by
any person; provided, consent of the economic rights holder shall be
obtained when compiling a compilation work that is dedicated to the
speeches or statements of specified persons.
Article
63
Persons
that may exploit the work of another person in accordance with the
provisions of article 44, article 45, subparagraph one of article 48,
articles 48bis through 50, articles 52 through 55, article 61 and article
62 may translate the work.
Persons
that may exploit the work of another person in accordance with the
provisions of articles 46 and 51 may adapt such work.
Article
64
A
person who exploits the work of another person pursuant to the provisions
of articles 44 through 47, articles 48bis through 50, article 52, article
53, article 55, article 57, article 58, and articles 60 through 63 shall
clearly indicate the source of the work.
With
regard to clear indications of the source referred to in the preceding
paragraph, except where the work is anonymous or the author is not known,
the name or appellation of the author shall be indicated in a reasonable
manner.
Article
65
Fair
use of a work shall not constitute infringement on the economic rights of
the work.
In
determining whether the exploitation of a work complies with the
provisions of articles 44 through 63, or other conditions of fair use, all
circumstances shall be taken into account, in particular the following
facts shall be noted as the criteria for determination:
1.
The purposes and nature of the exploitation, including whether such
exploitation is of a commercial nature or is for nonprofit educational
purposes.
2.
The nature of the work.
3.
The amount and substantiality of the portion exploited in relation
to the work as a whole.
4.
Effect of the exploitation on the work's current and potential
market value.
Article
66
The
provisions of articles 44 through 63 and article 65 shall not affect the
author's moral rights.
Sub-Section 5:
Compulsory Licensing
Article
67
(Deleted)
Article
68
(Deleted)
Article
69
Where
a sound recording of a musical work recorded for purposes of selling has
been published for six months, a person who wishes to exploit the
aforementioned musical work to record and produce other sound recordings
for sale may apply to the competent authority for a compulsory license,
and after paying compensation, may exploit such musical work and record
and produce other sound recordings.
Regulations
governing the procedures and compensation payment of the compulsory
license as provided for in the preceding paragraph shall be prescribed by
the competent authority.
Article
70
Copies
of sound recordings which exploit musical works pursuant to the provisions
of the preceding article shall not be sold outside of the territory under
the jurisdiction of the Republic of China.
Article
71
The
specialized agency charged with handling copyright matters shall revoke
the approval for a compulsory license obtained in accordance with the
provisions of article 69 if the application is found to contain
misrepresentations.
The
specialized agency shall revoke the approval for a compulsory license
obtained in accordance with the provisions of article 69 if the work is
not exploited in the manner approved by the specialized agency.
Article
72
(Deleted)
Article
73
(Deleted)
Article
74
(Deleted)
Article
75
(Deleted)
Article
76
(Deleted)
Article
77
(Deleted)
Article
78
(Deleted)
Plate Rights
Article
79
For
a literary and artistic work that has no economic rights or for which the
economic rights have expired, a plate maker who arranges and prints the
said literary work, or in the case of an artistic work, a plate maker who
photocopies, prints or uses a similar method of reproduction and first
publishes such reproduction based on such original artistic work, and duly
registers in accordance with this Law, shall have the exclusive right to
photocopy, print or use similar methods of reproduction based on the
plate.
The
rights of the plate maker shall subsist for ten years from the time the
plate is completed.
The
last day of the term of protection referred to in the preceding paragraph
shall be the last day of the last year of such term.
The
regulations of registration as provided for in paragraph 1 of this article
shall be prescribed by the competent authority.
Article
80
The
provisions of article 42 and article 43 concerning the extinguishment of
the economic right, articles 44 through 48, article 49, article 51,
article 52, article 54, article 64 and article 65 concerning limitations
on the economic right shall apply mutatis mutandis to plate rights.
Copyright Intermediary
Organizations and Copyright Review and Mediation Committees
Article
81
Economic
rights holders may, with the approval of the specialized agency charged
with handling copyright matters, establish copyright intermediary
organizations for the purposes of exercising rights or for collecting and
distributing compensation for use.
Exclusive
licensees may also join copyright intermediary organizations.
The
approval for establishment and the organization and capacities of the
organizations referred to in paragraph 1, as well as the supervision and
guidance thereof, shall be otherwise provided for by law.
Article
82
The
specialized agency charged with handling copyright matters shall establish
a Copyright Examination and Mediation Committee to handle the following
matters:
1.
Examination of the rate of the compensation for use under the
provisions of paragraph 4 of article 47.
2.
Mediation of disputes between copyright intermediary organizations
and users concerning the compensation for use.
3.
Mediation of disputes concerning copyright or plate rights.
4.
Other consultation in connection with copyright examination and
mediation.
Dispute
mediation referred to in subparagraph 3 of the preceding paragraph, when
involving criminal matters, shall be limited to cases actionable only upon
complaint.
Article
83
The
organic charter for the Copyright Examination and Mediation Committee
referred to in the preceding article, and the regulations concerning
dispute mediation shall be drafted by the competent authority and
promulgated after review and approval by the Executive Yuan.
Remedies for
Infringement of Rights
Article
84
The
copyrights owner or the plate rights owner may request the removal of
infringement of its rights; where there is a likelihood of infringement, a
request may be made for prevention.
Article
85
A
person who infringes on the moral rights of an author shall be liable to
compensate for injury incurred. The injured party may request a
commensurate amount of compensation for non-pecuniary damage.
In
infringement matters referred to in the preceding paragraph the injured
party may request the disclosure of the author's name or appellation,
correction of contents or other appropriate measures necessary for the
restoration of its reputation.
Article
86
After
the death of the author, unless otherwise specified by a will, the
following persons, in the order indicated, shall be entitled to request
remedies in accordance with article 84 and the second paragraph of the
preceding article for actual or likely violations of article 18:
1.
Spouses
2.
Children
3.
Parents
4.
Grandchildren
5.
Brothers and sisters
6.
Grandparents
Article
87
In
any of the following circumstances, except as otherwise provided under
this Law, infringement of copyright or plate rights will be deemed to have
occurred:
1.
To exploit a work by means of infringing on the reputation of the
author.
2.
Distribute, or display or possess with the intent to distribute, or
deliver with the intent to profit, infringing articles that are known to
infringe on copyright or plate rights.
3.
To import any copies produced without the authorization of the
economic rights holder or the plate rights holder.
4.
To import the original or any copies of a work without the
authorization of the economic rights owner.
5.
For direct profit, to make use of a copy of a computer program with
the knowledge that it infringes on the economic rights of such computer
program.
Article
87-1
The
provisions of subparagraph 4 of the preceding article do not apply to any
of the following circumstances:
1.
To import the original or copies of a work for the use of central
or local government agencies; provided, this does not apply to importation
for use in schools or other educational institutions, or importation of
any audiovisual work for purposes other than archival use.
2.
To import the original or a specified number of copies of any
audiovisual works in order to supply such works to nonprofit scholarly,
educational or religious organizations for archival purposes, and to
import an original or specified number of copies of works other than
audiovisual works for library lending or archival purposes where the use
of such copies conforms with the provisions of Article 48.
3.
To import the original or a specified number of copies of a work,
where such copy is for the private use of the importer, not for
distribution, or where the import is by a person arriving from outside the
territory, the copy forms a part of such person's personal baggage.
4.
To import the original or copies of a work incorporated into any
legally imported goods, machinery, or equipment; such original or copies
of the work cannot be reproduced during the use or operation of the goods,
machinery or equipment.
5.
To import an instructional or operational manual accompanying any
legally imported goods, machinery, or equipment; provided, this does not
apply where the instructional or operational manual are the principal
objects of the importation.
The
"specified number" set forth in subparagraphs 2 and 3 of the
proceeding paragraph shall be prescribed by the competent authority.
Article
88
A
person who intentionally or negligently unlawfully infringes on another
persons economic rights or plate rights shall be liable to compensate for
the damages. Where more than one person engages in unlawful infringement,
they are jointly liable for the damages.
With
regard to the compensation referred to in the preceding paragraph, the
injured party may select one of the following when making a claim:
1.
To make a claim in accordance with the provisions of article 216 of
the Civil Code; provided, when the injured party is unable to prove its
losses, it may base the damages on the difference between the amount of
expected benefit derived from exercising such rights under normal
circumstances and from exercising the same rights after the infringement.
2.
To claim the amount of benefit obtained by the infringer on account
of the infringing activity; provided, where the infringer is unable to
prove its costs or necessary expenses, the total amount of income derived
from the infringement shall be deemed to be its benefit.
If
it is difficult for the injured party to prove its actual losses in
accordance with the provisions of the preceding paragraph, it may request
the court, based on the seriousness of the matter, to determine the
compensation at an amount between ten thousand and five hundred thousand
New Taiwan Dollars; if the damaging activity was intentional and the
matter serious, the compensation may be increased to one million New
Taiwan Dollars.
Article
88-1
Where
a claim is made pursuant to Article 84 or paragraph 1 of the preceding
Article, the injured party may request the destruction or other necessary
disposition of goods made by means of the infringing act or articles, the
predominant uses of which are for the commission of infringing acts.
Article
89
The
injured party may request that the infringer bear the costs of printing
all or part of the court judgment in a newspaper or magazine.
Article
89-1
The
right to request compensation for infringement as specified in articles 85
and 88 shall be extinguished if not exercised within two years from the
time the person having the right to make the request knows of the loss and
the [identity of] the obligor, or within ten years from the time of the
infringement occurred.
Article
90
Each
copyright owner of a joint work may separately request remedies for
infringement based upon the provisions of this chapter, and may also
request compensation for damages based on its share of the rights
infringed.
The
provision of the preceding paragraph shall apply mutatis mutandis to joint
economic rights owners and plate rights owners that arise from the
establishment of other relations.
Article
90-1
With
regard to the import or export of goods that infringe on copyright or
plate rights, the copyrights owner or the plate rights owner may apply to
the customs authorities to suspend the release of the goods.
The
application referred to in the preceding paragraph shall be filed in
writing, stating the facts of the infringement, and with a bond in an
amount equivalent to the customs authorities-assessed landed cost of
imported goods or the F.O.B. price of exported goods to serve as a
security for the party whose goods are subject to the suspension of
release.
Customs
shall immediately inform the applicant when processing an application to
suspend the release of goods. Where Customs determines that the conditions
in the preceding paragraph have been met and suspends the release of
goods, it shall give written notification to the applicant and to the
party whose goods are suspended from release.
The
applicant or the party whose goods are suspended of release may apply to
the customs authorities for inspection of the detained goods.
Detained
goods shall be confiscated by the customs authorities where the applicant
has obtained a final and non-appealable civil judgment that determined the
goods infringe on copyright or plate rights. The owners of the detained
goods shall be held liable for all expenses incurred as a result of the
delay of containers, storage, loading and unloading, destruction of the
goods and other related expenses.
If
the expenses incurred as a result of the destruction of the goods referred
to in the preceding paragraph are not paid within the period prescribed by
customs authorities, the case may be referred to the court for compulsory
execution.
In
any of the following circumstances, a suspension of release order shall be
voided by the customs authorities and the detained goods shall be
processed in accordance with applicable import and export regulations; in
addition, the applicant shall compensate the party whose goods were
detained for damage incurred on account of the suspension of release:
1.
The goods, the release of which was suspended, have been determined
to be non-infringing of copyright or plate rights by a final and non-appealable
judgment of the court.
2.
Within twelve days of the date on which the applicant is informed
of the suspension of release, the customs authorities have not received
notification that litigation proceedings with regard to infringement by
the detained goods has been initiated.
3.
The applicant applies for voidance of suspension of release.
The
period referred to in subparagraph 2 of the preceding paragraph may be
extended by another twelve days, if customs authorities deem necessary.
Customs
authorities shall return the security bond in accordance with an
applicant's request in any of the following circumstances:
1.
There is no need to continue posting the bond either because the
applicant has obtained a favorable final and non-appealable judgment or
because the applicant has reached a settlement with the party whose goods
were detained.
2.
After the suspension of release is revoked, the applicant proves
that more than twenty days have elapsed since the applicant notified the
party whose goods are subject to the suspension of release to exercise its
rights and such party has failed to exercise its rights.
3.
The party whose goods were detained agrees to the return.
With
regard to the bond referred to in the second paragraph of this article,
the party whose goods are subject to the suspension of release has the
same rights as a pledgee.
Article
90-1
The
implementing regulations for the preceding article shall be prescribed by
the competent authority in consultations with the Ministry of Finance.
Penal Provisions
Article
91
A
person who infringes without authorization on the economic rights of
another person by means of reproducing the work shall be imprisoned not
less than six months and not more than three years, and in addition
thereto, may be fined up to two hundred thousand New Taiwan Dollars.
A
person who infringes without authorization on the economic rights of
another person by means of reproducing the work with the intent to sell or
rent shall be imprisoned not less than six months and not more than five
years, and in addition thereto, may be fined up to three hundred thousand
New Taiwan Dollars.
Article
92
A
person who infringes without authorization on the economic rights of
another person by means of public recitation, public broadcast, public
presentation, public performance, public display, adaptation, compilation,
or leasing, shall be imprisoned not more than three years, and in addition
thereto, may be fined up to one hundred and fifty thousand New Taiwan
Dollars.
Article
93
In
any of the following circumstances, a sentence of up to two years
imprisonment shall be imposed, and in addition thereto, a fine may be
imposed of up to one hundred thousand New Taiwan Dollars:
1.
Infringement of the author's moral rights as set forth in the
provisions of articles 15 through 17.
2.
Violation of the provisions of article 70.
3.
Infringement of another person's copyright by any of the means
specified in the subparagraphs of article 87.
Article
94
A
person who commits a crime specified in article 91, article 92 or article
93 as a vocation shall be imprisoned between one year and seven years, and
in addition thereto, fined not more than four hundred and fifty thousand
New Taiwan Dollars.
Article
95
In
any of the following circumstances a sentence of up to one yearˇ¦s
imprisonment may be imposed, and in addition thereto, a fine may be
imposed of up to fifty thousand New Taiwan Dollars:
1.
Violation of the provisions of article 18.
2.
Infringement on the plates right under the provisions of article
79.
3.
Infringement on the plate rights of another person by means
specified in any of the subparagraphs of article 87.
4.
Violation of the provisions of article 112.
Article
96
A
fine of up to fifty thousand New Taiwan Dollars shall be imposed for
violations of the provisions of the second paragraph of article 59 or the
provisions of article 64.
Article
97
(Deleted)
Article
98
(Deleted)
Article
99
Upon
application of the injured party or another party having the right to file
a complaint, the infringer of articles 91 through 95 may be ordered to
print all or part of the court judgment in a newspaper and bear the costs
thereof.
Article
100
Prosecution
for offenses specified in this chapter shall be instituted only upon
complaint; provided, this shall not apply to offenses specified in article
94 and subparagraph 1 of article 95.
Article
101
Where
the representative of a juristic person, or the agent, employee or other
servant of a juristic or natural person, commits any of the offenses
specified in articles 91 through 96 in the performance of its duties, in
addition to punishing the infringer in accordance with the aforesaid
articles, such juristic or natural person shall also be fined in
accordance with said articles.
In
circumstances specified in the preceding paragraph, where a complaint is
filed or withdrawn against either the infringer or the juristic or natural
person, the effect of such filing or withdrawal shall apply to the others.
Article
102
An
unrecognized foreign juristic person may file a complaint or bring a
private prosecution against the offenses specified in articles 91 through
96.
Article
103
Upon
complaint or information of an infringement of a person's copyright or
plate rights, judicial police officials or judicial police may seize the
infringing articles in accordance with the law and refer the matter to the
prosecutor.
Article
104
(Deleted)
ˇ@
Supplementary Provisions
Article
105
Persons
who apply under this Law for a compulsory license, registration of plate
rights, dispute mediation, inspection of the register of plate rights or
issuance of a transcript thereof, shall pay a filing fee.
The
amount of the fee referred to in the preceding paragraph shall be
prescribed by the competent authority.
Article
106
Except
as otherwise provided for in this chapter, this Law shall apply to works
that were completed prior to the implementation date of the June 10, 1992
amendment to this Law where such works comply with any one of the
provisions of articles 106 through 109 of the law in effect prior to the
implementation of the amendment.
This
Law shall apply to works that were completed after the implementation date
of the June 10, 1992 Copyright Law amendment.
Article
106-1
Except
as otherwise provided under in this chapter, this Law shall apply to works
that were completed prior to the date on which the World Trade
Organization Agreement takes effect in the territory under the
jurisdiction of the Republic of China where such works did not enjoy
copyright under the provisions of the respective versions of this law but
where the term of protection for economic rights has not expired in
accordance with this Law; provided, this shall not apply to works of
foreign nationals for which the term of protection has expired in their
country of origin.
The
term "country of origin" as used in the proviso of the preceding
paragraph shall have the meaning ascribed to the term in article 5 of the
Berne Convention for the Protection of Literary and Artistic Works (Paris
Act 1971).
Article
106-2
Except
as otherwise provided for in this chapter, a person who, prior to the date
on which the World Trade Organization Agreement takes effect in the
territory under the jurisdiction of the Republic of China, has begun the
exploitation, or has made significant investment for the exploitation, of
works protected pursuant to the provisions of the preceding article, may
continue to exploit such works during the two-year period which commences
on the aforementioned effective date of the Agreement; the provisions of
Chapter VI and Chapter VII of this Law shall not apply.
Article
106-3
Exploitation
of a derivative work may continue after the date on which the World Trade
Organization Agreement takes effect in the territory under the
jurisdiction of the Republic of China, where the preexisting work upon
which such derivative work is derived is a work under article 106bis,
where the completion of the derivative work occurs prior to the
aforementioned effective date, and where such derivative work was
protected under respective versions of this law; the provisions of Chapter
VI and Chapter VII of this Law shall not apply.
Upon
the expiration of the two-year period following the aforementioned
effective date, the person exploiting the derivative work shall pay to the
economic rights owner of the underlying work a use compensation that is
equivalent to a freely negotiated amount appropriate to such work.
The
provisions in the preceding two paragraphs shall not affect the protection
of the derivative work.
Article
107
(Deleted)
Article
108
(Deleted)
Article
109
(Deleted)
Article
110
The
provisions of article 13 shall not apply to works completed and registered
prior to the implementation date of the June 10, 1992 Copyright Law.
Article
111
The
provisions of article 11 and article 12 shall not apply in the following
situations:
1.
The copyright is obtained pursuant to the provisions of articles 10
or 11 of the law prior to the implementation date of the June 10, 1992
Copyright Law.
2.
The copyright is obtained pursuant to articles 11 or 12 of the law
prior to the implementation of this Law.
Article
112
With
regard to works of foreign persons that are protected pursuant to the law
[which was in effect] prior to the implementation date of the June 10,
1992 Copyright Law, translations that were based on such works before the
implementation of the June 10, 1992 Copyright Law, after the
implementation of the June 10, 1992 Copyright Law shall no longer be
reproduced without the consent of the copyright holder of such works;
provided, this shall not apply to exploitation in conformity with article
44 through article 65 [ of this Law ].
Copies
of translations of works referred to in the preceding paragraph shall no
longer be sold after the expiration of the two-year period following the
implementation date of the June 10, 1992 Copyright Law.
Article
113
This
Law shall apply to plate rights that were obtained prior to the
implementation of to this Law.
Article
114
(Deleted)
Article
115
Agreements
to protect copyright signed by organizations and agencies of this country
and of a foreign country, such agreements having been approved by the
Executive Yuan, shall be deemed "agreements" as that term is
used in article 4.
Article
115-1
The
register of copyright or plate rights registered prior to the
implementation of this Law may be made available by the competent
authority to the public for inspection.
Article
115-2
For
the purpose of handling copyright litigation, courts may establish a
specialized court or appoint specialized judges.
The
courts shall deliver to the competent authority a copy of decisions in
copyright litigation cases.
Article
116
(Deleted)
Article
117
This Law shall take effect from the date of promulgation. Provided, the provisions of articles 106bis through 106quater shall take effect from the date upon which the World Trade Organization Agreement takes effect in the territory under the jurisdiction of the Republic of China.
