This Act is established to protect the rights and interests of authors, reconcile public interests, and promote the development of national culture. Where not stipulated by this Act, the provisions of other laws shall apply.
The competent authority for this Act is the Ministry of Economic Affairs.
The copyright-related affairs shall be handled by the specialized agency designated by the Ministry of Economic Affairs.
The terms used in this Act are defined as follows:
- 1. Work: Refers to creations in the fields of literature, science, art, or other academic areas.
- 2. Author: Refers to the person who creates the work.
- 3. Copyright: Refers to the moral rights and economic rights arising from the completion of a work.
- 4. Public: Refers to unspecified individuals or a specific majority of people. However, the majority of a family and its normal social circle are not included.
- 5. Reproduction: Refers to the direct, indirect, permanent, or temporary duplication by printing, copying, recording, videotaping, photographing, transcribing, or other methods. This includes recording during performances or broadcasts of scripts, musical works, or similar works; or constructing buildings based on architectural designs or models.
- 6. Public Oral Presentation: Refers to transmitting the content of a work to the public by speech or other methods.
- 7. Public Broadcasting: Refers to methods of transmitting messages to the public through wired or wireless broadcasting systems for the purpose of direct listening or viewing, transmitting the content of works through sound or images. This also includes situations where someone other than the original broadcaster transmits the originally broadcast sound or image to the public using wired, wireless, or other broadcasting systems.
- 8. Public Screening: Refers to transmitting the content of a work to the public at a specific venue in real-time or through audiovisual devices.
- 9. Public Performance: Refers to conveying the content of a work to an audience through acting, dancing, singing, playing instruments, or other methods. This also includes transmitting the originally broadcast sound or image to the public using amplifiers or other devices.
- 10. Public Transmission: Refers to providing or transmitting the content of a work to the public via wired, wireless, or other communication methods through sound or images, including allowing the public to receive the work at their chosen time or location using the above methods.
- 11. Adaptation: Refers to creating a new work based on the original work through translation, arrangement, rewriting, filming, or other methods.
- 12. Distribution: Refers to providing the original or reproductions of a work to the public for trade or circulation, whether for compensation or not.
- 13. Public Display: Refers to displaying the content of a work to the public.
- 14. Issuance: Refers to the right holder distributing reproductions that meet the reasonable needs of the public.
- 15. Public Announcement: Refers to the right holder publicly indicating the content of the work through issuance, broadcasting, screening, oral presentation, performance, display, or other methods.
- 16. Original: Refers to the object to which the work is first attached.
- 17. Rights Management Information: Refers to electronic information sufficient to identify the work, title of the work, author, copyright holder or authorized person, and relevant terms or conditions of use indicated on the original work or its reproductions, or when the work is transmitted to the public; representations of such information in digits or symbols are also included.
- 18. Anti-piracy measures: Refers to effective measures taken by the copyright holder to prohibit or limit unauthorized access to or use of the work through equipment, technology, or other methods.
- 19. Network Service Provider: Refers to those who provide the following services:
- 1. Connection service provider: Provides information transmission, sending, receiving, or intermediary and temporary storage services through systems or networks they control or operate, whether wired or wireless.
- 2. Fast access service provider: Transmits information at the request of the user, temporarily stores that information for subsequent requests, to accelerate access for users requesting that information.
- 3. Information storage service provider: Provides information storage services at the request of the user through systems or networks they control or operate.
- 4. Search service provider: Provides indexing, reference, or linking services related to online information.
Foreign works may enjoy copyright in Taiwan under the following circumstances. However, if a treaty or agreement specifies otherwise and has been approved by the Legislative Yuan, those stipulations shall apply:
- 1. The work is first published within the jurisdiction of the Republic of China (Taiwan), or is published outside of Taiwan and subsequently published within Taiwan within thirty days. However, protection is limited to the works of foreign authors that are equally protected in their own countries against Taiwanese authors.
- 2. Under treaties, agreements, or their own national laws or practices, works by Taiwanese authors can enjoy copyright protection in that country.
Works referred to in this Act include the following:
- 1. Literary works.
- 2. Musical works.
- 3. Dramatic and dance works.
- 4. Artistic works.
- 5. Photographic works.
- 6. Graphic works.
- 7. Audiovisual works.
- 8. Sound recordings.
- 9. Architectural works.
- 10. Computer program works.
The content of the works listed in the previous paragraph shall be determined by the competent authority.
Works that are derivative creations based on the original work are protected as independent works.
Protection of derivative works does not affect the copyright of the original work.
Creative compilations of data that have creativity are protected as editorial works.
Protection of editorial works does not affect the copyright of the works included in the compilation.
Performers of existing works or folk creations are protected as independent works.
Protection of performances does not affect the copyright of the original work.
Works completed jointly by two or more people, where each person's contribution cannot be separately utilized, are considered joint works.
The following cannot be the subject of copyright:
- 1. The Constitution, laws, orders, or official documents.
- 2. Translations or compilations made by central or local agencies of the documents mentioned in the previous item.
- 3. Slogans and universally used symbols, terms, formulas, tables, charts, or calendars.
- 4. Literary works that simply convey factual news reports.
- 5. Examination questions and reserve questions for various types of examinations held according to laws and regulations.
The public documents referred to in the first item include documents, speeches, press releases, and other writings drafted by public officials in the course of their duties.
The author enjoys copyright upon the completion of the work. However, provisions of this Act shall prevail if specified otherwise.
Copyright acquired under this Act only protects the expression of the work and does not extend to the ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries expressed therein.
Works completed by employees in the course of their employment shall be credited to the employees as authors. However, if the contract specifies that the employer is the author, the contract shall prevail.
According to the previous provision, if the employee is considered the author, the economic rights of the work shall belong to the employer. However, if the contract specifies that the economic rights belong to the employee, the contract shall prevail.
The term "employees" as used in the previous two items includes public officials.
Works completed by a contractor hired to create a work, except in the circumstances described in the previous article, shall be credited to the contractor as the author. However, if the contract specifies that the investor is the author, the contract shall prevail.
According to the previous provision, if the contractor is considered the author, the economic rights shall belong to either the contractor or the investor according to the contract. If the ownership of economic rights is not specified, they shall belong to the contractor.
In cases where the economic rights belong to the contractor, the investor may use the work.
When the author's real name or a widely known pseudonym is indicated on the original work or its published reproductions, or when publicly announced, the author is presumed to be the creator of that work.
The provisions of the preceding paragraph shall apply to the date and place of publication and the presumed copyright holder.
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The author has the right to publicize their work. However, this does not apply to public officials whose works are considered created by the public organization to which they belong, and the economic rights belong to that organization.
The following situations are presumed to indicate the author's consent to publicize their work:
- 1. When the author assigns their economic rights of unpublished works to others or authorizes others to use them, and the work is publicized as a result of exercising those rights.
- 2. When the author transfers the original or reproductions of their unpublished artistic or photographic works to others, and the transferee publicly displays the original or reproductions.
- 3. For master's or doctoral theses written under degree awarding laws, if the author has obtained the degree.
According to the provisions of the second paragraph of Articles 11 and 12, if the economic rights of an unpublished work have been obtained from the start by the employer or investor, the public announcement of the work shall be regarded as the author's consent to publicize it.
The provisions of the preceding paragraph shall apply to the third paragraph of Article 12.
The author has the right to indicate their real name, pseudonym, or anonymity on the original work or its reproductions or during public announcement. The author has the same rights concerning derivative works that arise from their original work.
The provisions of the first paragraph of the previous article shall apply to the preceding paragraph.
Those utilizing the work may use their own cover design and add the name or title of the designer or editor. However, this does not apply if the author has special indications or goes against social usage conventions.
According to the purpose and method of utilizing the work, if there is no risk of harming the author's interests and does not violate social usage conventions, the name or title of the author may be omitted.
The author has the right to prohibit others from distorting, altering, or otherwise changing the content, form, or title of their work, thereby harming their reputation.
Upon the death or disappearance of the author, the protection of their moral rights is considered as still existing, and no one may infringe upon them. However, actions that may not violate the author's intent, based on the nature and extent of the use, societal changes, or other circumstances, do not constitute infringement.
For joint works, the moral rights may not be exercised without the consent of all authors. Each author may not refuse consent without justifiable reason.
For joint works, the authors may select a representative from among them to exercise the moral rights.
Restrictions placed on the representative's authority may not be asserted against good faith third parties.
The original unpublished work and its economic rights may not be subjected to compulsory enforcement, except as objects for sale or with the author's consent.
Moral rights exclusively belong to the author and cannot be assigned or inherited.
Unless otherwise stipulated by this Act, authors have the exclusive right to reproduce their works.
Performers have the exclusive right to reproduce their performances by sound recording, videotaping, or photography.
The provisions of the previous two paragraphs do not apply to transient or incidental reproductions that are technically necessary during legitimate online transmissions or authorized use of works. However, this does not apply to computer program works.
The transient reproduction of legitimate online transmission includes web browsing, fast access, or other unavoidable phenomena in the technical process of achieving transmission functionality.
Authors have the exclusive right to publicly announce their literary works.
Unless otherwise stipulated by this Act, authors have the exclusive right to publicly broadcast their works.
Performers' performances that are publicly broadcast after reproduction or public broadcasting are not subject to the preceding provision.
Authors have the exclusive right to publicly screen their audiovisual works.
Unless otherwise stipulated by this Act, authors have the exclusive right to publicly perform their literary, musical, or dramatic and dance works.
Performers have the exclusive right to publicly perform their performances using amplifiers or other devices. However, this does not apply if the performance is reproduced or publicly broadcasted before the performance.
If a sound recording work is publicly performed, the author may request the performer to pay for its use.
Unless otherwise stipulated by this Act, authors have the exclusive right to publicly transmit their works.
Performers have the exclusive right to publicly transmit their performances that are reproduced in sound recording works.
Authors have the exclusive right to publicly display their unpublished artistic or photographic works.
Unless otherwise stipulated by this Act, authors have the exclusive right to adapt their works into derivative or editorial works. However, this does not apply to performances.
Unless otherwise stipulated by this Act, authors have the exclusive right to distribute their works by way of transfer of ownership.
Performers have the exclusive right to distribute their performances that are reproduced in sound recording works by way of transfer of ownership.
Unless otherwise stipulated by this Act, authors have the exclusive right to rent their works.
Performers have the exclusive right to rent their performances that are reproduced in sound recording works.
Employers or investors who acquire economic rights according to the second paragraph of Article 11 or Article 12 shall have the exclusive rights specified in Articles 22 to 29.
The duration of economic rights, unless otherwise stipulated by this Act, lasts for the lifetime of the author and for fifty years after their death.
If a work is publicly published for the first time between the fortieth and fiftieth year after the author's death, the duration of economic rights shall commence from the date of publication for ten years.
The duration of economic rights for joint works lasts until the death of the last surviving author for fifty years after their death.
The duration of economic rights for anonymous or pseudonymous works lasts for fifty years after the work is publicly published. However, if it can be proved that the author has been deceased for over fifty years, the economic rights shall be extinguished.
The provisions of the previous paragraph do not apply if the author's pseudonym is well known.
The economic rights of works created by a legal entity last for fifty years after the work is publicly published. However, if the work has not been publicly published within fifty years from its completion, the economic rights last for fifty years from the completion date.
The duration of economic rights for photographic, audiovisual, sound recording, and performance works lasts for fifty years after the work is publicly published.
The provisions of the previous paragraph apply mutatis mutandis to the preceding paragraph.
The durations specified in Articles 30 to 34 shall terminate at the end of the year in which the duration expires.
For works that are continuously or successively published, the duration of economic rights shall be calculated based on the publication dates of each work. If each subsequent publication can stand as an independent work, the duration of economic rights shall commence from the date of each publication. If the subsequent publications cannot stand as independent works, the duration shall be calculated from the date of the first publication.
If the continuation is not publicly published within three years after the previous publication, the duration of economic rights shall commence from the date of the previous publication.
Economic rights may be fully or partially assigned to others or jointly owned with others.
The assignee of economic rights shall acquire the economic rights within the scope of the assignment.
The scope of the assignment of economic rights shall depend on the agreement of the parties; any unclear portions of the agreement shall be presumed not to be assigned.
The holder of economic rights may authorize others to use their works, and the scope of such authorization in terms of region, time, content, method of use, or other matters shall depend on the agreement of the parties; any unclear portions of the agreement shall be presumed not to be authorized.
The authorization shall not be affected by the subsequent assignment of economic rights by the holder or by further authorization.
Non-exclusive licensees may not re-assign their rights to third parties without the consent of the copyright holder.
Exclusive licensees may exercise rights within the scope of their authorization and may act in their own name in litigation. The copyright holder may not exercise rights within the scope of the exclusive license.
The provisions of the previous two items do not apply to authorizations made before November 12, 2001, when this Act was amended.
In the following cases, the provisions of Chapter 7 do not apply, unless the works are managed by copyright collective management organizations:
- 1. Music works authorized for reproduction on karaoke machines, when used publicly by the user.
- 2. Re-broadcasting the original broadcasted works.
- 3. Publicly transmitting the original broadcasted sound or image to the public using amplifiers or other devices.
- 4. If the authorized work is reproduced in an advertisement, and the broadcaster publicly broadcasts or synchronously transmits it to the public.
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If the economic rights are used as a pledge, unless otherwise stipulated at the time of setting the pledge, the copyright holder may exercise their economic rights.
The shares of each author in joint works shall be determined by agreement among the authors; if there is no agreement, they shall be determined by the extent of participation in the creation. If the extent of participation is unclear, it is presumed to be equal.
If a joint author renounces their share, their share shall be distributed among the remaining authors based on their proportional shares.
The provisions of the preceding paragraph shall apply mutatis mutandis if a joint author dies without heirs or ceases to exist.
Co-owned economic rights may not be exercised without the consent of all co-right holders; no co-right holder may assign their share to others or establish a pledge without the consent of other co-right holders without justifiable reason.
Co-owners of economic rights may select a representative among them to exercise their rights. Limitations on the representative's authority may not be asserted against good faith third parties.
The provisions of the second and third items shall apply mutatis mutandis to co-owned economic rights.
When authors submit works to newspapers, magazines, or authorize others to publicly broadcast their works, unless otherwise agreed, it is presumed that they grant permission for a one-time publication or broadcast, which does not affect the other rights of the copyright holder.
Economic rights extinguish upon the expiration of their duration. Additionally, the following circumstances also apply during the duration:
- 1. If the economic rights holder dies, their economic rights shall be allocated to the national treasury.
- 2. If the economic rights holder is a legal entity, the economic rights shall belong to the local government upon its dissolution.
Any work whose economic rights have extinguished may be freely used by anyone, unless otherwise stipulated by this Act.
Central or local agencies may reproduce others' works within a reasonable scope for internal reference materials needed for legislative or administrative purposes, unless the reproduction method, purpose, quantity, or method is harmful to the rights and interests of the copyright holder.
For judicial proceedings, others' works may be reproduced within a reasonable scope as necessary.
The provisions of the previous paragraph apply mutatis mutandis to the above circumstances.
Schools established by law and their teaching personnel may reproduce publicly published works of others for teaching needs within a reasonable scope.
The provisions of Article 44 apply mutatis mutandis to the above circumstances.
To prepare teaching materials subject to approval by the education administration, or for educational institutions to prepare teaching materials, they may reproduce, adapt, or edit publicly published works of others within a reasonable scope.
The provisions of the previous paragraph apply mutatis mutandis to auxiliary teaching materials that accompany the teaching materials.
Schools or educational institutions established by law may publicly broadcast publicly published works of others for educational purposes within a reasonable scope.
For the above three items, the user shall notify the copyright holder of the utilization and pay the usage fee. The fee rate shall be determined by the competent authority.
Libraries, museums, historical museums, science museums, art galleries, or other cultural institutions that serve the public may reproduce works in their collections under the following circumstances:
- 1. At the request of readers for personal research, reproducing a part of a publicly published work, or a single article from a journal or published conference proceedings, limited to one copy per person.
- 2. When necessary to preserve the information.
- 3. For out-of-print or hard-to-obtain works, at the request of similar institutions.
Central or local agencies, legally established educational institutions, or publicly accessible libraries may reproduce the following abstracts attached to publicly published works:
- 1. Master's or doctoral theses written under degree granting laws, if the author has obtained the degree.
- 2. Academic papers published in journals.
- 3. Published conference proceedings or research reports.
For news reports conducted by broadcasting, photography, recording, newspapers, the internet, or other means, they may utilize works encountered during the reporting within the necessary scope.
Works publicly published in the name of central or local agencies may be reproduced, publicly broadcasted, or publicly transmitted within a reasonable scope.
For individual or family non-profit purposes, reproducing publicly published works using libraries and non-publicly available machines is permitted within a reasonable scope.
For reporting, commentary, teaching, research, or other legitimate purposes, quoting publicly published works is allowed within a reasonable scope.
Central or local government agencies, non-profit organizations, or schools legally established for individuals with visual impairments, learning disabilities, hearing impairments, or other sensory difficulties may utilize publicly published works through translation, braille, recording, digital conversion, oral imaging, sign language addition, or other means for the benefit of those individuals.
The above provisions also apply to individuals with disabilities or their agents for personal non-profit use.
Reproductions created under the above provisions may be distributed or publicly transmitted among individuals with disabilities, central or local government agencies, non-profit organizations, or schools legally established.
For various examinations conducted by central or local government agencies or educational institutions, publicly published works may be reproduced for use as examination questions. However, works publicly published as examination questions are not subject to this.
For non-profit purposes, without charging fees directly or indirectly from the audience or listeners, and without paying remuneration to the performers, publicly reciting, broadcasting, screening, or performing publicly published works during activities is permitted.
Broadcasting or television may record the work for public broadcasting purposes with their own equipment. However, this is limited to cases where the broadcasting has been authorized by the copyright holder or is in accordance with this Act.
Recordings, except those approved for preservation at designated locations by the copyright authority, should be destroyed within six months after recording or filming.
To enhance viewing efficiency, legally established community antennas may simultaneously retransmit broadcasts from legally established wireless television stations without altering their form or content.
Owners of original or legally reproduced artistic or photographic works may publicly display those original or legally reproduced works.
Those publicly displaying may reproduce the work within an explanatory booklet for visitors.
Artistic works or architectural works displayed for an extended period in public spaces like streets, parks, or building exteriors may be utilized in any method, except for the following:
- 1. Reproducing the building in a building manner.
- 2. Reproducing the sculpture in a sculpting manner.
- 3. Reproducing for the purpose of long-term display in the aforementioned locations.
- 4. Reproducing for the purpose of selling reproductions of artistic works.
Owners of legal copies of computer program works may modify the program for the needs of their machines or reproduce the program for backup purposes. However, this is limited to the use of the owner.
If the owner loses the ownership of the original reproduction for reasons other than loss, they should destroy the modified or reproduced program unless authorized by the copyright holder.
Those who acquire ownership of original or legally reproduced works within the jurisdiction of Taiwan may distribute them by transfer of ownership.
Owners of original or legally reproduced works may rent the original or reproductions. However, this does not apply to sound recording and computer program works.
Computer program reproductions embedded in goods, machines, or equipment may be legally rented along with those items without being the main object of the rental.
Discussions on political, economic, or social issues published in newspapers, magazines, or online may be reproduced by other newspapers or magazines, publicly broadcasted by radio or television, or transmitted publicly online. However, if it is expressly marked as not to be reproduced, publicly broadcasted, or transmitted, this does not apply.
Public speeches in politics or religion, adjudications, and public statements by central or local agencies may be utilized by anyone. However, specific speeches or statements made by particular individuals that are compiled into an edited work require the consent of the copyright holder.
Those authorized to utilize others' works under Articles 44 to 63 and 65 may translate those works.
Those authorized to utilize others' works under Articles 46 to 51 may adapt those works.
Those authorized to utilize others' works under Articles 46 to 50, 52 to 54, 57, 58, 61, and 62 may distribute those works.
Utilization of others' works according to Articles 44 to 63 must clearly state the source.
For the source stated in the previous paragraph, the author's name or title, unless it is an anonymous work or the author is unknown, should be indicated reasonably.
Reasonable use of works does not constitute infringement of economic rights.
Whether the use of a work falls within the reasonable limits specified in Articles 44 to 63 or other reasonable uses shall consider all circumstances, particularly the following criteria:
- 1. The purpose and nature of the use, including whether it is for commercial or non-profit educational purposes.
- 2. The nature of the work.
- 3. The amount and significance of the portion used in relation to the entire work.
- 4. The impact of the use on the potential market for or the value of the work.
Agreements reached by copyright holders and users regarding reasonable use may serve as references for the above judgments.
During the process of the above agreements, opinions from the copyright authority may be sought.
The provisions of Articles 44 to 63 and 65 shall not affect the moral rights of the authors.
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If music works recorded in sound recording works are available for sale for six months, those who wish to utilize the music work to produce other sound recording works may apply for compulsory licensing from the copyright authority and pay the usage fee.
The methods for compulsory licensing for music works, calculation of usage fees, and other matters shall be determined by the competent authority.
Those utilizing music works under the provisions of the previous article may not sell the reproductions of their sound recordings outside the jurisdiction of Taiwan.
If a person applying for compulsory licensing under the provisions of Article 69 is found to have provided false information, the copyright authority shall revoke the license.
If a person utilizing a music work under the provisions of Article 69 does not comply with the authorization granted by the copyright authority, the copyright authority shall terminate the license.
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For textual works or artistic works without copyright or whose copyright has been extinguished, if the typesetter organizes and prints the text or reproduces the artistic work from the original by means of photocopying, printing, or similar methods for the first publication and registers it legally, the typesetter has the exclusive right to reproduce the typeset material by photocopying, printing, or similar methods.
The typesetter's rights commence upon the completion of the typesetting and last for ten years.
The protection period mentioned in the previous paragraph shall terminate at the end of the year in which that period expires.
Assignments or trusts of copyright on typesetting shall not be opposed to third parties without registration.
The registration of copyright on typesetting, assignment of rights, trust registration, and other matters shall be governed by regulations established by the competent authority.
The provisions regarding the extinction of economic rights in Articles 42 and 43, and the limitations on economic rights in Articles 44 to 48, 49, 51, 52, 54, 64, and 65 shall apply mutatis mutandis to copyright on typesetting.
Electronic rights management information created by the copyright holder may not be removed or altered. However, the following circumstances are exempt:
- 1. If due to technical limitations at the time of use, one cannot legally use the work without removing or altering the rights management information.
- 2. If it is technically necessary to remove or alter the information during the recording or transmission process.
Those who know that the rights management information has been illegally removed or altered may not distribute or intend to distribute or input or hold the original work or reproductions, nor may they publicly broadcast, perform, or transmit it.
Anti-circumvention measures taken by copyright holders to prevent or limit unauthorized access to or use of their works may not be circumvented, destroyed, or evaded without legal authorization.
Devices, equipment, components, technologies, or information used to circumvent, destroy, or evade anti-circumvention measures may not be manufactured, imported, provided for public use, or provided for public services without legal authorization.
The provisions of the previous two paragraphs do not apply under the following circumstances:
- 1. To maintain national security.
- 2. Actions taken by central or local agencies.
- 3. Archives, educational institutions, or publicly accessible libraries assessing whether to obtain materials.
- 4. To protect minors.
- 5. To protect personal data.
- 6. For safety testing of computers or networks.
- 7. For cryptography research.
- 8. For reverse engineering.
- 9. For utilizing others' works according to Articles 44 to 63 and 65.
- 10. Other circumstances specified by the competent authority.
The content of the previous items shall be determined by the competent authority and reviewed periodically.
Copyright holders may form collective management organizations for exercising rights, receiving, and distributing usage fees with the permission of the copyright authority.
Exclusive licensees may also join collective management organizations.
The establishment, organization, authority, and supervision of the aforementioned organizations shall be defined by law.
The copyright authority shall establish a Copyright Review and Mediation Committee to handle the following matters:
- 1. Review the usage fee rates specified in Article 47, paragraph four.
- 2. Mediate disputes regarding usage fees between collective management organizations and users.
- 3. Mediate disputes regarding copyright or copyright on typesetting.
- 4. Provide consultations on matters related to copyright review and mediation.
For disputes under the third item that involve criminal matters, only cases subject to private prosecution are considered.
The copyright authority shall send the mediation document for approval to the competent court within seven days after the mediation is established.
The court shall review the mediation document promptly; unless it violates laws, public order, or cannot be enforced, the judge shall sign and seal it, returning it to the copyright authority for delivery to the parties involved.
The copyright authority shall notify the copyright authority of any unapproved mediation cases.
Once mediation has been approved by the court, the parties involved may not initiate further litigation or prosecution regarding the matter.
Civil mediation approved by the court has the same effect as a definitive civil judgment; criminal mediation approved by the court concerning monetary payments or other valuables has execution power.
If a civil case is pending in court and mediation is established and approved by the court before the judgment becomes final, it shall be regarded as a withdrawal of the lawsuit as of the mediation establishment date.
If mediation is established and approved during the investigation or before the first instance hearing of a criminal case, and the parties consent to withdrawal, it shall be regarded as a withdrawal of the prosecution as of the mediation establishment date.
If a civil mediation approved by the court is invalid or subject to revocation, the parties may file a lawsuit with the original approving court for a declaration of invalidity or revocation of the mediation.
The lawsuit must be filed within thirty days after the mediation document is served to the parties.
The organization and regulations of the Copyright Review and Mediation Committee and procedures for related disputes shall be established by the competent authority and submitted for approval to the Executive Yuan before announcement.
Copyright holders or typesetting copyright holders may request the cessation of any infringement of their rights, and if there is a risk of infringement, may request preventive measures.
Those who infringe upon moral rights of authors shall be liable for damages. Even if there is no financial loss, the victim may claim an appropriate amount of damages.
In cases of infringement, the victim may also claim the display of the author's name or title, correction of content, or other appropriate measures to restore reputation.
After the author's death, unless specified otherwise in the will, the following individuals may sequentially request remedies against those who violate or are likely to violate Article 18 according to Articles 84 and the previous item:
- 1. Spouse.
- 2. Children.
- 3. Parents.
- 4. Grandchildren.
- 5. Siblings.
- 6. Grandparents.
The following circumstances shall be regarded as infringement of copyright or typesetting rights, unless otherwise stipulated in this Act:
- 1. Utilizing works in a way that infringes the author's reputation.
- 2. Disseminating or intending to disseminate objects that are known to infringe typesetting rights.
- 3. Importing reproductions or typesetting materials without authorization from the copyright holder or typesetting rights holder.
- 4. Importing original works or legally reproduced copies from abroad without the consent of the copyright holder.
- 5. Using reproductions that infringe upon computer program copyright in business.
- 6. Disseminating or intending to disseminate objects that are known to infringe copyright, or exhibiting or holding objects known to infringe copyright.
- 7. Intending to provide the public with unauthorized transmission or reproduction of others' works via the internet, or benefiting from providing technology that allows for public transmission or reproduction of copyrighted works.
The behavior described in item 7 indicates intent if the actor employs advertising or other measures that incite or persuade the public to infringe upon copyright through computer programs or other technologies.
In the following situations, the provisions of item 4 of the previous article do not apply:
- 1. If the importation is for use by central or local agencies. However, if the importation is for use by schools or educational institutions or for purposes other than preservation, this does not apply.
- 2. Importing reproductions of audiovisual works or a certain number of reproductions for the purpose of preserving materials by non-profit academic, educational, or religious institutions, or for lending or preserving materials in their libraries.
- 3. If the importation is for the personal non-distributing use of the importer or part of the luggage of a person entering the country.
- 4. Central or local government agencies, non-profit organizations, or schools legally established for the benefit of individuals with visual impairments, learning disabilities, hearing impairments, or other sensory difficulties may import reproductions of works made via translation, braille, recording, digital conversion, oral imaging, sign language addition, or other methods, and use them according to Article 53.
- 5. Legal imports of original works or reproductions of works embedded in goods, machines, or equipment are not subject to this.
- 6. Legal imports of instruction manuals or operation guides accompanying goods, machines, or equipment, provided that these are not the main focus of importation.
Items 2 and 3 above shall be defined by the competent authority.
Anyone who intentionally or negligently unlawfully infringes upon the economic rights of others shall be liable for damages.
If multiple individuals jointly infringe, they shall be jointly liable for damages.
The victim may choose to claim damages under the following provisions:
- 1. Pursuant to the provisions of Article 216 of the Civil Code. However, if the victim cannot prove the damages, they may claim the difference between the expected benefits they could have obtained under normal circumstances and the benefits obtained after the infringement.
- 2. Claiming profits obtained from the infringer as a result of the infringing actions. However, if the infringer cannot prove their costs or necessary expenses, all income obtained from the infringement will be regarded as profits.
If it is difficult for the victim to prove the actual amount of damage, they may claim the court to determine the amount of damages based on the circumstances of the infringement, which shall range from NT$10,000 to NT$1,000,000. If the infringement is intentional and the circumstances are serious, the amount may increase to NT$5,000,000.
When claiming under Article 84 or the preceding article, the victim may request the destruction or other necessary disposal of objects created or used in the infringement.
The victim may request the infringer to bear the costs of publishing the judgment in newspapers or magazines.
The right to claim damages under Articles 85 and 88 shall expire two years after the claimant becomes aware of the damages and the liable party. If the infringing action occurred more than ten years ago, the right to claim also expires.
Co-authors of a joint work may each seek remedies for infringement based on the provisions of this chapter and may claim damages based on their respective shares.
The above provisions also apply to co-owners of economic rights or typesetting rights established by other relationships.
Copyright holders or typesetting copyright holders may apply for customs to inspect goods that infringe upon their rights upon import or export.
The application must be made in writing, detailing the facts of the infringement, and providing a deposit equal to the customs appraisal of the goods to ensure compensation for damages incurred due to the seizure.
Customs must notify the applicant upon receiving the inspection request. If they determine it meets the requirements and seize the goods, they must inform both the applicant and the party whose goods have been seized in writing.
Both the applicant and the party whose goods have been seized may request to inspect the seized items.
If the seized items are confirmed to infringe copyright or typesetting rights through a civil judgment obtained by the applicant, customs shall confiscate the items. The costs for storage, transportation, and destruction of confiscated items shall be borne by the seizing party.
Costs incurred for destruction or confiscation of items shall be handled according to the relevant regulations on maintaining public order.
In the following cases, customs shall revoke the seizure according to the relevant customs regulations:
- 1. If the seized items are confirmed by a final judgment not to infringe upon copyright or typesetting rights.
- 2. If customs does not notify the applicant of the seizure within twelve days from the date of notification of acceptance of the application.
- 3. If the applicant requests to revoke the seizure.
The time limit for the second item may be extended by customs if necessary.
In the following cases, customs shall return the deposit to the applicant upon request:
- 1. If the applicant obtains a favorable ruling or reaches a settlement with the party whose goods were seized, and there is no longer a need to continue providing the deposit.
- 2. If the seizure is revoked and the applicant proves they have sent a notice to the party whose goods were seized more than twenty days earlier.
- 3. If the party whose goods were seized agrees to the return of the deposit.
The seizing party has the same rights concerning the deposit as the pledgor.
While performing their duties, customs may notify the copyright holder when discovering goods that appear to infringe copyright in imports or exports, and the copyright holder must provide authorization documents. Upon notification, the copyright holder should assist customs in confirming the infringement of the goods within the stipulated time frame: four hours for air export, one working day for sea imports and exports. If the copyright holder is unknown or cannot be contacted, or fails to confirm the infringement, customs should release the goods if there are no other violations of customs regulations.
Customs should take measures to temporarily withhold goods suspected of infringement upon being notified.
After customs takes temporary withholding measures, if the copyright holder does not apply for seizure of the goods within three working days or does not take protective legal action, customs should release the goods if there are no violations of customs regulations.
The implementation regulations of the previous article shall be determined by the competent authority in coordination with the Ministry of Finance.
Those who cause damage to copyright holders by violating the provisions of Article 80-1 or Article 80-2 shall be liable for damages. If multiple individuals jointly violate, they shall be jointly liable for damages.
The provisions of Articles 84, 88-1, 89-1, and 90-1 shall apply mutatis mutandis to violations of Articles 80-1 or 80-2.
Internet service providers that comply with the following provisions are subject to the provisions of Articles 90-5 to 90-8:
- 1. They inform users about copyright or typesetting rights protection measures through contracts, electronic transmission, automatic detection systems, or other means and implement those measures properly.
- 2. They inform users that if there are three instances of infringing conduct, they should terminate all or part of the service.
- 3. They announce the contact information for receiving notification documents.
- 4. They implement general identification or protective technological measures.
Connection service providers that forward notifications from copyright or typesetting rights holders regarding infringing behavior by their users via email to those users are considered to comply with the first provision.
If copyright or typesetting rights holders provide general identification or protective technological measures approved by the competent authority, internet service providers must comply with those measures.
Connection service providers are not liable for damages for infringing acts committed by their users if the following circumstances apply:
- 1. The information transmitted was initiated or requested by the user.
- 2. The transmission, sending, linking, or storage of information was performed automatically, and the connection service provider did not filter or modify any transmitted information.
Quick access service providers are not liable for damages for infringing acts committed by their users under the following conditions:
- 1. They did not change the accessed information.
- 2. When the information provider modifies, deletes, or blocks the original information for automatic access, they perform the same processing automatically.
- 3. Upon notification by copyright or typesetting rights holders regarding infringing conduct by their users, they promptly remove or make inaccessible the infringing content or related information.
Information storage service providers are not liable for damages for infringing acts committed by their users if the following circumstances apply:
- 1. They were not aware of the user's infringing conduct.
- 2. They did not derive any financial benefit directly from the user's infringing conduct.
- 3. Upon notification by copyright or typesetting rights holders regarding infringing conduct by their users, they promptly remove or make inaccessible the infringing content or related information.
Search service providers are not liable for damages for infringing acts committed by their users if the following circumstances apply:
- 1. They were not aware that the searched or linked information was infringing.
- 2. They did not derive any financial benefit directly from the user's infringing conduct.
- 3. Upon notification by copyright or typesetting rights holders regarding infringing conduct by their users, they promptly remove or make inaccessible the infringing content or related information.
Information storage service providers shall notify users of the actions taken under Article 90-7(3) regarding infringing content according to the contact method agreed with the user or the contact information provided by the user. However, this does not apply if it is not feasible due to the nature of the service provided.
Users who believe they are not infringing may provide a counter-notification document to request restoration of the removed or inaccessible content or related information.
Upon receiving the counter-notification, information storage service providers shall promptly notify the copyright or typesetting rights holders.
If the copyright or typesetting rights holders do not provide proof of having sued the user within ten working days of receiving notification from the information storage service provider, the service provider shall restore the removed or inaccessible content or related information within the timeframe established by the competent authority. However, if restoration is not possible, they must inform the user in advance or provide other appropriate means for the user to restore access.
Internet service providers shall not be liable for damages for users suspected of infringing conduct under the following circumstances:
- 1. If they remove or make inaccessible infringing content or related information according to Articles 90-6 to 90-8.
- 2. If they remove or make inaccessible infringing content or related information upon being aware of the user's infringing conduct in good faith.
Anyone who, intentionally or negligently, submits false notices or counter-notifications to internet service providers causing damage to users, copyright holders, typesetting rights holders, or internet service providers shall be liable for damages.
The announcement of the contact window for notices, notifications under Articles 90-6 to 90-9, required content, supplementary measures, and other matters shall be determined by the competent authority.
Those who infringe upon others' copyright by reproducing works without authorization shall be sentenced to imprisonment for up to three years, detention, or a fine not exceeding NT$750,000.
Those who intentionally infringe upon others' copyright for the purpose of sale or rental shall be sentenced to imprisonment for a period of six months to five years and may be fined between NT$200,000 and NT$2,000,000.
Those who commit the above offenses through reproducing works on CDs shall be sentenced to imprisonment for a period of six months to five years and may be fined between NT$500,000 and NT$5,000,000.
Works used solely for personal reference or reasonable use do not constitute copyright infringement.
Those who infringe upon others' copyright by distributing original or reproduced copies without authorization shall be sentenced to imprisonment for up to three years, detention, or a fine not exceeding NT$500,000.
Those who know that the reproductions are infringing and disseminate or intend to disseminate them or publicly display or possess them shall be sentenced to imprisonment for up to three years, and may be fined between NT$70,000 and NT$750,000.
If the above offenses involve reproductions on CDs, they shall be sentenced to imprisonment for a period of six months to three years and may be fined between NT$200,000 and NT$2,000,000. However, this does not apply to items imported in violation of Article 87, paragraph 4.
If offenders in the previous two items provide the source of their items and help catch others, their penalties may be reduced.
Those who infringe upon others' copyright by public recitation, broadcasting, screening, performance, transmission, or display without authorization shall be sentenced to imprisonment for up to three years, detention, or a fine not exceeding NT$750,000.
Anyone who meets any of the following circumstances shall be sentenced to imprisonment for up to two years, detention, or a fine not exceeding NT$500,000:
- 1. Infringing upon moral rights of authors as stipulated in Articles 15 to 17.
- 2. Violating provisions of Article 70.
- 3. Infringing copyright by means specified in Article 87, paragraph 1, items 1, 3, 5, or 6. However, the second and third items of Article 91-1 do not apply.
- 4. Violating provisions of Article 87, paragraph 1, item 7.
(Deleted)
Violating provisions of Article 112 shall result in imprisonment for up to one year, detention, or a fine not exceeding NT$20,000 to NT$250,000.
Violating provisions of Article 59, paragraph 2 or Article 64 shall incur a fine not exceeding NT$50,000.
Anyone who meets any of the following circumstances shall be sentenced to imprisonment for up to one year, detention, or a fine not exceeding NT$20,000 to NT$250,000:
- 1. Violating provisions of Article 80-1.
- 2. Violating provisions of Article 80-2, paragraph 2.
When fines are imposed under this chapter, the financial capability of the offender and the profits from the crime shall be considered. If the profits exceed the maximum fine, the fine may be increased within the scope of the profits.
(Deleted)
If a business publicly transmits copyright infringement under Articles 91, 92, and 93, and is convicted by a court, the business shall cease its operations immediately; if it does not cease and the competent authority determines that the infringement is serious and severely affects the rights of copyright holders, the competent authority shall impose a deadline of one month for corrective actions. If the deadline is not met, they may order the business to suspend operations or cease business altogether.
Those convicted of violating Articles 91, paragraph 3, or 91-1, paragraph 3, shall have the items used in the crime, items prepared for the crime, or items obtained from the crime confiscated, regardless of ownership.
If an individual commits crimes outlined in paragraph 3 of Article 91 or Article 91-1 and flees, the items used or obtained from the crime may be confiscated by judicial police authorities.
Items confiscated under the previous paragraph, except for money that is paid into the national treasury, shall be destroyed. The procedures for destroying or handling confiscated funds shall comply with the relevant regulations on maintaining social order.
Those convicted under Articles 91 to 93 or Article 95, at the request of the victim or other parties with the right to sue, shall be required to publish the judgment in full or in part in the newspaper, with costs borne by the defendant.
All offenses in this chapter require a formal complaint to be filed. However, the offenses detailed in the third paragraph of Article 91 and Article 91-1 do not require a complaint.
Legal representatives, agents of corporations or natural persons, employees, or other workers committing offenses under Articles 91 to 93, 95 to 96-1 while performing their duties shall be punished according to the provisions applicable to their conduct.
If the above parties file a complaint or withdraw a complaint, that effect applies to the other parties.
Foreign corporations that are not authorized may file complaints or initiate private prosecutions regarding offenses under Articles 91 to 93, 95 to 96-1.
Judicial police officers or police may seize items infringing upon others' copyrights or typesetting rights, upon receiving complaints or reports, and proceed with investigations.
(Deleted)
Applications for compulsory licensing, copyright registration, assignment registration of copyrights, trust registration of copyrights, mediation, inspection of copyright registrations, or requests for transcripts shall require payment of fees.
The above charges shall be determined by the competent authority.
Works completed before the amendment of this Act on June 10, 1992, which meet the provisions of this Act prior to the amendment on January 21, 1998, shall apply this Act, unless otherwise specified.
Works completed after the amendment of this Act on June 10, 1992, shall apply this Act.
Works completed before the Agreement on Trade-Related Aspects of Intellectual Property Rights came into force in Taiwan, which have not been granted copyright protection under previous versions of this Act and remain within the duration of copyright protection as stipulated in this Act, shall apply this Act, except for works whose protection has expired in their country of origin.
The term "country of origin" referred to in the previous paragraph shall be defined according to Article 5 of the Berne Convention for the Protection of Literary and Artistic Works.
Works protected under the previous article may continue to be utilized by those who have started utilizing them or made significant investments for utilization purposes before the Agreement came into force in Taiwan, for two years from the effective date of the Agreement. Provisions of Chapters 6 and 7 do not apply.
Those utilizing works protected under the previous paragraph shall pay reasonable usage fees determined through free negotiation to the copyright holder, except in cases of rental or lending.
Reproductions made without authorization of works protected under the previous provisions shall not be sold after one year from the announcement of the amendment of this Act, except for rental or lending.
Reproductions created from works protected under the previous provisions shall not be subject to the provisions of the previous paragraph.
However, except for cases in accordance with Articles 44 to 63, reasonable usage fees determined through free negotiation must be paid to the copyright holder for their works.
Works resulting from modifications made prior to the effective date of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which were completed and protected by previous versions of this Act, may continue to be utilized after the effective date without being subject to Chapters 6 and 7.
From June 6, 2003, the parties utilizing such works must pay reasonable usage fees determined through free negotiation to the copyright holder.
The previous two provisions shall not affect the protection of the derived works.
(Deleted)
(Deleted)
(Deleted)
The provisions of Article 13 shall not apply to works registered before the amendment of this Act on June 10, 1992.
In the following situations, the provisions of Articles 11 and 12 do not apply:
- 1. Those who acquired copyright under the provisions of this Act prior to the amendment on June 10, 1992.
- 2. Those who acquired copyright under the provisions of this Act prior to the amendment on January 21, 1998.
Translations made prior to the amendment of this Act on June 10, 1992, of foreign works that were protected before this Act was amended on June 10, 1992, without the consent of their copyright holders, shall not be reproduced after this Act is amended on June 10, 1992, unless they comply with Articles 44 to 65.
Reproductions of the translations described in the previous paragraph shall not be sold after two years from the amendment of this Act on June 10, 1992.
Copyright obtained prior to the amendment of this Act on June 6, 2003, which remains within the duration of copyright as stipulated in this Act, shall apply this Act.
(Deleted)
Agreements between domestic and foreign entities regarding the protection of copyrights, approved by the Executive Yuan, shall be regarded as treaties referred to in Article 4.
Copyright registration books, registration books, or samples of works shall be made available for public review and copying.
The copyright registration books, registration books, or samples of works prior to the amendment of this Act on January 21, 1998, may also be made available for public review and copying.
Courts may establish specialized tribunals or appoint individuals to handle copyright litigation cases.
Court must send a copy of the judgment for copyright litigation cases to the copyright authority.
(Deleted)
Except for Articles 106-1 to 106-3 of this Act, which came into effect on the day the Agreement on Trade-Related Aspects of Intellectual Property Rights took effect in Taiwan, and the articles revised on May 5, 2006, which shall come into effect on July 1, 2006, all other provisions shall come into effect upon announcement.
蘊藏許多助人的知識與智慧。