COPYRIGHT LAWS AND PROCEDURES TAIWAN
This Act is specifically enacted for the purposes of protecting the rights and interests of authors with respect to their works, balancing different interests for the common good of society, and promoting the development of national culture.
- Matters not provided for herein shall be governed by the provisions of other acts.
The competent authority under this Act is the Ministry of Economic Affairs.
For the purposes of this act, "works" shall include the following:
- Oral and literary works.
- Musical works.
- Dramatic and choreographic works.
- Artistic works.
- Photographic works.
- Pictorial and graphical works.
- Audiovisual works.
- Sound recordings.
- Architectural works.
- Computer programs.
- Works of foreign nationals that comply with one of the following conditions may enjoy copyright:
- first published in the territory under the jurisdiction of the Republic of China, or
- published in the territory under the jurisdiction of the Republic China within thirty days after their first publication in territory outside the jurisdiction of the Republic China. However, the country of such foreign national shall also extend protection under identical circumstances.
Where by treaty or agreement, or under the domestic acts, regulations, or standard practice of the home country of the foreign national, works of persons of the Republic of China enjoy copyright in such country.
- The following items shall not be the subject matter of copyright:
- The constitution, acts, regulations, or official documents.
- Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
- Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
- Oral and literary works for news reports that are intended strictly to communicate facts.
Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.
REMEDIES FOR INFRINGEMENT OF RIGHTS
- The copyright holder may demand removal of infringement or any likelihood of infringement of its rights.
- A person who infringes on the moral rights of an author shall be liable for damages.
- In the event of non-pecuniary injury, the injured party may claim a commensurate amount of compensation.
- The injured party may demand indication of the author's name or appellation, correction of content, or adoption other appropriate measures necessary for the restoration of its reputation.
- After the death of the author, unless otherwise specified by a will, the following persons shall be entitled to request remedies:
- Brothers and sisters
- Any of the following circumstances shall be deemed an infringement of copyright or plate rights even otherwise provided by the Act:
- To exploit a work by means of infringing on the reputation of the author.
- Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
- Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
- Import of the original or any copies of a work without the authorization of the economic rights holder.
- Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
- Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
- But the any of the following circumstances it does not amount to any infringement:
- Where the original or copies of a work are imported for the use of central or local government agencies;
- Where the original or a specified number of copies of any audiovisual works are imported in order to supply such works to nonprofit scholarly, educational, or religious organizations for archival purposes, or where an original or specified number of copies of works
- Where the original or a specified number of copies of a work are imported for the private use of the importer, not for distribution.
- Where the original or copies of a work incorporated into any legally imported goods, machinery, or equipment are imported in conjunction with the import of such items.
- Where a user's manual or operating manual accompanying any legally imported goods, machinery, or equipment is imported;
- If it is difficult for the injured party to prove actual damages except the total revenue derived from the infringement, it may request that the court, based on the seriousness of the matter, set compensation at an amount of not less than ten thousand and not more than one million New Taiwan Dollars.
- If the damaging activity was intentional and the matter serious, the compensation may be increased to five million New Taiwan Dollars.
- The injured party may request the destruction or other necessary disposition of goods produced as a result of the infringing act, or of articles used predominantly for the commission of infringing acts.
- The injured party may demand that the infringer, at its own expense, publish in a newspaper or magazine all or part of a judgment concerning said infringement.
The right to claim damages shall be extinguished if not exercised within two years from the time the person is having the right to make claim or within ten years of the occurrence of the infringement.
- A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, and with a fine not more than seven hundred and fifty thousand New Taiwan Dollars.
- The infringer infringes the economic right of a person by means of reproducing the work without authorization 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 not less than two hundred thousand and not more than two million New Taiwan Dollars.
- If the infringement takes place by means of reproducing on to an optical disk, the infringer shall be imprisoned not less than six months and not more than five years, and may be fined not less than five hundred thousand and/or a fine of not more than five million New Taiwan Dollars.
- A person who infringes on the economic rights of another person by distributing the original of a work or a copy thereof shall be punished by imprisonment for not more than three years and/or a fine not more than five hundred thousand New Taiwan Dollars.
- A person who distributes or with intent to distribute publicly displays or possesses a copy knowing that it infringes on economic rights shall be imprisoned not more than three years and may be fined not less than seventy thousand and/or not more than seven hundred and fifty thousand New Taiwan Dollars.
- A person who infringes on the economic rights of another person without authorization by means of
- public recitation,
- public broadcast,
- public presentation,
- public performance,
- public transmission,
- public display,
- compilation, or
shall be punished by imprisonment for not more than three years, or a fine not more than seven hundred and fifty thousand New Taiwan Dollars.