Chapter 4 Plate Rights
Article 79
For a literary or artistic work that has no economic rights or for
which the economic rights have been extinguished, 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 records it in
accordance with this Act, 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.
Assignment or placement in trust of plate rights shall not be
effective against third parties unless it has been recorded.
The regulations governing recordation of plate rights, recordation
of assignment, recordation of trust, and other requisite matters
shall be prescribed by the competent authority.
Article 80
The provisions of Article 42 and Article 43 concerning the
extinguishment of economic rights, and the provisions of Articles 44
through 48, Article 49, Article 51, Article 52, Article 54, Article
64, and Article 65 concerning limitations on economic rights, shall
apply mutatis mutandis to plate rights.
Chapter 4bis Electronic Rights Management Information and
Technological Protection Measures
Article 80bis
Electronic rights management information made by a copyright owner
shall not be removed or altered; provided, this shall not apply in
any of the following circumstances:
1. Where removal or alteration of electronic rights management
information of
the work is unavoidable in the lawful exploitation of the
work given
technological limitations at the time of the act.
2. Where the removal or alteration is technically necessary to
conversion of a
recording or transmission system.
Whoever knows that electronic rights management information of a
work has been unlawfully removed or altered shall not distribute or,
with intent to distribute, import or possess the original or any
copy of such work. He/She also shall not publicly broadcast,
publicly perform, nor publicly transmit [the same].
Article 80ter
Technological protection measures employed by copyright owners
to prohibit or restrict others from accessing works shall not,
without legal authorization, be disarmed, destroyed, or by any other
means circumvented.
Any equipment, device, component, technology or information for
disarming, destroying, or circumventing technological protection
measures shall not, without legal authorization, be manufactured,
imported, offered to the public for use, or offered in services to
the public.
The provisions of the preceding two paragraphs shall not apply in
the following circumstances:
1. Where to preserve national security.
2. Where done by central or local government agencies.
3. Where done by file archive institutions, educational
institutions, or public
libraries to assess whether to obtain the information.
4. Where to protect minors.
5. Where to protect personal data.
6. Where to perform security testing of computers or networks.
7. Where to conduct encryption research.
8. Where to conduct reverse engineering.
9. Under other circumstances specified by the competent authority.
The content in the subparagraphs of the preceding paragraph shall be
prescribed and periodically reviewed by the competent authority.
Chapter V Copyright Intermediary Organizations and Copyright Review
and Mediation Committees
Article 81
Economic rights holders may, with the approval of the specialized
agency in charge of copyright matters, establish copyright
intermediary organizations for the purpose 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
act.
Article 82
The specialized agency in charge of copyright matters shall
establish a Copyright Examination and Mediation Committee to handle
the following matters:
1. Examination of rates of compensation for use under the provisions
of
paragraph 4 of Article 47.
2. Mediation of disputes between copyright intermediary
organizations and
users concerning 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 82bis
Within seven days of the date of the conclusion of a mediation
settlement, the specialized agency in charge of copyright matters
shall submit the written mediation settlement statement for review
by the court of jurisdiction.
The court shall review the written mediation settlement statement
referred to in the preceding paragraph with due dispatch. Unless it
is contrary to act or regulation, public order, or good morals, or
compulsory execution would be impossible, the judge shall sign
[copies] thereof and affix the seal of the court thereto, and shall
return the mediation settlement statement to the specialized agency
in charge of copyright matters for service to the parties, retaining
one copy for its own records.
Where the court decides not to ratify a mediation settlement
statement, it shall notify the specialized agency in charge of
copyright matters of the reasons.
Article 82ter
After a mediation settlement has been ratified by a court, the
parties shall not initiate any further public or private prosecution
or action with respect to the mediated matter.
A civil mediation settlement ratified by a court as referred to in
the preceding paragraph shall have the same force as a final and
unappealable court judgment in a civil case. With respect to a
criminal mediation settlement that has been ratified by a court,
where the subject matter is payment of a certain amount of money, or
other substitute therefore, or securities, the written mediation
settlement statement shall constitute a writ of execution.
Article 82quater
Where a civil mediation settlement has been concluded, and then
ratified by a court while the civil action is under litigation, and
where no final and unappealable court judgment has yet been
obtained, the civil action shall be deemed withdrawn as of the date
of the conclusion of the mediation settlement.
Where a criminal mediation settlement has been concluded, and then
ratified by a court while the criminal case is in the investigation
stage or before the conclusion of arguments in the trial of first
instance, and where the parties have agreed to withdraw the case,
the complaint or private prosecution shall be deemed withdrawn as of
the date of the conclusion of the mediation settlement.
Article 82quinquies
Should there exist any ground for invalidation or voidance of a
civil mediation settlement after ratification by a court, the
parties may file an action with the original ratifying court to
invalidate or void the mediation settlement.
The action referred to in the preceding paragraph shall be initiated
by the parties within 30 days of service of the written mediation
settlement statement ratified by the court.
Article 83
The organic charter for the Copyright Examination and Mediation
Committee referred to in Article 82, and the regulations concerning
dispute mediation, shall be drafted by the competent authority and
promulgated after review and approval by the Executive Yuan.
Chapter 6
Remedies for Infringement of Rights
Article 84
The copyright holder or the plate rights holder may demand removal
of infringement of its rights. Where there is likelihood of
infringement, a demand may be made to prevent such infringement.
Article 85
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.
In infringement matters referred to in the preceding paragraph 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.
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
Any of the following circumstances, except as otherwise provided
under this Act, shall be deemed an infringement of copyright or
plate rights:
1. To exploit a work by means of infringing on the reputation of the
author.
2. Distribution of articles that are known to infringe on plate
rights, or public
display or possession of such articles with the intent to
distribute.
3. Import of any copies reproduced without the authorization of the
economic
rights holder or the plate rights holder.
4. Import of the original or any copies of a work without the
authorization of
the economic rights holder.
5. Exploitation for business purposes of a copy of a computer
program that is
known to infringe on economic rights in such computer
program.
6. 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.
7. To provide to the public computer programs or other technology
that can be
used to publicly transmit or reproduce works, with the intent
to allow the
public to infringe economic rights by means of public
transmission or
reproduction by means of the Internet of the works of
another, without the
consent of or a license from the economic rights holder, and
to receive
benefit therefrom.
A person who undertakes the actions set out in subparagraph 7 above
shall be deemed to have "intent" pursuant to that subparagraph when
the advertising or other active measures employed by the person
instigates, solicits, incites, or persuades the public to use the
computer program or other technology provided by that person for the
purpose of infringing upon the economic rights of others.
Article 87bis
The provisions of subparagraph 4 of the preceding article do not
apply under any of the following circumstances:
1. Where the original or copies of a work are imported for the use
of central or
local government agencies; provided, this does not apply to
import for use in
schools or other educational institutions, or to the import
of any audiovisual
work for purposes other than archival use.
2. 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 other than
audiovisual works
are imported for library lending or archival purposes,
provided that such
copies are used in compliance with the provisions of Article
48.
3. Where the original or a specified number of copies of a work are
imported for
the private use of the importer, not for distribution, or
where such import
occurs because the original or copies form part of the
personal baggage of a
person arriving from outside the territory.
4. 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. Such original or copies of the work shall not
be reproduced
during the use or operation of the goods, machinery or
equipment.
5. Where a user's manual or operating manual accompanying any
legally
imported goods, machinery, or equipment is imported;
provided, this does
not apply where the user's manual or operating manual are the
principal
objects of the importation.
The "specified number" set forth in subparagraphs 2 and 3 of the
preceding paragraph shall be prescribed by the competent authority.
Article 88
A person who unlawfully infringes on another person's economic
rights or plate rights out of intention or negligence shall be
liable for damages. Where multiple persons engage in unlawful
infringement, they shall bear joint and several liability for
damages.
With regard to the damages referred to in the preceding paragraph,
the injured party may make claim in any of the following manners:
1. In accordance with the provisions of Article 216 of the Civil
Code; provided,
when the injured party is unable to prove damages, it may
base the
damages on the difference between the amount of expected
benefit from
the exercise of such rights under normal circumstances and
the amount of
benefit from the exercise of the same rights after the
infringement.
2. Based on the amount of benefit obtained by the infringer on
account of the
infringing activity; provided, where the infringer is unable
to establish costs
or necessary expenses [of the infringing act or articles],
the total revenue
derived from the infringement shall be deemed to be its
benefit.
If it is difficult for the injured party to prove actual damages in
accordance with the provisions of the preceding paragraph, 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.
Article 88bis
Where 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 produced as a result of the
infringing act, or of articles used predominantly for the commission
of infringing acts.
Article 89
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.
Article 89bis
The right to claim damages 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 claim learns of its right to claim
damages and knows the identity of the obligor, or within ten years
of the occurrence of the infringement.
Article 90
Each holder of copyrights in a joint work may, pursuant to the
provisions of this chapter, separately demand remedies from the
infringer, and may also claim damages based on its share of
copyright ownership.
The provisions of the preceding paragraph shall apply mutatis
mutandis to joint holders of economic rights and plate rights that
arise out of other relationships.
Article 90bis
A copyright holder or plate rights holder may apply to the customs
authorities to suspend the release of import or export goods that
infringe on their copyright or plate rights.
The application referred to in the preceding paragraph shall be
filed in writing, shall state the facts of the infringement, and
shall include a bond in an amount equivalent to the import customs
value or the export FOB value of the goods, as assessed by customs,
to serve as a security to offset the loss suffered by the party
whose goods are subject to attachment.
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 issues an attachment order, it shall give written
notification to the applicant and to the party whose goods are
attached.
The applicant or the party whose goods are attached may apply to the
customs authorities for permission to inspect the attached goods.
Attached goods shall be confiscated by the customs authorities where
the applicant has obtained a final and unappealable civil judgment
determining that the goods infringe on copyright or plate rights.
The owner of the attached goods shall be held liable for such costs
as container demurrage, warehousing, loading, unloading, as well as
for expenses connected with destruction of the goods.
If the expenses connected with destruction of the goods referred to
in the preceding paragraph are not paid within the period prescribed
by customs authorities, the claim shall be enforced through
compulsory execution.
In any of the following circumstances, an attachment order shall be
rescinded by the customs authorities and the attached goods shall be
processed in accordance with applicable import and export
regulations; in addition, the applicant shall compensate the party
whose goods were attached for damage incurred on account of the
attachment:
1. The attached goods have been determined to be non-infringing of
copyright
or plate rights by a final and unappealable court judgment.
2. Within twelve days of the date on which the applicant is informed
of the
attachment, the customs authorities have not received
notification from the
applicant indicating that it has initiated litigation
proceedings alleging that
the attached goods are in infringement.
3. The applicant applies to rescind the attachment.
The period referred to in subparagraph 2 of the preceding paragraph
may be extended by another twelve days if customs authorities deem
it necessary.
Customs authorities shall return the bond upon the 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 final and unappealable judgment in its favor
or because the
applicant has reached a settlement with the party whose goods
were
attached.
2. The attachment order has been rescinded and the applicant can
prove that
at least the required 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 attached agrees to the return.
A person whose goods have been attached shall have the same
rights as a
pledgee with respect to the bond referred to in the second
paragraph of this
article.
When the customs authorities, in the course of executing their
duties, discover import/export goods that in appearance are
obviously suspect of copyright infringement, they may within one
business day notify the rights holder and notify the
importer/exporter to produce authorization materials. After
receiving notice, the rights holder shall proceed to customs within
four hours for air export goods and within one business day for air
import goods and sea import/export goods to assist with
verification. Where the rights holder is unknown or cannot be
notified, or the rights holder fails to proceed to customs within
the time limit as notified to assist with verification, or the
rights holder determines that the goods in question are not
infringing, and if there is no violation of other customs clearance
regulations, customs shall release the goods forthwith.
Where the goods are determined to be suspected infringing goods,
customs shall take measures to suspend the release of the goods.
If within three business days after customs has taken measures to
suspend the release of the goods the rights holder has not applied
to customs for attachment under paragraphs 1 to 10, or has not
initiated civil or criminal litigation procedure to protect the
rights, and if there is no violation of other customs clearance
regulations, customs shall release the goods forthwith.
Article 90ter
The implementing regulations for the preceding article shall be
prescribed by the competent authority in consultations with the
Ministry of Finance.
Article 90quater
Whoever violates any provision of Article 80bis or Article 80ter,
thereby causing damage to the copyright owner, shall be liable for
damages. If there are multiple violators, they shall bear joint and
several liability for damages.
The provisions of Article 84, Article 88bis, Article 89bis, and
Article 90bis shall apply mutatis mutandis to violations of Article
80bis or Article 80ter.
Chapter 7 Penal Provisions
Article 91
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, detention,
or in lieu thereof or in addition thereto a fine not more than seven
hundred and fifty thousand New Taiwan Dollars.
A person who infringes on the economic rights of another 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.
A person who commits the offense in the preceding paragraph by means
of reproducing onto an optical disk shall be imprisoned not less
than six months and not more than five years, and in addition
thereto, may be fined not less than five hundred thousand and not
more than five million New Taiwan Dollars.
A work only for personal reference or fair use of a work does not
constitute infringement of copyright.
Article 91bis
A person who infringes on the economic rights of another person by
distributing the original of a work or a copy thereof by transfer of
ownership without authorization shall be punished by imprisonment
for not more than three years, detention, or in lieu thereof or in
addition thereto, 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, in
addition thereto, may be fined not less than seventy thousand and
not more than seven hundred and fifty thousand New Taiwan Dollars.
A person who commits the offense in the preceding paragraph and the
infringing copy is optical disk shall be imprisoned not less than
six months and not more than three years and, in addition thereto,
may be fined not less than two hundred thousand and not more than
two million New Taiwan Dollars; provided, this shall not apply to
optical disks imported in violation of subparagraph 4 of Article 87.
Punishment of an offense in the preceding two paragraphs may be
reduced if the offender confesses the source of the goods, resulting
in the uncovering thereof.
Article 92
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, adaptation, compilation, or leasing,
shall be punished by imprisonment for not more than three years,
detention, or in lieu thereof or in addition thereto a fine not more
than seven hundred and fifty thousand New Taiwan Dollars.
Article 93
In any of the following circumstances, a sentence of up to two years
imprisonment or detention shall be imposed, or in lieu thereof or in
addition thereto, a fine of not more than five 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. Violations of the provisions of Article 70.
3. Infringement of another person's copyright by any of the means
specified in
paragraph 1, subparagraphs 1, 3, 5, or 6 of Article 87,
provided this shall not
apply to offenses as referred to in paragraph 2 or paragraph
3 of Article
91bis.
4. Violations of subparagraph 7 of paragraph 1 of Article 87.
Article 94 (deleted)
Article 95
A person who violates any provision of Article 112 shall be punished
by imprisonment for not more than one year, detention, or, in lieu
thereof or in addition thereto, a fine of not less than twenty
thousand and not more than two hundred and fifty thousand New Taiwan
Dollars.
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 96bis
In any of the following circumstances a sentence of up to one year
imprisonment or detention shall be imposed, or in lieu thereof or in
addition thereto, a fine of not less than twenty thousand and not
more than two hundred and fifty thousand New Taiwan Dollars:
1. Violation of Article 80bis.
2. Violation of paragraph 2 of Article 80ter.
Article 96ter
If a fine is to be imposed pursuant to the provisions of this
Chapter, the financial ability of the offender and the benefit
he/she has obtained through commission of the offense shall be taken
into account. If the benefit obtained exceeds the maximum fine, such
fine may be increased within the limit of the obtained benefit.
Article 97 (deleted)
Article 97bis
When an enterprise, by means of public transmission, violates
the provisions of Article 91, Article 92, or Article 93,
subparagraph 4 and is convicted by a court, it shall immediately
cease such activities. If the enterprise does not cease those
activities, then following the convening by the competent authority
of a group of specialists, academicians, and related enterprises who
determine that the enterprise's activities constitute a serious
infringement and that they materially affect the rights and
interests of the economic rights holder, the competent authority
shall prescribe a period of one month within which the enterprise
shall take corrective action; where the enterprise fails to take
corrective action within that period, the competent authority may
order suspension or compulsory termination of the enterprise's
business.
Article 98
An article used in the commission of an offense or acquired through
the commission of an offense set forth in Article 91 through Article
93, Article 95 through Article 96bis may be confiscated; provided,
for an offense set forth in paragraph 3 of Article 91 or paragraph 3
of Article 91bis, articles which may be confiscated are not limited
to those belonging to the offender.
Article 98bis
An article used in the commission of an offense or acquired through
the commission of an offense set forth in paragraph 3, Article 91,
or paragraph 3, Article 91bis, may be confiscated by the judiciary
police if the offender escapes and is therefore unidentifiable.
The article confiscated pursuant to the preceding paragraph shall be
destroyed, provided that where the confiscated article is money,
that money shall be submitted to the national treasury. The relevant
provisions of the Act for the Maintenance of Social Order shall
apply mutatis mutandis to the procedures of the aforementioned
destruction and submission.
Article 99
Upon motion by the injured party or another party having the right
to file a complaint, an infringer as set out in Articles 91 through
Articles 93, Articles 95 may be ordered to publish all or part of
the court judgment in a newspaper and bear the costs thereof.
Article 100
The offenses specified in this chapter are actionable only upon
complaint; provided, this shall not apply to offenses specified in
paragraph 3 of Article 91 and paragraph 3 of Article 91bis.
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 Article 93,
Article 95 through 96bis 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 against the infringer or the juristic or natural person is
filed or withdrawn, 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 Article 93, Article 95 through 96bis.
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 law and
refer the matter for investigation.
Article 104 (deleted)
Chapter 8 Supplementary Provisions
Article 105
Persons who apply under this Act for a compulsory license,
recordation of plate rights, recordation of assignment of plate
rights, recordation of trust 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 Act shall
apply to works that were completed prior to the implementation date
of the June 10, 1992 amendment to this Act where such works comply
with any one of the provisions of Articles 106 through 109 of the
Act prior to the January 21, 1998 Copyright Act taking effect.
This Act shall apply to works that were completed after the
implementation date of the June 10, 1992 amendment to this Act.
Article 106bis
Except as otherwise provided under in this Chapter, this Act shall
apply to works that were completed prior to the date on which the
World Trade Organization Agreement took 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 Act but where the term of protection for economic rights has
not expired in accordance with this Act; 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 106ter
Except as otherwise provided for in this Chapter, a person who
began the exploitation of works protected pursuant to the provisions
of the preceding article prior to the date on which the World Trade
Organization Agreement took effect in the territory under the
jurisdiction of the Republic of China, or who made significant
investment toward the purpose of such exploitation, may continue to
exploit such works during the two-year period which commences on the
aforementioned effective date of said Agreement, and the provisions
of Chapter 6 and Chapter 7 of this Act shall not apply.
From the implementation of the June 6, 2003 amendment to this Act,
the person exploiting a work pursuant to the preceding paragraph,
except in circumstances of rental or lending, shall pay to the
economic rights holder of the exploited work a reasonable
compensation for the exploitation such as would normally be paid for
such work through free negotiation.
From one year after the date of promulgation of the amendment to
this Act, an exploiter shall not further sell unauthorized copies of
works protected under the preceding article; provided, it may still
rent or lend them.
The preceding paragraph does not apply to copies of works that are
separately created through exploitation of works protected under the
preceding article; provided that, except as set forth in Articles 44
to 65, the economic rights holder of the exploited work shall be
paid a reasonable compensation for the exploitation such as would
normally be paid for such work through free negotiation.
Article 106quater
Exploitation of a derivative work may continue beyond the date on
which the World Trade Organization Agreement took 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 occurred prior to the aforementioned effective date, and where
such derivative work was protected under respective versions of this
act; the provisions of Chapter VI and Chapter VII of this Act shall
not apply.
From the implementation of the June 6, 2003 amendment to this Act,
the person exploiting the derivative work pursuant to the preceding
paragraph shall pay to the economic rights holder of the underlying
work a reasonable compensation such as would normally be paid for
such work through free negotiation.
The provisions of 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
amendment to this Act.
Article 111
The provisions of Article 11 and Article 12 shall not apply in the
following situations:
1. The copyright was obtained pursuant to the provisions of Article
10 or 11 of
this Act prior to the implementation date of the June 10,
1992 amendment
to this Act.
2. The copyright was obtained pursuant to Article 11 or 12 of this
Act prior to
the January 21, 1998 Copyright Act taking effect.
Article 112
Where the works of foreign nationals enjoyed protection of
translation rights pursuant to this Act prior to the implementation
date of the June 10, 1992 amendment hereto, translations of such
works made prior to said implementation date shall no longer be
reproduced after said implementation date without the consent of the
holder of the copyright to such works, unless such exploitation is
in conformity with Articles 44 through Article 65 of this Act.
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 amendment to this Act.
Article 113
This Act shall apply to plate rights that were obtained prior to the
implementation date of the June 6, 2003 amendment to this Act;
provided, the term of protection calculated pursuant to this Act has
not expired.
Article 114 (deleted)
Article 115
Agreements for reciprocal copyright protection signed by
organizations and agencies of this country and those of a foreign
country shall, upon ratification by the Executive Yuan, be deemed
"agreements" as that term is used in Article 4.
Article 115bis
The plate rights register or recordation log, and samples submitted,
shall be made available to the public for inspection and copying.
Any copyright register or recordation log that has been registered
and recorded prior to the implementation date of the January 21,
1998 amendment to this Act, and any sample thereof that has been
submitted, may be made available to the public for inspection and
copying.
Article 115ter
For the purpose of handling copyright litigation, courts may
establish a specialized court or appoint specialized judges.
The courts shall deliver to the specialized agency in charge of
copyright matters a copy of decisions in copyright litigation cases.
Article 116 (deleted)
Article 117
This Act shall take effect from the date of promulgation, provided
that the provisions of Articles 106bis through 106quater amended and
promulgated on January 21, 1998 took effect from the date upon which
the World Trade Organization Agreement took effect in the territory
under the jurisdiction of the Republic of China, and the provisions
amended on May 5, 2006 took effect from July 1, 2006. |