# Annotated Republic of China Laws/Copyright Act/1998

| ←1992 | Copyright Act Republic of China (Taiwan) Law 1998 |

## Chapter I　General Principles
### Article 1

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.

### Article 4

Works of foreign nationals that comply with one of the following conditions may enjoy copyright under this Act; provided, where the terms of a treaty or an agreement that has been ratified by resolution of the Legislative Yuan provide otherwise, such terms shall govern:
1.　Works that are first published in the territory under the jurisdiction of the Republic of China, or are published in the territory under the jurisdiction of the Republic China within thirty days after their first publication in territory outside the jurisdiction of the Republic China; provided, this shall only apply where the country of such foreign national extends protection under identical circumstances to the works of persons of the Republic of China, and such protection has been verified.
2.　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.

## Chapter II　Works
### Article 5

For the purposes of this Act, "works" shall include the following:
1.　Oral and literary works.
2.　Musical works.
3.　Dramatic and choreographic works.
4.　Artistic works.
5.　Photographic works.
6.　Pictorial and graphical works.
7.　Audiovisual works.
8.　Sound recordings.
9.　Architectural works.
10.　Computer programs.
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.

### Article 6

A creation adapted from one or more pre-existing works is a derivative work and shall be protected as an independent work.
Protection of a derivative work shall not affect the copyright in the pre-existing work.

### Article 7

A compilation work is a work formed by the creative selection and arrangement of materials, and shall be protected as an independent work.
Protection of a compilation work shall not affect the copyright in the work from which the material was selected and arranged.

### Article 8

A joint work is a work that has been completed by two or more persons where the creation of each person cannot be separately exploited.

### Article 9

The following items shall not be the subject matter of copyright:
1.　The constitution, acts, regulations, or official documents.
2.　Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
3.　Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
4.　Oral and literary works for news reports that are intended strictly to communicate facts.
5.　Test questions and alternative test questions from all kinds of examinations held pursuant to laws or regulations.
The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties.

## Chapter III　　Authors and Copyright
### Section 1　 General Provisions
#### Article 10

The author of a work shall enjoy copyright upon completion of the work; provided, where this Act provides otherwise, such provisions shall govern.

#### Article 10-1

Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.

### Section 2　 Authors
#### Article 11

Where a work is completed by an employee within the scope of employment, such employee is the author of the work; provided, where an agreement stipulates that the employer is the author, such agreement shall govern.
Where the employee is the author of a work pursuant to the provisions of the preceding paragraph, the economic rights to such work shall be enjoyed by the employer; provided, where an agreement stipulates that the economic rights shall be enjoyed by the employee, such agreement shall govern.
The term "employee" in the preceding two paragraphs includes civil servants.

#### Article 12

Where a work is completed by a person under commission, except in the circumstances set out in the preceding article, such commissioned person is the author of the work; provided, where an agreement stipulates that the commissioning party is the author, such agreement shall govern.
Where the commissioned person is the author pursuant to the provisions of the preceding paragraph, enjoyment of the economic rights to such work shall be assigned through contractual stipulation to either the commissioning party or the commissioned person. Where no stipulation regarding the enjoyment of economic rights has been made, the economic rights shall be enjoyed by the commissioned person.
Where the economic rights are enjoyed by the commissioned person pursuant to the provisions of the preceding paragraph, the commissioning party may exploit the work.

#### Article 13

Where a person's name or a pseudonym familiar to the public is represented in a normal way as the author on the original of a work, or on a published copy of the work, or in connection with a public release of a work, the person shall be presumed to be the author of the work.
The provisions of the preceding paragraph shall apply mutatis mutandis to presumptions concerning the date and place of publication of a work as well as the ownership of economic rights therein.

#### Article 14

(deleted)

### Section 3　 Moral Rights
#### Article 15

The author of a work shall enjoy the right to publicly release the work; provided, this shall not apply to a civil servant where, pursuant to the provisions of Article 11 or 12, such person is the author while the juristic person employing such author enjoys the economic rights to the work.
In the following circumstances the author shall be presumed to have consented to the public release of the work:
1. 　Where, prior to publicly releasing its work, the author has transferred, or licensed to exploit, the economic rights to the work, and the work is publicly released as a consequence of the exercise or exploitation of the economic rights.
2.　Where, prior to the public release of a artistic work or a photographic work, the author transfers the original or a copy of such work to another party and the transferee publicly displays the original or copy of the work.
3. 　Where the work is a Masters thesis or doctoral dissertation written under the "Degree Conferral Act " and the author has obtained a degree.
Where, in accordance with the provisions of paragraph 2 of Article 11 or paragraph 2 of Article 12, an employer or a commissioning party, ab initio, obtained economic rights to a work that has never been publicly released, and where such work is publicly released in conjunction with the transfer, exercise, or exploitation of the economic rights of such work, the author shall be deemed to have consented to the public release of the work.
The provisions of the preceding paragraph shall apply mutatis mutandis to paragraph 3 of Article 12.

#### Article 16

The author of a work shall have the right to indicate its name, a pseudonym, or no name on the original or copies of the work, or when the work is publicly released. The author has the same right to a derivative work based on its work.
The proviso in the first paragraph of the preceding article shall apply mutatis mutandis to the preceding paragraph.
The person exploiting a work may use its own cover design and may add the name or appellation of the designer or editor-in-chief; provided this shall not apply where the author has specifically indicated to the contrary, or where the addition would deviate from commonly accepted practices.
Where the purpose and method of exploitation neither present any likelihood of harm to the author's interests nor deviate from commonly accepted practices, the author's name or appellation may be omitted.

#### Article 17

The author has the right to prohibit others from distorting, mutilating, modifying, or otherwise changing the content, form, or name of the work, thereby damaging the author's reputation.

#### Article 18

The protection of moral rights of an author who has died or been extinguished shall be deemed to be the same as when the author was living or in existence and shall not be infringed upon by any person; provided, the act shall not constitute an infringement where it can be considered that the author's intent has not been contravened given the nature and degree of the act of exploitation, social changes, or other circumstances.

#### Article 19

Moral rights in a joint work may not be exercised without the consent of all the joint authors. A joint author shall not refuse consent without a legitimate reason.
Authors of a joint work may select an author from among the joint authors to be their representative for the purpose of exercising moral rights.
Limitations imposed on the representative powers of the representative referred to in the preceding paragraph shall not be effective against a third party acting in good faith.

#### Article 20

The original of a work that has not been publicly released and the economic rights therein shall not be the object of compulsory execution unless they are the object of a trade or the principal has given its consent.

#### Article 21

Moral rights belong exclusively to the author and shall not be transferred or succeeded.

### Section 4　 Economic Rights
#### Subsection 1　Categories of Economic Rights
##### Article 23

Authors of oral and literary works have the exclusive right to publicly recite their works.

##### Article 25

Authors of audiovisual works have the exclusive right to publicly present their works.

##### Article 27

Authors of unpublished fine arts or photographic works have the exclusive right to publicly display the original and copies of their works.

##### Article 28

Authors of works have the exclusive right to adapt their works into derivative works or to compile their works into compilation works; provided, this shall not apply to performances.

##### Article 29-1

An employer or commissioning party that has obtained the economic rights in a work in accordance with the provisions of paragraph 2 of Article 11 or paragraph 2 of Article 12 shall have exclusive enjoyment of the rights set out in the provisions of Articles 22 through 29.

#### Subsection 2　 Term of Protection for Economic Rights
##### Article 30

Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.
Where a work is first publicly released between the fortieth and fiftieth years after the author's death, the economic rights shall endure for a term of ten years beginning from the time of the first public release.

##### Article 31

Economic rights in a joint work subsist for fifty years after the death of the last surviving author.

##### Article 32

Economic rights in a pseudonymous work or an anonymous work endure for fifty years from the time of public release; provided, the economic rights shall be extinguished where it can be proven that the author has been deceased for over fifty years.
The provisions of the preceding paragraph shall not apply when the pseudonym of the author is well known to the public.

##### Article 33

Economic rights in works authored by a juristic person endure for fifty years after the public release of the work; provided, if the work is not publicly released within fifty years from the completion of the creation, the economic rights shall subsist for fifty years after completion of the creation.

##### Article 35

All terms of duration specified in Articles 30 through 34 terminate as of the last day of the last year of the term.
Where the term of economic rights for works released to the public continuously or successively is calculated on the basis of the date of the public release of the work, if each public release can constitute an independent work, the term of economic rights of each work shall be calculated from the date of each public release; if each public release cannot constitute an independent work, the term shall be calculated from the date of the public release(s) that can constitute an independent work.
With respect to the circumstances described in the preceding paragraph, if the continuing part has not been publicly released within three years of the date of public release of its preceding part, the term of the economic rights shall be calculated from the date of public release of its preceding part.

#### Subsection 3　　Transfer, Exercise, and Extinguishment of Economic Rights
##### Article 36

Economic rights may be transferred in whole or in part to another person and may be jointly owned with other persons.
The transferee of economic rights obtains economic rights within the scope of the transfer.
The scope of the transfer of the economic rights shall be as stipulated by the parties; rights not clearly covered by such stipulations shall be presumed to have not been transferred.

##### Article 38

(deleted)

##### Article 39

Where economic rights are the object of a pledge, unless otherwise stipulated at the time the pledge is created, the economic rights holder may exercise the economic rights to the work.

##### Article 40

In the case of a joint work, each author's share of the ownership of such a work shall be as stipulated by the joint authors; where no stipulation has been made, ownership shares shall be determined according to the degree of each author's creative contribution. Where the degree of each author's creative contribution is not clear, it shall be presumed that each author owns an equal share.
Where an author of a joint work abandons its share of the ownership of the work, that share shall be apportioned among the other joint authors in proportion to their respective shares.
The provisions of the preceding paragraph shall apply mutatis mutandis where the author of a joint work dies with no successor or is extinguished with no receiver.

##### Article 40-1

Joint economic rights in a work shall not be exercised except with the consent of all the joint economic rights holders; no economic rights holder shall transfer its share to another person or establish a pledge of its share in favor of a third party without the consent of all other joint economic rights holders. A joint economic rights holder shall not refuse consent without a legitimate reason.
The joint economic rights holders of a work may select a representative from among themselves to exercise their economic rights. Limitations imposed on the representative powers of such representative shall not be effective against a third party acting in good faith.
The second and third paragraphs of the preceding article shall apply mutatis mutandis to joint ownership of economic rights.

##### Article 41

Where an economic rights holder makes a submission to a newspaper or magazine, or licenses the public broadcast of the work, it shall be presumed, unless otherwise stipulated, that the economic rights holder has licensed one printing or one public broadcast only, and that said printing or broadcast shall have no effect on other rights belonging to the economic rights holder.

##### Article 42

Economic rights are extinguished upon expiration of the term of protection. Economic rights are also extinguished where any of the following circumstances occurs during the term of protection:
1.　The economic rights holder has died and the economic rights, for that reason, divest by act to the national treasury.
2. 　The economic rights holder is a juristic person that has been extinguished and the economic rights, for that reason, divest by act to a local government.

##### Article 43

Except as otherwise provided by this Act, any person may freely exploit a work for which the economic rights have been extinguished.

#### Subsection 4　 Limitations on Economic Rights
##### Article 44

Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or administration; provided, this shall not apply where such reproduction would prejudice the interests of the economic rights holder due to the type and use of the work and the volume and method of reproduction.

##### Article 45

Within a reasonable scope, and for the sole purpose of use necessary to judicial proceedings, the works of another person may be reproduced.
The proviso of the preceding article shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

##### Article 46

Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which have already been publicly released.
The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

##### Article 47

Within a reasonable scope, and for the purpose of preparing pedagogical texts for which review and approval by an education administrative agency is required by act or regulation, or where an education administrative agency prepares pedagogical texts itself, the works of another person that have been publicly released may be reproduced, adapted, or compiled.
The provisions of the preceding paragraph shall apply mutatis mutandis to the preparation of supplementary teaching aids which are ancillary to the aforesaid textbooks and which are exclusively provided to teachers for teaching purposes; provided, this shall be limited to editing by the preparer of such textbooks.
Within a reasonable scope and for the purpose of meeting educational needs, all levels of legally established schools and educational institutions may publicly broadcast the works of another person that have been publicly released.
In the circumstances set forth in the preceding three paragraphs the exploiter of the work shall notify the economic rights holder and pay compensation for use. The level of compensation shall be set by the competent authority.

##### Article 48

Libraries, museums, history museums, science museums, art museums, and other cultural institutions open to the public may reproduce works in their collections in any of the following circumstances:
1.　Where a patron requests reproduction of a part of a work that has been publicly released, or a single article from a seminar paper or a single article from a periodical that has been publicly released, provided that the copy is for personal research purposes and is limited to one copy per person.
2.　Where necessary to preserve materials.
3.　 Where the works in question are out of print or difficult to purchase, and have been requested by another similar institute.

##### Article 48-1

Central or local government agencies, educational agencies that have been established by law, or libraries open to the public may reproduce abstracts appended to the following works where such works have been publicly released:
1.　Masters theses or doctoral dissertations written under the "Degree Conferral Act," where the author has obtained a degree. 2.　Academic papers published in periodicals. 3.　Research reports or collections of seminar papers that have been publicly released.

##### Article 51

Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has been publicly released may be reproduced by a machine that is either located in a library or is not provided for public use.

##### Article 52

Within a reasonable scope, works that have been publicly released may be quoted where necessary for reports, comment, teaching, research, or other legitimate purposes.

##### Article 54

Works that have been publicly released may be reproduced for use in examination questions on all kinds of examinations held by central or local government agencies and all levels of schools or educational institutions established in accordance with act; provided, this shall not apply to works that have been publicly released as examination questions.

##### Article 55

The work of another person that has been publicly released may be publicly recited, publicly broadcast, publicly presented, or publicly performed in the course of an activity of non-profit nature, provided that no fee is directly or indirectly collected from the viewers or listeners, and no compensation is given to the performers.

##### Article 57

The owner of the original legal copy of an artistic work or photographic work, or a person authorized by the owner, may publicly display such original or legal copy of the work.
The public displayer referred to in the preceding paragraph may reproduce the work in a descriptive writing in order to provide viewers with an explanation or introduction.

##### Article 58

Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
1.　Reproduction of a building by construction of another building.
2.　Reproduction of a work of sculpture by production of another sculpture.
3.　Reproduction for the purpose of long-term public display in locales specified in this article.
4.　Reproduction of artistic works solely for the purpose of selling copies.

##### Article 59

The owner of a legal copy of a computer program may alter the program where necessary for utilization on a machine used by such owner, or may reproduce the program as necessary for backup; provided, this is limited to the owner's personal use.
If the owner referred to in the preceding paragraph loses ownership of the original copy for any reason other than the destruction or loss of the copy, all altered and backup copies shall be destroyed unless the economic rights holder grants its consent otherwise.

##### Article 62

Public speeches on politics or religion, and public statements made in legal proceedings or during proceedings of central or local government agencies, may be exploited by any person; provided, consent of the economic rights holder shall be obtained when compiling a compilation work that is dedicated to the speeches or statements of specified persons.

##### Article 64

A person who exploits the work of another person pursuant to the provisions of Articles 44 through 47, Articles 48bis through 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 through 63 shall provide a clear indication of the source of the work.
The "clear indication of the source" referred to in the preceding paragraph shall indicate the name or appellation of the author in a reasonable manner, except where the work is anonymous or the author is not known.

##### Article 66

The provisions of Articles 44 through 63 and Article 65 shall not affect the author's moral rights.

#### Subsection 5　Compulsory Licensing
##### Article 67

(deleted)

##### Article 68

(deleted)

##### Article 70

Copies of sound recordings which exploit musical works pursuant to the provisions of the preceding article shall not be sold outside of the territory under the jurisdiction of the Republic of China.

##### Article 72

(deleted)

##### Article 73

(deleted)

##### Article 74

(deleted)

##### Article 75

(deleted)

##### Article 76

(deleted)

##### Article 77

(deleted)

##### Article 78

(deleted)

## Chapter IV　　Plate Rights
### 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 IV-1

This Chapter was added as "Electronic Rights Management Information" in 2003 and renamed "Electronic Rights Management Information and Technological Protection Measures" in 2004.

### Article 80-2 (later added)
## Chapter V

This Chapter was named "Copyright Intermediary Organizations and Copyright Review and Mediation Committees" in 1998 and renamed "Copyright Collective Management Organizations and Copyright Review and Mediation Committees" in 2010.<ref>

### 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 VI　 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 87-1

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 88-1

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 89-1

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 90-2

The implementing regulations for the preceding article shall be prescribed by the competent authority in consultations with the Ministry of Finance.

### Article 90-3 (later added)
## Chapter VI-1

This Chapter was added as "Limitations on Liability for Internet Service Providers" in 2009.

### Article 90-12 (later added)
## Chapter VII　　 Penal Provisions
### Article 96

A fine of up to fifty thousand New Taiwan Dollars shall be imposed for violations of the provisions of the second paragraph of Article 59 or the provisions of Article 64.

### Article 97

(deleted)

### Article 103

Upon complaint or information of an infringement of a person's copyright or plate rights, judicial police officials or judicial police may seize the infringing articles in accordance with the act and refer the matter for investigation.

### Article 104

(deleted)

## Chapter VIII　　Supplementary Provisions
### Article 106-1

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 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 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 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 116

(deleted)

### Article 117 (later amended)
## Annotated by Wikibooks

* ↑ "Copyright Act". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2003-07-09. Retrieved 2016-11-23.
* ↑ "Copyright Act: Chapter". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2014-01-22. Retrieved 2016-11-24.