WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/C/1
25 June 2002
(02-3519)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Copyright Law, as last amended on
12 November 2001, as notified by the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu, under Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte
1 de la Loi sur le droit d'auteur, modifiée en dernier lieu
le 12 novembre 2001, qui a été notifiée par le Territoire douanier distinct de Taiwan, Penghu, Kinmen
et Matsu au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, modificado
por última vez el 12 de noviembre de 2001, notificado por el Territorio Aduanero Distinto de Taiwán,
Penghu, Kinmen y Matsu de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/C/1
Page 2
THE COPYRIGHT LAW
[Translation] 2
1. 40 Articles adopted and promulgated in full on 14 May 1928 by Order No. 212 of the National
Government.
2. 37 Articles amended and promulgated in full on 27 April 1944 by Order Yu-Wen-Tzu No. 251 of the
National Government.
3. Articles 30, 31, 32, 33, and 34 amended and promulgated by Presidential order on 13 January
1949.
4. Articles 30, 31, 32, 36, and 41 newly adopted by Presidential order on 10 July 1964; original
Articles 22-29 became Articles 23-30; original Articles 30-32 became Articles 33-35; original
Articles 33-36 became Articles 37-40; original Article37 became Article 42; and Articles 25, 26, 33,
35, 37-40 amended.
5. 52 Articles amended and promulgated in full on 10 July 1985 by Presidential Order No. (74) Hua-
Tzung-(1)-Yi-Tzu 3318.
6. Articles 50-51 newly adopted and promulgated and Articles 3, 28 and 39 amended and
promulgated on 24 January 1990 by Presidential  Order No. (79) Hua-Tzung-(1)-Yi-Tzu 0427.
7. 117 Articles amended and promulgated in full on 10 June 1992 by Presidential Order No. (81)
Hua-Tzung-(1)-Yi-Tzu 2805.
8. Article 53 amended and promulgated on 6 July 1992 by Presidential Order No. (81) Hua-Tzung-
(1)-Yi-Tzu 3285.
9. Article 87 amended and promulgated and Article 87-1 newly adopted and promulgated on 24 April
1993 by Presidential Order No. (82) Hua-Tzung-(1)-Yi-Tzu 1841.
10. 117 Articles amended and promulgated in full on 21 January 1988 by Presidential Order No. (87)
Hua-Tzung-(1)-Yi-Tzu 87000126405.
11. Articles 2, 34, 37, 71, 81, 82, and 90bis amended and promulgated on 12 November 2001 by
Presidential Order No. (90) Hua-Tzung-(1)-Yi-Tzu 9000219510.
                                                     
2  Translator's note: In this translation, the word "it" has been used as a substitute for "he/she." Unless
the context indicates otherwise, the singular may be read to include the plural and vice versa. Text withinbrackets "[]" is added to improve clarity and readability. This is not an "official translation" in that, should therebe any discrepancy between the original text and this Engl ish translation, the original Chinese text shall govern,
and in all instances of interpretation the Chinese original text should be consulted.IP/N/1/TPKM/C/1
Page 3
CHAPTER I
GENERAL PRINCIPLES
Article 1
This Law is specifically enacted for the purposes of  protecting the rights and interests of authors with
respect to their works, harmonizing society's common benefit, and promoting the development of
national culture. For matters not provided for by this Law the provisions of other laws shall apply.
Article 2
The "competent authority" under this Law is the Ministry of Economic Affairs.
The Ministry of Economic Affairs shall set up a specialized agency charged with handling matters
under the preceding paragraph.
Article 3
For purposes of this Law the following terms are defined as follows:
1. "Work" means a creation that is within a literary, scientific, artistic or other academic domain.
2. "Author" means a person who creates a work.
3. "Copyright" means the moral rights and economic rights subsisting upon the completion of a
work.
4. "The public" means unspecified persons or multiple specified persons. This does not apply to
multiple persons of a household and the household's normal social acquaintances.
5. "Reproduction" means to reproduce a tangible copy of a work by printing, reprography, sound
recording, video recording, photography, handwritten notes, or other means. This definition also
applies to the sound recording or video recording of scripts, musical works or works of similar nature
during their performance or broadcast; and also includes the construction of a building based onarchitectural plans or models.
6. "Public recitation" means to communicate the contents of a work to the public by spoken
words or other means.
7. "Public broadcast" means to communicate to the public the contents of a work through sounds
or images by wire, wireless, or other equipmen t, where such communication is for the purpose of
public reception of information. This includes any communication, by wire or wireless, to the public
of an original broadcast of sounds or images by any person other than the original broadcaster.
8. "Public presentation" means to use single or multiple unit audiovisual devices, or other
methods of transmitting images, to simultaneously communicate the contents of a work to the public
at the place of transmission or at a specified place outside the place of transmission.
9. "Public performance" means to communicate the contents of a work to the public at the scene
by acting, dancing, singing, playing a musical instrument, or other means. This includes any
communication to the public of an original broadcast of sounds or images through loudspeakers or
other equipment.IP/N/1/TPKM/C/1
Page 4
10. "Adaptation" means to create another work based upon a pre-existing work by translation,
musical arrangement, revision, filming or other means.
11. "Distribution" means, with or without compensation, to provide the original or a copy of a
work to the public for the purpose of trade or circulation.
12. "Publication" means the distribution of [a sufficient number of] copies [of a work] by the
rights owner to satisfy reasonable demands of the public.
13. "Public release" means to publicly issue the content of a work to the public, by the rights
owner [of a work], through publication, broadcast, presentation, recitation, performance, display, or
other means.
14.  "The original" means the object to which a work is first fixed."Place of transmission or at a specified place outside the place of transmission" as referred to in
subparagraph 8 of the preceding paragraph includes motion picture cinemas, clubs, places wherevideos or discs are presented, hotel rooms, public transportation vehicles, or other places that may be
accessed by unspecified persons.
Article 4
Works of foreign persons that comply with one of the following conditions may enjoy copyright
under this Law; provided, where the terms of a treaty or an agreement that has been approved by
resolution of the Legislative Yuan provid e otherwise, such terms shall govern:
1. Works that are first published in the territory under the jurisdiction of the Republic of China,
or are published in the territory under the jurisdiction of the Republic China within thirty days after
their first publication in the territory outside the jurisdiction of the Republic China. Provided, this
shall only apply to where the country of such foreign person protects the [copyrights of] the works of
persons of the Republic of China under identical circumstances, and such protection has been verified.
2. Where by treaty, agreement, or under the domestic law, regulation or practice of a foreign
country, works of persons of the Republic of China enjoy copyright in such country.
CHAPTER II
WORKS
Article 5
For purposes of this Law "works" are illustrated as follows:
1. Oral and literary works.
2. Musical works.3. Dramatic and choreographic works.
4. Artistic works.
5. Photographic works.
6. Pictorial works.
7. Audiovisual works.8. Sound recordings.
9. Architectural works.
10. Computer programs.IP/N/1/TPKM/C/1
Page 5
The examples and content of each category of works set forth in the preceding paragraph shall be set
by the competent authority.
Article 6
A creation adapted from one or more pre-existing works is a derivative work and shall be protected as
an independent work.
Protection of a derivative work shall not affect the copyright in the pre-existing work.
Article 7
A compilation work is a work formed by the creative selection and arrangement of materials, and
shall be protected as an independent work.
Protection of a compilation work shall not affect the copyright of the work from which the material
was selected and arranged.
Article 7bis
A performance by a performer of a pre-existing work shall be protected as an independent work.
Protection of a performance shall not affect the copyright in the pre-existing work.
Article 8
A joint work is a work that has been completed by two or more persons where the creation of each
person cannot be separately exploited.
Article 9
The following items shall not be the subject matter of copyright:
1. The constitution, laws, regulations or official documents.2. Translations or compilations by central or local government agencies of works referred to in
the preceding subparagraph.
3. Slogans and common symbols, terms, formul as, numerical charts, forms, notebooks and
almanacs.
4. Oral and literary works that are unadorne d communications of facts for news reports.
5. Questions from all kinds of examinations and their supplementary questions held pursuant to
laws or regulations.
The term "official documents" referred to in the first subparagraph of the preceding paragraph
includes proclamations, text of speeches, news releases and other documents prepared by civil
servants in the course of carrying out their duties.IP/N/1/TPKM/C/1
Page 6
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 Law
provides otherwise, such provisions shall govern.
Article 10bis
Protection for copyright that has been obtained in a ccordance with this Law shall only extend to the
expression of the work in question, and shall not extend to the work's underlying ideas, procedure,
production process, system, method of operation, concept, principle or discovery.
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, suchagreement shall govern.
Where in accordance with the provisions of the preceding paragraph the employee is the author of the
work, the economic rights to such work shall be enjoyed by the employer; provided, where an
agreement stipulates that the economic rights shall be enjoyed by the employee, such agreement shallgovern.
The term "employee" referred to in the prec eding two paragraphs includes civil servants.
Article 12
Where a work is completed by a person under commission, except in the circumstances set out in the
preceding article, such commissioned person is the author of the work; provided, where an agreement
stipulates that the commissioning person is the author, such agreement shall govern.
Where in accordance with the provisions of the preceding paragraph the commissioned person is the
author, the economic rights to such work shall be enjoyed by the commissioning person or thecommissioned person in accordance with an agreement to such effect. Where there is no agreement
regarding the enjoyment of economic rights, the economic rights shall be enjoyed by the
commissioned person.
Where the economic rights are enjoyed by the commissioned person pursuant to the provisions of the
preceding paragraph, the commissioning person may exploit the work.
Article 13
Where a person's name or a pseudonym familiar to the public is represented in a normal way as the
author on the original of a work, or on a published copy of the work, or in connection with a public
release of a work, the person shall be presumed to be the author of the work.IP/N/1/TPKM/C/1
Page 7
The provisions of the preceding paragraph shall apply mutatis mutandis to presumptions concerning
the date, place of publication and ownership of economic rights of a work.
Article 14
(deleted)
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 such person is the author, and where the juristic person employing such authorenjoys the economic rights to the work, pursuant to the provisions of article 11 or 12.
In the following circumstances the author shall be presumed to have consented to the public release of
the work:
1. In situations where, prior to publicly releasing its work, the author has transferred, or licensed
to exploit, the economic rights of a work, the work is publicly released as a consequence of the
exercise or exploitation of the economic rights.
2. In situations where, prior to the public release of an artistic work or a photographic work, the
author transfers the original or a copy of such work and the transferee publicly displays the original or
copy of the work.
3. Masters or doctoral theses written under the "Law Governing the Granting of Scholastic
Degrees" where the author has obtained a degree.
Where, in accordance with the provisions of paragraph 2 of article 11 or paragraph 2 of article 12, an
employer or a commissioning party, ab initio, obtained economic rights to a work that has never been
publicly released, and where such work is publicly released in conjunction with the transfer, exercise
or exploitation of the economic rights of such work, it will be deemed that the author consents to the
public release of the work.
The provisions of the preceding paragraph shall apply mutatis mutandis to paragraph 3 of article 12.
Article 16
The author of a work shall have the right to use its name, a pseudonym or to be anonymous on the
original or copies of the work, or when the work is  publicly released. The author has the same right to
a derivative work adapted from its work.
The proviso in the first paragraph of the preceding article shall apply mutatis mutandis to the
preceding paragraph.
The person exploiting a work may use its own cover design and may add the name or appellation of
the designer or editor-in-chief; provided this shall not apply where the author has specifically
indicated to the contrary, or where the addition would contravene social customary practices.
When, in accordance with the purpose and method of exploitation, there is no likelihood of harm to
the author's benefit and no violation of social customary practices, the author's name or appellation
may be omitted.IP/N/1/TPKM/C/1
Page 8
Article 17
The author has the right to prohibit others from distorting, splitting, mutilating or otherwise changing
the contents, form or name of the work which results in damage to the author's reputation.
Article 18
The protection of moral rights of an author who has died or been extinguished shall be deemed to be
the same as when the author was living or continuing in existence and shall not be infringed upon by
any person; provided, where according to the nature and degree of the acts of exploitation, social
changes, or other circumstances it can be considered that the author's intent has not been contravened,
the act shall not constitute an infringement.
Article 19
Moral rights in a joint work may not be exercised wi thout the consent of all the joint authors. A joint
author shall not refuse consent without a legitimate reason.
Authors of a joint work may select an author from among the joint authors to be their representative
for purposes of exercising moral rights.
Limitations imposed on the representative powers of the representative referred to in the preceding
paragraph can not be asserted against a third party acting in good faith.
Article 20
Except being the object of a sale or the principal having given its consent, the original of a work that
has not been publicly released and the economic rights thereof shall not be the object of compulsory
execution.
Article 21
Moral rights belong exclusively to the author and shall not be transferred or succeeded.
Section 4 Economic Rights
Sub-Section 1  Categories of Economic Rights
Article 22
Except as otherwise provided under this Law, authors have the exclusive right to reproduce their
works.
Authors of performances have the exclusive right to reproduce their performances by means of sound
recording, video recording or photography.
Article 23
Authors of oral and literary works have the exclusive right to publicly recite their works.IP/N/1/TPKM/C/1
Page 9
Article 24
Authors have the exclusive right to publicly broadcast their works; provided, this shall not apply to
public broadcasts of a performance after such performance has been reproduced or publicly broadcast.
Article 25
Authors of audiovisual works have the exclusive right to publicly present their works.
Article 26
Except as otherwise provided by this Law, authors of oral and literary, musical, and
dramatic/choreographic works have the exclusive right to publicly perform their works.
Authors of performances have the exclusive right, by means of loudspeakers or other equipment, to
publicly perform their performances; provided, this shall not apply to public performances by means
of loudspeakers or other equipment after the performance has been reproduced or publicly broadcast.
Article 27
Authors of unpublished artistic or photographic works have the exclusive right to publicly display the
original and copies of their works.
Article 28
Authors of works have the exclusive right to adapt their works into derivative works or to compile
their works into compilation works; provided , this shall not apply to performances.
Article 29
Authors of works have the exclusive right to lease their works; provided, this shall not apply to
performances.
Article 29bis
An employer or commissioner that has obtained the economic rights in a work in accordance with the
provisions of paragraph 2 of article 11 or paragraph 2 of article 12 shall have the exclusive rights as
set out in the provisions of articles 22 through 29.
Sub-Section 2   Term of Protection for Economic Rights
Article 30
Except as otherwise provided in this Law, economic righ ts endure for a term consisting   of the life of
the author and fifty years after the author's death.
Where a work is first publicly released between the fortieth and fiftieth year after the author's death,
the economic rights shall endure for a term of ten years beginning from the time of the first public
release.
Article 31
Economic rights in a joint work subsist for fifty years after the death of the last surviving author.IP/N/1/TPKM/C/1
Page 10
Article 32
In the case of a pseudonym work or an anonymous work, the economic rights endure for a term of
fifty years from the time of public release; provided, the economic rights shall be extinguished whereit can be proven that the author has deceased for over fifty years.
The provisions of the preceding paragraph shall not apply when the pseudonym of the author is well
known to the public.
Article 33
Economic rights for works authored by a juristic person endure for fifty years after the public release
of the work; provided, if the work is not publicly released within fifty years from the date of
completing the creation, the economic rights shall subsist for fifty years after completion of the
creation.
Article 34
Economic rights for photographic works, audiovisual works, sound recordings, and performances
endure for fifty years after the public release of the work.
The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.
Article 35
All terms of duration specified in articles 30 through 34 terminate as of the last day of the last year of
the term.
For works that are released to the public continuously or successively, the calculation of the term of
economic rights is based upon the date of the public release of the work, if each public release could
constitute an independent work, the term of economic rights of each work shall be calculated from the
date of each public release; if each public release could not constitute an independent work, the term
shall be calculated from the date when the public release could independently constitute work.
In circumstances described in the preceding paragraph, if the continuing part has not been publicly
released within three years of the date of public release of its preceding part, the term of the economic
rights shall be calculated from the date of public release of its preceding part.
Sub-Section 3    Transfer, Exercise and,  Extinguishment of Economic Rights
Article 36
Economic rights may be transferred in whole or in part to another person and may be jointly owned
with other persons.
The transferee of economic rights obtains economic rights within the scope of the transfer.The scope of the transfer of the economic rights shall be in accordance with the parties' agreement;
portion of which the parties' agreement is unclear shall be presumed to have not been transferred.IP/N/1/TPKM/C/1
Page 11
Article 37
The economic rights owner may license others to exploit the work. The territory, term, contents,
method of exploitation and other matters of the license shall be in accordance with the parties'
agreement; any portion of the parties' agreement that is unclear shall be presumed to have not beenlicensed.
The license referred to in the preceding paragraph, after being drawn up by a notary in the form of a
notarial deed, shall not be affected by subsequent assignment of economic rights or further licensing
by the economic rights owner.
A non-exclusive licensee may not sub-license the rights inherent in the license to any third party for
exploitation without the consent of the economic rights owner.
An exclusive licensee may, within the scope of the license, exercise rights in the capacity of the
economic rights owner. The economic rights owner may not exercise rights within the scope of said
exclusive license.
The provisions of paragraphs 2-4 shall not apply to  any license conferred prior to the enforcement of
the amendment to this Law.
The provisions of Chapter VII shall not apply where musical works are licensed for reproduction on
computer karaoke machines and where an exploiter uses such a karaoke machine to publicly perform
the works; provided, this shall not apply in the case of musical works managed by copyright
intermediary organizations.
Article 38
(deleted)
Article 39
Where the economic rights are the object of a pledge, unless otherwise agreed to at the time of
establishing the pledge, the economic rights owner may exercise the economic rights to the work.
Article 40
The share of economic rights of each of the authors in joint works shall be determined in accordance
with an agreement among the joint authors; if ther e is no agreement, the shares shall be determined
according to the degree of each author's creative contribution. Where the degree of each author'screative contribution is not clear, it shall be presumed that each author should enjoy an equal share.
Where an author of a joint work abandons its share of economic rights of the work, that share shall be
apportioned among the other joint authors in proportion to their respective shares.
The provisions of the preceding paragraph shall apply mutatis mutandis where the author of a joint
work dies with no successor or where there is no receiver following extinguishment.
Article 40bis
Joint economic rights in a work shall not be exercised except with the consent of all the joint
economic rights holders; no economic rights owner shall transfer its share to another person or
establish a pledge of its share on behalf of a third party, without the consent of all other jointIP/N/1/TPKM/C/1
Page 12
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 suchrepresentative may not be asserted against a third party acting in good faith.
The second and third paragraphs of the preceding article shall apply mutatis mutandis to joint
ownership of economic rights.
Article 41
Where an economic rights owner makes a submission to a newspaper or magazine, or licenses the
public broadcast of the work, it shall be presumed, unless otherwise agreed, that the economic rights
holder has licensed one printing or one public broadcast only, and shall have no effect on the other
rights of the economic rights owner.
Article 42
Economic rights are extinguished upon expiration of the term of protection. Economic rights are also
extinguished where any of the following circum stances occurs during the term of protection:
1. The economic rights have reverted to the national treasury in accordance with law upon the
death of the economic rights holder.
2. Where the economic rights owner is a juristic person, the economic rights should divest to the
local autonomous organization in accordance with law following the juristic person's extinguishment.
Article 43
Except as otherwise provided by this Law any person may freely exploit a work for which the
economic rights have been extinguished.
Sub-Section 4   Limitations on Economic Rights
Article 44
Within a reasonable scope, central or local government agencies may reproduce the works of another
person, if it is considered necessary for internal reference for the purpose of legislation oradministration, provided, this shall not apply where, in consideration of the type and use of the work
and the volume and method of reproduction, the interests of the economic rights owner would be
injured.
Article 45
Within a reasonable scope, and for the sole purpose of the use necessary to judicial proceedings, the
works of another person may be reproduced.
The provisions of the proviso of the preceding article shall apply mutatis mutandis to the
circumstances set forth in the preceding paragraph.IP/N/1/TPKM/C/1
Page 13
Article 46
Within a reasonable scope, and where necessary for purposes of teaching in schools, all levels of
legally established schools and their teachers may reproduce the works of another person which have
already been publicly released.
The provisions of the proviso of article 44 shall ap ply mutatis mutandis to the circumstances set forth
in the preceding paragraph.
Article 47
Within a reasonable scope and for the purpose of editing textbooks used for teaching and which are
required by laws or regulations to be reviewed and approved by education administrative agencies, or
to be edited by the educational administrative agency itself, the works of another person that have
been publicly released may be reproduced, adapted or compiled.
The provisions of the preceding paragraph shall apply mutatis mutandis to the editing of
supplementary aids which are ancillary to the aforesaid textbooks and which are exclusively provided
to teachers for teaching purposes; provided, this shall be limited to editing by the editor of such
textbooks.
Within a reasonable scope and for the purposes of education necessarily, all levels of legally
established schools or educational institutions may publicly broadcast the works of another person
that have been publicly released.
In the circumstances set forth in the preceding three paragraphs the exploiter of the work shall notify
the economic rights holder and pay compensation for use. The rate of the compensation shall be set bythe competent authority.
Article 48
Libraries, museums, history museums, science muse ums, art museums or other cultural institutions
provided for the public access may reproduce works in their collections in any of the following
circumstances:
1. At the request of a patron for personal research purposes, and limited to one copy per person,
a part of a work that has been publicly released, or a single article from a seminar paper or a single
article from a periodical that has been publicly released.
2. Where necessary to preserve materials.
3. At the request of another similar institute, works which are out of print or difficult to
purchase.
Article 48bis
Central or local government agencies, educational agencies that have been established by law or
libraries open to the public may reproduce abstra cts appended to the following works where such
works have been publicly released:
1. Masters or doctoral theses written under the "Law Governing the Granting of Scholastic
Degrees" where the author has obtained a degree.IP/N/1/TPKM/C/1
Page 14
2. Academic articles and papers published in periodicals.
3. Collection of seminar papers or research reports that have been publicly released.
Article 49
When reporting current events by means of broadcasting, photography, film, newspaper or otherwise,
works that are seen or heard in the course of the report may be exploited within the scope necessary to
the report.
Article 50
Works publicly released in the name of a central or local government agency or a public juristic
person may, within a reasonable scope, be reproduced or publicly broadcast.
Article 51
Within a reasonable scope, where for the nonprofit use for individual or family, a work that has been
publicly released may be reproduced by machine either located in a library or provided not for public
use.
Article 52
Within a reasonable scope, works that have been publicly released may be quoted where necessary for
reports, comment, teaching, research or other legitimate purposes.
Article 53
Works that have been publicly released may be reproduced in Braille for the blind.
For the purpose of promoting the welfare of the blind, institutions or organizations approved by
government agencies may, by means of sound record ings, computers or otherwise, and for exclusive
use by the blind, exploit works that have been publicly released.
Article 54
Works that have been publicly released may be reproduced for use in examination questions on all
kinds of examinations held by central or local government agencies and all levels of schools or
educational institutions established in accordance with law; provided, this shall not apply to works
that have been publicly released as examination questions.
Article 55
The work of another person that has been publicly released may be publicly recited, publicly
broadcast, publicly presented, or publicly performed in the course of an activity of non-profit nature,in which no fee is directly or indirectly collected from the viewers or listeners, and no compensation
is given to the performers.
Article 56
For the purposes of broadcasting, a radio or television broadcasting organization may, with its own
equipment, sound record or video record the work; provided, this shall be limited to [situations where]
the broadcasting has been licensed by the ec onomic rights owner, or [situations] otherwise
comporting with the provisions of this Law.IP/N/1/TPKM/C/1
Page 15
Except where custody of the recording referred to in the preceding paragraph has been approved for a
designated place by the competent authority, such sound or video recordings shall be destroyed within
one year from the time of recording.
Article 56bis
For the purposes of enhancing receiving effect, a community antenna may simultaneously rebroadcast
works broadcast by wireless television stations that have been established in accordance with law; the
form and contents of such broadcasts shall not be changed [in the course of the rebroadcast].
Cable television system operators may provide basic channels and simultaneously rebroadcast works
broadcast by wireless television stations that have been established in accordance with law; the form
and content of such broadcasts shall not be changed [in the course of the rebroadcast].
Article 57
The owner of the original legal copy of an artistic work or photographic work, or a person authorized
by the owner, may publicly display the original or a legal copy of the work.
The public displayer referred to in the preceding paragraph may reproduce the work in a descriptive
writing in order to provide viewers with an explanation or introduction.
Article 58
Artistic works or architectural works on outdoor long term displays on the streets, in parks, on outside
walls of buildings, or other outdoor locales open to the public, may be exploited by any means exceptas specified in the following circumstances:
1. Reproduction of a building by construction of another building.2. Reproduction of a work of sc ulpture by another sculpture.
3. Reproduction for the purpose of long term public display in locales specified in this article.4. Reproduction of artistic works solely for the purpose of selling copies.
Article 59
The owner of a legal copy of a computer program may alter the program where necessary for
utilization in a machine used by such owner, or may reproduce the program as necessary for a backup;
provided, this is limited to the owner's personal use.
If the owner referred to in the preceding paragraph loses ownership of the original copy for any reason
other than the destruction or loss of the copy, all altered and backup copies shall be destroyed unless
the economic rights holder otherwise consents.
Article 60
The owner of a legal copy of a work may rent such copy; provided, this shall not apply to copies of
sound recordings and computer programs.IP/N/1/TPKM/C/1
Page 16
The proviso of the preceding paragraph shall not apply to copies of computer programs incorporated
in products, machinery or equipment to be legally rented, and where such computer programs do not
constitute the essential object of such rental.
Article 61
Commentary on questions of political, economic, or social current events that have appeared in a
newspaper or magazine may be republished by other newspapers or magazines, or be publicly
broadcast by radio or television; provided, this shall not apply where there is clear indication that
republishing or broadcasting is not authorized.
Article 62
Public speeches on politics or religion and public statements in legal proceedings and central or local
government agencies may be exploited by any person; provided, consent of the economic rights
holder shall be obtained when compiling a compilation work that is dedicated to the speeches or
statements of specified persons.
Article 63
Persons that may exploit the work of another person in accordance with the provisions of article 44,
article 45, subparagraph one of article 48, articles 48bis through 50, articles 52 through 55, article 61and article 62 may translate the work.
Persons that may exploit the work of another person in accordance with the provisions of articles 46
and 51 may adapt such work.
Article 64
A person who exploits the work of another person pursuant to the provisions of articles 44 through 47,
articles 48bis through 50, article 52, article 53, article 55, article 57, article 58, and articles 60 through
63 shall clearly indicate the source of the work.
With regard to clear indications of the source referred to in the preceding paragraph, except where the
work is anonymous or the author is not known, the name or appellation of the author shall be
indicated in a reasonable manner.
Article 65
Fair use of a work shall not constitute infringement on the economic rights of the work.
In determining whether the exploitation of a work complies with the provisions of articles 44 through
63, or other conditions of fair use, all circumstances shall be taken into account, in particular the
following facts shall be noted as the criteria for determination:
1. The purposes and nature of the exploitation, including whether such exploitation is of a
commercial nature or is for nonprofit educational purposes.
2. The nature of the work.3. The amount and substantiality of the portion exploited in relation to the work as a whole.4. Effect of the exploitation on the work's current and potential market value.IP/N/1/TPKM/C/1
Page 17
Article 66
The provisions of articles 44 through 63 and article 65 shall not affect the author's moral rights.
Sub-Section 5  Compulsory Licensing
Article 67
(deleted)
Article 68
(deleted)
Article 69
Where a sound recording of a musical work recorded for purposes of selling has been published for
six months, a person who wishes to exploit the af orementioned musical work to record and produce
other sound recordings for sale may apply to the competent authority for a compulsory license, and
after paying compensation, may exploit such musical work and record and produce other sound
recordings.
Regulations governing the procedures and compensation payment of the compulsory license as
provided for in the preceding paragraph sha ll be prescribed by the competent authority.
Article 70
Copies of sound recordings which exploit musical works pursuant to the provisions of the preceding
article shall not be sold outside of the territory under the jurisdiction of the Republic of China.
Article 71
The specialized agency charged with handling copyright matters shall revoke the approval for a
compulsory license obtained in accordance with the provisions of article 69 if the application is found
to contain misrepresentations.
The specialized agency shall revoke the approval for a compulsory license obtained in accordance
with the provisions of article 69 if the work is not exploited in the manner approved by the specialized
agency.
Article 72
(deleted)
Article 73
(deleted)
Article 74
(deleted)
Article 75
(deleted)
Article 76
(deleted)IP/N/1/TPKM/C/1
Page 18
Article 77
(deleted)
Article 78
(deleted)
CHAPTER IV
PLATE RIGHTS
Article 79
For a literary and artistic work that has no economic rights or for which the economic rights have
expired, a plate maker who arranges and prints the said literary work, or in the case of an artistic
work, a plate maker who photocopies, prints or uses a similar method of reproduction and first
publishes such reproduction based on such original artistic work, and duly registers in accordance
with this Law, shall have the exclusive right to photocopy, print or use similar methods ofreproduction based on the plate.
The rights of the plate maker shall subsist for ten years from the time the plate is completed.The last day of the term of protection referred to in the preceding paragraph shall be the last day of the
last year of such term.
The regulations of registration as provided for in paragraph 1 of this article shall be prescribed by the
competent authority.
Article 80
The provisions of article 42 and article 43 concerning the extinguishment of the economic right,
articles 44 through 48, article 49, article 51, article 52, article 54, article 64 and article 65 concerning
limitations on the economic right shall apply mutatis mutandis to plate rights.
CHAPTER V
COPYRIGHT INTERMEDIARY ORGANIZATIONS AND COPYRIGHT REVIEW AND
MEDIATION COMMITTEES
Article 81
Economic rights holders may, with the approval of the specialized agency charged with handling
copyright matters, establish copyright intermediary organizations for the purposes of exercising rights
or for collecting and distributing compensation for use.
Exclusive licensees may also join copyright intermediary organizations.The approval for establishment and the organization and capacities of the organizations referred to in
paragraph 1, as well as the supervision and guidance thereof, shall be otherwise provided for by law.IP/N/1/TPKM/C/1
Page 19
Article 82
The specialized agency charged with handling copyright matters shall establish a Copyright
Examination and Mediation Committee to handle the following matters:
1. Examination of the rate of the compensation for use under the provisions of paragraph 4 of
article 47.
2. Mediation of disputes between copyright intermediary organizations and users concerning the
compensation for use.
3. Mediation of disputes concerning copyright or plate rights.4. Other consultation in connection with  copyright examination and mediation.
Dispute mediation referred to in subparagraph 3 of the preceding paragraph, when involving criminal
matters, shall be limited to cases actionable only upon complaint.
Article 83
The organic charter for the Copyright Examination and Mediation Committee referred to in the
preceding article, and the regulations concerning di spute 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 copyrights owner or the plate rights owner may request the removal of infringement of its rights;
where there is a likelihood of infringement, a request may be made for prevention.
Article 85
A person who infringes on the moral rights of an author shall be liable to compensate for injury
incurred. The injured party may request a commensurate amount of compensation for non-pecuniary
damage.
In infringement matters referred to in the pre ceding paragraph the injured party may request the
disclosure of the author's name or appellation, correction of contents or other appropriate measuresnecessary for the restoration of its reputation.
Article 86
After the death of the author, unless otherwise specif ied 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. Children3. Parents
4. Grandchildren
5. Brothers and sisters
6. GrandparentsIP/N/1/TPKM/C/1
Page 20
Article 87
In any of the following circumstances, except as otherwise provided under this Law, infringement of
copyright or plate rights will be deemed to have occurred:
1. To exploit a work by means of infringing on the reputation of the author.2. Distribute, or display or possess with the intent to distribute, or deliver with the intent to profit,
infringing articles that are known to infringe on copyright or plate rights.
3. To import any copies produced without the authorization of the economic rights holder or the plate
rights holder.
4. To import the original or any copies of a work without the authorization of the economic rights
owner.
5. For direct profit, to make use of a copy of a co mputer program with the knowledge that it infringes
on the economic rights of such computer program.
Article 87bis
The provisions of subparagraph 4 of the preceding article do not apply to any of the following
circumstances:
1. To import the original or copies of a work for the use of central or local government agencies;
provided, this does not apply to importation for use in schools or other educational institutions, orimportation of any audiovisual work for purposes other than archival use.
2. To import the original or a specified number of copies of any audiovisual works in order to supply
such works to nonprofit scholarly, educational or religious organizations for archival purposes, and to
import an original or specified number of copies of works other than audiovisual works for library
lending or archival purposes where the use of such copies conforms with the provisions of Article 48.
3. To import the original or a specified number of copies of a work, where such copy is for the
private use of the importer, not for distribution, or where the import is by a person arriving from
outside the territory, the copy forms a part of such person's personal baggage.
4. To import the original or copies of a work incorporated into any legally imported goods,
machinery, or equipment; such original or copies of the work cannot be reproduced during the use or
operation of the goods, machinery or equipment.
5. To import an instructional or operational manual accompanying any legally imported goods,
machinery, or equipment; provided, this does not apply where the instructional or operational manualare the principal objects of the importation.
The "specified number" set forth in subparagraphs 2 and 3 of the proceeding paragraph shall
be prescribed by the competent authority.IP/N/1/TPKM/C/1
Page 21
Article 88
A person who intentionally or negligently unlawfu lly infringes on another persons economic rights or
plate rights shall be liable to compensate for the damages. Where more than one person engages in
unlawful infringement, they are jointly liable for the damages.
With regard to the compensation referred to in the preceding paragraph, the injured party may select
one of the following when making a claim:
1. To make a claim in accordance with the provisions of article 216 of the Civil Code; provided,
when the injured party is unable to prove its losses, it may base the damages on the difference
between the amount of expected benefit derived from exercising such rights under normalcircumstances and from exercising the same rights after the infringement.
2. To claim the amount of benefit obtained by the infringer on account of the infringing activity;
provided, where the infringer is unable to prove its costs or necessary expenses, the total amount of
income derived from the infringement shall be deemed to be its benefit.
If it is difficult for the injured party to prove its actu al losses in accordance with the provisions of the
preceding paragraph, it may request the court, based on the seriousness of the matter, to determine the
compensation at an amount between ten thousand a nd five hundred thousand New Taiwan Dollars; if
the damaging activity was intentional and the matt er serious, the compensation may be increased to
one million New Taiwan Dollars.
Article 88bis
Where a claim is made pursuant to Article 84 or paragraph 1 of the preceding Article, the injured
party may request the destruction or other necessary disposition of goods made by means of the
infringing act or articles, the predominant uses of which are for the commission of infringing acts.
Article 89
The injured party may request that the infringer bear the costs of printing all or part of the court
judgment in a newspaper or magazine.
Article 89bis
The right to request compensation for infringeme nt as specified in articles 85 and 88 shall be
extinguished if not exercised within two years from  the time the person having the right to make the
request knows of the loss and the [identity of] the obligor, or within ten years from the time of the
infringement occurred.
Article 90
Each copyright owner of a joint work may separately request remedies for infringement based upon
the provisions of this chapter, and may also request compensation for damages based on its share of
the rights infringed.
The provision of the preceding paragraph shall apply mutatis mutandis to joint economic rights
owners and plate rights owners that arise from the establishment of other relations.IP/N/1/TPKM/C/1
Page 22
Article 90bis
With regard to the import or export of goods that infringe on copyright or plate rights, the copyrights
owner or the plate rights owner may apply to the customs authorities to suspend the release of the
goods.
The application referred to in the preceding paragraph shall be filed in writing, stating the facts of the
infringement, and with a bond in an amount equivalent to the customs authorities-assessed landed cost
of imported goods or the F.O.B. price of exported goods to serve as a security for the party whose
goods are subject to the suspension of release.
Customs shall immediately inform the applicant wh en processing an application to suspend the
release of goods. Where Customs determines that the conditions in the preceding paragraph have been
met and suspends the release of goods, it shall give written notification to the applicant and to the
party whose goods are suspended from release.
The applicant or the party whose goods are suspended of release may apply to the customs authorities
for inspection of the detained goods.
Detained goods shall be confiscated by the customs authorities where the applicant has obtained a
final and non-appealable civil judgment that determined the goods infringe on copyright or plate
rights. The owners of the detained goods shall be held liable for all expenses incurred as a result of the
delay of containers, storage, loading and unloading, destruction of the goods and other related
expenses.
If the expenses incurred as a result of the destruction of the goods referred to in the preceding
paragraph are not paid within the period prescribed by customs authorities, the case may be referred tothe court for compulsory execution.
In any of the following circumstances, a suspension of release order shall be voided by the customs
authorities and the detained goods shall be processed in accordance with applicable import and export
regulations; in addition, the applicant shall compensate the party whose goods were detained for
damage incurred on account of the suspension of release:
1. The goods, the release of which was suspended, have been determined to be non-infringing of
copyright or plate rights by a final a nd non-appealable judgment of the court.
2. Within twelve days of the date on which the applicant is informed of the suspension of
release, the customs authorities have not received notification that litigation proceedings with regardto infringement by the detained goods has been initiated.
3. The applicant applies for voidance of suspension of release.The period referred to in subparagraph 2 of the preceding paragraph may be extended by another
twelve days, if customs authorities deem necessary.
Customs authorities shall return the security bond in  accordance with an applicant's request in any of
the following circumstances:
1. There is no need to continue posting the bond either because the applicant has obtained a
favorable final and non-appealable judgment or because the applicant has reached a settlement with
the party whose goods were detained.IP/N/1/TPKM/C/1
Page 23
2. After the suspension of release is revoked, the applicant proves that more than twenty days
have elapsed since the applicant notified the party whose goods are subject to the suspension of
release to exercise its rights and such party has failed to exercise its rights.
3. The party whose goods were detained agrees to the return.With regard to the bond referred to in the second paragraph of this article, the party whose goods are
subject to the suspension of release has the same rights as a pledgee.
Article 90ter
The implementing regulations for the preceding articl e shall be prescribed by the competent authority
in consultations with the Ministry of Finance.
CHAPTER VII
PENAL PROVISIONS
Article 91
A person who infringes without authorization on the economic rights of another person by means of
reproducing the work shall be imprisoned not less than six months and not more than three years, and
in addition thereto, may be fined up to two hundred thousand New Taiwan Dollars.
A person who infringes without authorization on the economic rights of another person by means of
reproducing the work with the intent to sell or rent  shall be imprisoned not less than six months and
not more than five years, and in addition thereto, may be fined up to three hundred thousand New
Taiwan Dollars.
Article 92
A person who infringes without authorization on the economic rights of another person by means of
public recitation, public broadcast, public presentation, public performance, public display,
adaptation, compilation, or leasing, shall be impris oned not more than three years, and in addition
thereto, may be fined up to one hundred and fifty thousand New Taiwan Dollars.
Article 93
In any of the following circumstances, a sentence  of up to two years imprisonment shall be imposed,
and in addition thereto, a fine may be imposed of up to one hundred thousand New Taiwan Dollars:
1. Infringement of the author's moral rights as set forth in the provisions of articles 15
through 17.
2. Violation of the provisions of article 70.3.Infringement of another person's copyright by any of the means specified in the subparagraphs of
article 87.
Article 94
A person who commits a crime specified in article 91, article 92 or article 93 as a vocation shall be
imprisoned between one year and seven years, and in addition thereto, fined not more than four
hundred and fifty thousand New Taiwan Dollars.IP/N/1/TPKM/C/1
Page 24
Article 95
In any of the following circumstances a sentence of up to one year’s imprisonment may be imposed,
and in addition thereto, a fine may be imposed of up to fifty thousand New Taiwan Dollars:
1. Violation of the provisions of article 18.2. Infringement on the plates right under the provisions of article 79.3. Infringement on the plate rights of another person by means specified in any of the
subparagraphs of article 87.
4. Violation of the provisions of article 112.
Article 96
A fine of up to fifty thousand New Taiwan Dollars shall be imposed for violations of the provisions of
the second paragraph of article 59 or the provisions of article 64.
Article 97
(deleted)
Article 98
(deleted)
Article 99
Upon application of the injured party or another party having the right to file a complaint, the
infringer of articles 91 through 95 may be ordered to print all or part of the court judgment in a
newspaper and bear the costs thereof.
Article 100
Prosecution for offenses specified in this chapter shall be instituted only upon complaint; provided,
this shall not apply to offenses specified in article 94 and subparagraph 1 of article 95.
Article 101
Where the representative of a juristic person, or the agent, employee or other servant of a juristic or
natural person, commits any of the offenses specified in articles 91 through 96 in the performance of
its duties, in addition to punishing the infringer in accordance with the aforesaid articles, such juristic
or natural person shall also be fined in accordance with said articles.
In circumstances specified in the preceding paragraph, where a complaint is filed or withdrawn
against either the infringer or the juristic or natural person, the effect of such filing or withdrawal shall
apply to the others.
Article 102
An unrecognized foreign juristic person may file a complaint or bring a private prosecution against
the offenses specified in articles 91 through 96.IP/N/1/TPKM/C/1
Page 25
Article 103
Upon complaint or information of an infringement of a person's copyright or plate rights, judicial
police officials or judicial police may seize the infringing articles in accordance with the law and refer
the matter to the prosecutor.
Article 104
(deleted)
CHAPTER VIII
SUPPLEMENTARY PROVISIONS
Article 105
Persons who apply under this Law for a compulsory license, registration of plate rights, dispute
mediation, inspection of the register of plate rights or issuance of a transcript thereof, shall pay a filing
fee.
The amount of the fee referred to in the precedin g paragraph shall be prescribed by the competent
authority.
Article 106
Except as otherwise provided for in this chapter, this Law shall apply to works that were completed
prior to the implementation date of the June 10, 1992 amendment to this Law3 where such works
comply with any one of the provisions of articles 106 through 109 of the law4 in effect prior to the
implementation of the amendment.
This Law shall apply to works that were completed after the implementation date of the June 10, 1992
Copyright Law amendment.
Article 106bis
Except as otherwise provided under in this chapter, this Law shall apply to works that were completed
prior to the date on which the World Trade Organization Agreement takes effect in the territory under
the jurisdiction of the Republic of China where such works did not enjoy copyright under the
provisions of the respective versions of this law but where the term of protection for economic rights
has not expired in accordance with this Law; provided, this shall not apply to works of foreign
nationals for which the term of protection has expired in their country of origin.
The term "country of origin" as used in the proviso of the preceding paragraph shall have the meaning
ascribed to the term in article 5 of the Berne Convention for the Protection of Literary and Artistic
Works (Paris Act 1971).
                                                     
3Translator’s note. The June 10, 1992 Copyright Law amendment was implemented ()by its
terms (Article 117) on the date of promulgation (). The amended law was promulgated on June 10, 1992.
Pursuant to Article 13 of the Law Governing Central Laws and Regulations, laws which are to be implementedas of the date of promulgation become effective () on the third day following the promulgation date. Thus,the effective date of the June 10, 1992 Copyright Law amendment was June 12, 1992.
4Translator's note. For purposes of the translation of this Chapter VIII, the word "law" is
written in lower case when the term refers to the Copyright Law prior to the June 10, 1992 amendment.IP/N/1/TPKM/C/1
Page 26
Article 106ter
Except as otherwise provided for in this chapter, a person who, prior to the date on which the World
Trade Organization Agreement takes effect in the territory under the jurisdiction of the Republic of
China, has begun the exploitation, or has made significant investment for the exploitation, of worksprotected pursuant to the provisions of the preced ing article, may continue to exploit such works
during the two-year period which commences on the aforementioned effective date of the Agreement;
the provisions of Chapter VI and Chapter VII of this Law shall not apply.
Article 106quater
Exploitation of a derivative work may continue after the date on which the World Trade Organization
Agreement takes effect in the territory under the jurisdiction of the Republic of China, where the
preexisting work upon which such derivative work is derived is a work under article 106bis, where the
completion of the derivative work occurs prior to the aforementioned effective date, and where such
derivative work was protected under respective versions of this law; the provisions of Chapter VI and
Chapter VII of this Law shall not apply.
Upon the expiration of the two-year period follow ing the aforementioned effective date, the person
exploiting the derivative work shall pay to the economic rights owner of the underlying work a use
compensation that is equivalent to a freely negotiated amount appropriate to such work.
The provisions in the preceding two paragraphs shal l not affect the protection of the derivative work.
Article 107
(deleted)
Article 108
(deleted)
Article 109
(deleted)
Article 110
The provisions of article 13 shall not apply to works completed and registered prior to the
implementation date of the June 10, 1992 Copyright Law.
Article 111
The provisions of article 11 and article 12 shall not apply in the following situations:
1. The copyright is obtained pursuant to the provisions of articles 10 or 11 of the law prior to the
implementation date of the June 10, 1992 Copyright Law.
2. The copyright is obtained pursuant to articles 11 or 12 of the law prior to the implementation of this
Law.
Article 112
With regard to works of foreign persons that are protected pursuant to the law [which was in effect]
prior to the implementation date of the June 10, 1992 Copyright Law, translations that were based on
such works before the implementation of the June  10, 1992 Copyright Law, after the implementationIP/N/1/TPKM/C/1
Page 27
of the June 10, 1992 Copyright Law shall no longer be reproduced without the consent of the
copyright holder of such works;5 provided, this shall not apply to exploitation in conformity with
article 44 through article 65 [of this Law].
Copies of translations of works referred to in the preceding paragraph shall no longer be sold after the
expiration of the two-year period following the implementation date of the June 10, 1992 Copyright
Law.
Article 113
This Law shall apply to plate rights that were ob tained prior to the implementation of to this Law.
Article 114
(deleted)
Article 115
Agreements to protect copyright signed by organizati ons and agencies of this country and of a foreign
country, such agreements having been approved by the Executive Yuan, shall be deemed
"agreements" as that term is used in article 4.
Article 115bis
The register of copyright or plate rights registered prior to the implementation of this Law may be
made available by the competent authority to the public for inspection.
Article 115ter
For the purpose of handling copyright litigation, courts may establish a specialized court or appoint
specialized judges.
The courts shall deliver to the competent authority a copy of decisions in copyright litigation cases.
Article 116
(deleted)
Article 117
This Law shall take effect from the date of promulgation. Provided, the provisions of articles 106bis
through 106quater shall take effect from th e date upon which the World Trade Organization
Agreement takes effect in the territory under the jurisdiction of the Republic of China.
__________
                                                     
5Prior to June 12, 1992 (the effective date of the June 10, 1992 Copyright Law), works by
foreign nationals did not enjoy translation rights in principle. Therefore, even if an original work by a foreignnational was protected, translations of such work could be (and were) freely and legally exploited prior to June12, 1992. This article 112 applies to those works that were created prior to June 12, 1992 but that, pursuant tothe Copyright Law that took effect on that date, b ecame protected with respect to translation rights.