Copyright Act
COPYRIGHT ACT
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-Zih 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-Zong-(1)-Yi-Zih 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-Zong-(1)-Yi-Zih 0427.
7.117 Articles amended and promulgated in full on 10 June 1992 by
Presidential Order No. (81) Hua-Zong-(1)-Yi-Zih 2805.
8.Article  53  amended  and  promulgated  on  6  July  1992  by
Presidential Order No. (81) Hua-Zong-(1)-Yi-Zih 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-Zong-(1)-Yi-Zih 1841.
10.117 Articles amended and promulgated in full on 21 January 1988
by  Presidential  Order  No.  (87)  Hua-Zong-(1)-Yi-Zih
87000126405.
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11.Articles 2, 34, 37, 71, 81, 82, and 90-1 amended and promulgated
on 12 November 2001 by Presidential Order No. (81) Hua-Zong-
(1)-Yi-Zih 2805.
12.Articles 26bis, 28bis, 59bis, Chapter IVbis (chapter name), 80bis,
82bis  to  82quinquies,  90quater,  91bis,  96bis,  96ter,  and  98bis
newly adopted and promulgated, and Articles 2, 3, 7bis, 22, 24,
26, 29, 37, 49, 50, 53, 56, 56bis, 60, 61, 63, 65, 69, 79, 82, 87, 88,
91 to 95, 98, 100 to 102, 105, 106, 106ter, 106quater, 111, 113,
115bis, 115ter, and 117 amended and promulgated, on 9 July 2003
by  Presidential  Order  No.  (92)  Hua-Zong-(1)-Yi-Zih
09200122700.
13.Article 80-2 of the Copyright Act newly adopted and promulgated
and Articles 3, 22, 26, title of Chapter 4-1, Articles 82, 87, 90-1,
90-3, 91, 91-1, 92, 93, and 96-1 thereof amended and promulgated
on 1 September 2004 by Presidential Order No. (93) Hua-Zong-
(1)-Yi-Zih 09300158591.
14.Article  94 of the  Copyright  Act  deleted  and  promulgated  and
Articles  98,  99  through  102,  and  117  thereof  amended  and
promulgated on 30 May 2006 by Presidential Order No. (95) Hua-
Zong-(1)-Yi-Zih 09500075761.
15.Article  97-1  of  the  Copyright  Act  newly  adopted  and
promulgated,  and  Articles  87  and  93  thereof  amended  and
promulgated on 11 July 2007 by Presidential Order No. (96) Hua-
Zong -(1)-Yi-Zih 09600088051.
16.Title of Chapter 6bis, Article 90quinquies to 90terdicies newly
adopted  and  promulgated,  and  Article  3 thereof  amended  and
promulgated  on 13 May  2009  by  Presidential  Order  No.  Hua-
Zong-(1)-Yi-Zih 09800116331. 
17.Articles 37, Chapter V (chapter name), 81, and 82 amended and
promulgated on 10 February 2010 by Presidential Order No. Hua-
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Zong-(1)-Yi-Zih 09900029991.
18.Article 53 amended and promulgated on 10 February 2010 by
Presidential Order No. Hua-Zong-(1)-Yi-Zih 09900030001.
19.Article 53, 65, 80-2, 87 and 87-1 amended and promulgated on 22
January  2014  by  Presidential  Order  No.  Hua-Zong-(1)-Yi-Zih
10300009931.
20.Article 98 amended and promulgated on 30 November 2016 by
Presidential Order No. Hua-Zong-(1)-Yi-Zih 10500146961.
21.Article 87 and 93 amended and promulgated on 1 May 2019 by
Presidential Order No. Hua-Zong-(1)-Yi-Zih 10800043331.
22.Article  46-1  of  the  Copyright  Act  newly  adopted  and
promulgated,  and Articles 46, 47 and 48 thereof amended and
promulgated on 15 June 2022 by Presidential Order No. (111)
Hua-Zong -(1)-Yi-Zih 11100049761.
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 2
The  competent  authority  under  this  Act  is  the  Ministry  of
Economic Affairs. 
The Ministry of Economic Affairs shall appoint a specialized
agency in charge of copyright matters.
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Article 3
For  the  purposes  of  this  Act  the  following  definitions  shall
apply:
1."Work" means a creation that is within a literary, scientific, artistic,
or other intellectual domain.
2."Author" means a person who creates a work.
3."Copyright" means the moral rights and economic rights subsisting
in a completed work.
4."The public" or "a public" means unspecified persons or multiple
specified persons; provided, this does not apply to multiple persons
of a household and the household's normal social acquaintances.
5."Reproduce" means to reproduce directly, indirectly, permanently,
or temporarily a work by means of printing, reprography, sound
recording,  video  recording,  photography,  handwritten  notes,  or
otherwise. 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 an architectural  structure  based on architectural
plans or models.
6."Public recitation" means to communicate the content of a work to
the public by spoken words or other means.
7."Public broadcast" means to communicate to the public the content
of a work through sounds or images by means of transmission of
information by a broadcasting system of wire, wireless, or other
equipment, where such communication is for the purpose of direct
listening  reception  or  viewing  reception  by  the  public.  This
includes any communication, by transmission of information via a
broadcasting system of wire, wireless, or other equipment, to the
public of an original broadcast of sounds or images by any person
other than the original broadcaster.
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8."Public  presentation"  means  to  use  single-  or  multiple-unit
audiovisual devices, or other methods of transmitting images, to
simultaneously communicate the content 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 act, dance, sing, play a musical
instrument, or use other means to communicate the content of a
work to a public that is present at the scene. This includes any
communication to the public of an original broadcast of sounds or
images through loudspeakers or other equipment.
10."Public transmission" means to make available or communicate to
the public the content of a work through sounds or images by wire
or wireless network, or through other means of communication,
including enabling the public to receive the content of such work
by any of the above means at a time or place individually chosen
by them. 
11."Adaptation"  means  to  create  another  work  based  upon  a
preexisting  work  by translation,  musical  arrangement,  revision,
filming, or other means.
12."Distribution" means, with or without compensation, to provide
the original of a work, or a copy thereof, to the public for the
purpose of trade or circulation.
13."Public display" means to display the content of a work to the
public.
14."Publication"  means  distribution  by  the  rights  holder  of  a
sufficient number of copies of a work to satisfy a reasonable level
of public demand.
15."Public release" means public issue by the rights holder of the
content of a work to the public through publication, broadcast,
presentation, recitation, performance, display, or other means.
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16."The original" or "an original" means the object to which a work
is first fixed.
17."Electronic  rights  management  information"  means  electronic
information presented on the original or copies of a work, or at the
time  of  communication  of  content  of  a  work  to  the  public,
sufficient to identify the work, the name of the work, the author,
the economic  rights holder or person licensed thereby,  and the
period  or  conditions  of  exploitation  of  the  work,  including
numbers or symbols that represent such information.
18.“Technological protection measures” means equipment, devices,
components, technology or other technological means employed
by copyright owners to effectively prohibit or restrict others from
accessing or exploiting works without authorization.
19.  "Internet  service  provider"  means  those  who  provide  the
following services:
(1) Connection service provider: those who provide services, by
wire or wireless means, of transmitting, routing, or receiving,
information through a system or network controlled or operated
by the  service provider, or of the intermediate  and transient
storage  of  information  in  the  course  of  such  transmitting,
routing, or receiving.
(2) Caching  service provider: those  who, after information  has
been transmitted at the request of a user, provide services of
intermediate and temporary storage of the information through a
system  or  network  controlled  or  operated  by  the  service
provider, for purposes of providing accelerated access to the
information by users who subsequently request transmission of
the information. 
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(3)  Information  storage  service  provider:  those  who  provide
information storage services at the request of a user through a
system  or  network  controlled  or  operated  by  the  service
provider.  
(4) Search service provider: those who provide users with services,
including  an  index,  reference,  or  hyperlink,  to  search  or
hyperlink to online information.
"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  where
videocassetes  or  videodiscs  are  presented,  hotel  rooms,  public
transportation  vehicles,  or  other  places  that  may  be  accessed  by
unspecified persons.
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 of China within thirty days after their
first publication in territory outside the jurisdiction of the Republic
of 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
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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.
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Article 7bis
A performance by a performer of a pre-existing work or folklore
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, 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 acts 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
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the  work;  provided,  where  this  Act  provides  otherwise,  such
provisions shall govern.
Article 10bis
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
10Copyright Act
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,
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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.
12Copyright Act
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
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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 22
Except  as  otherwise  provided  in  this  Act,  authors  have  the
exclusive right to reproduce their works.
Performers  have  the  exclusive  right  to  reproduce  their
performances  by  means  of  sound  recording,  video  recording,  or
photography.
The provisions of the preceding two paragraphs do not apply to
temporary reproduction that is transient, incidental, an essential part
of  a  technology  process,  and  without  independent  economic
significance, where solely for the purpose of lawful network relay
transmission, or for the lawful use of a work; provided, this shall not
apply to computer programs. 
In  the  preceding  paragraph,  the  phrase  "temporary
reproduction… for the purpose of lawful network relay transmission"
includes  technically  unavoidable  phenomena  of  the  computer  or
machine occurring in network browsing, caching, or other processes
for enhancing transmission efficiency.
Article 23
Authors of oral and literary works have the exclusive right to
publicly recite their works.
Article 24
Except  as  otherwise  provided  in  this  Act,  authors  have  the
exclusive right to publicly broadcast their works. 
14Copyright Act
The provisions of the preceding paragraph shall not apply to
further public broadcasts of a performance after that 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 in this Act, authors of oral and
literary,  musical,  and  dramatic/choreographic  works  have  the
exclusive right to publicly perform their works.
Performers have the exclusive right, by means of loudspeakers
or  other  equipment,  to  publicly  perform  their  performances;
provided,  this  shall  not  apply  to  public  performances  of  a
performance by means of loudspeakers or other equipment after that
performance has been reproduced or publicly broadcast.
Where  a  sound  recording  has  been  publicly  performed,  the
author may claim payment of remuneration for use from the persons
who publicly performed it. 
Article 26bis
Except as otherwise provided in this Act, authors of works have
the exclusive right of public transmission of their works.
Performers have the exclusive right of public transmission of
their performances reproduced in sound recordings. 
Article 27
Authors of unpublished fine arts or photographic works have the
exclusive right to publicly display the original and copies of their
works. 
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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 28bis
Except as otherwise provided in this Act, authors of works have
the  exclusive  right  to  distribute  their  works  through  transfer  of
ownership.
Performers  have  the  exclusive  right  to  distribute  their
performances  reproduced  in  sound  recordings  through  transfer  of
ownership. 
Article 29
Except as otherwise provided in this Act, authors of works have
the exclusive right to rent their works.
Performers have the exclusive right to rent their performances
reproduced in sound recordings.
Article 29bis
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
16Copyright Act
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 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.
Where the term of economic rights for works released to the
public continuously or successively is calculated on the basis of the
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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 37
The economic rights holder may license others to exploit the
work. The territory, term, content, method of exploitation, and other
particulars  of  the  license  shall  be  as  stipulated  by  the  parties;
particulars not clearly covered by such stipulations shall be presumed
to have not been licensed.
The license referred to in the preceding paragraph shall not be
affected by subsequent assignment or further licensing of economic
rights by the economic rights holder.
18Copyright Act
A non-exclusive licensee may not sublicense the rights inherent
in the license to any third party for exploitation without the consent
of the economic rights holder.
An  exclusive  licensee  may,  within  the  scope  of  the  license,
exercise rights in the capacity of economic rights holder, and may
perform litigious acts in its own name. The economic rights holder
may not exercise rights within the scope of an exclusive license.
The provisions of paragraphs 2 through 4 shall not apply to any
license conferred prior to the implementation of the November 12,
2001 amendment to this Act.
The provisions of Chapter VII do not apply in the following
circumstances  except  for  works  subject  to  the  management  of
copyright collective management organizations:
1.  Exploitation  of  digitized  karaoke  machines  or  jukeboxes
which  contain  licensed  duplication(s)  of  music  works  for  public
performance; or
2.Rebroadcasting works of an original broadcast; or
3.Communicating  the  sounds  or  images  of  an  original
broadcast to the public with loudspeaker or other equipment; or
4.Communicating  the  works  to  the  public  through  public
broadcasting or simultaneous public transmission of advertisement,
by a broadcaster, within which such works have been reproduced
under authorization.
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.
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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 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 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,
20Copyright Act
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 law 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 law
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.
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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  the  scope  necessary  for  the  purposes  of  teaching  of
courses by schools, all levels of legally established schools and their
teachers may reproduce, publicly perform and publicly present the
works of another person which have already been publicly released.
Under the circumstances in the preceding paragraph, the works
of another person that have already been publicly released may be
publicly broadcast or publicly transmitted,  if  reasonable technical
measures have been adopted to prevent access by persons who have
not registered in the school or have not enrolled in the course.
The proviso of Article 44 shall apply mutatis mutandis to the
circumstances set forth in the preceding two paragraphs.
Article 46bis
Within the scope necessary for the purposes of education, all
levels of legally established schools or educational institutions and
their teachers may publicly broadcast or publicly transmit the works
of another person that have been publicly released; provided, this
shall not apply if there is profit-seeking activity.
In the circumstances set forth in the preceding paragraph, except
for that subject to compliance with  paragraph 2 of the preceding
article,  the exploiter shall notify the economic rights holder of the
circumstances of the exploitation and pay equitable remuneration for
use.
22Copyright Act
Article 47
For  the  purpose  of  preparing  textbooks  required  by  law  or
regulation to be examined or compiled, the preparer may reproduce,
adapt, or compile works that have been publicly released, and may
publicly transmit those textbooks.  
The provisions of the preceding paragraph, except for public
transmission, shall apply mutatis mutandis to the preparation, by the
preparers of those textbooks, of supplementary teaching aids that are
ancillary to those textbooks and furthermore are exclusively provided
to teachers for teaching purposes.
In the circumstances set forth in the preceding two paragraphs,
the person exploiting the work shall notify the economic rights holder
of the circumstances of the exploitation and pay compensation for
use.  The  rate  of  compensation  for  such  use  shall  be  set  by  the
competent authority.
Article 48
Libraries,  museums,  history  museums,  science  museums,  art
museums, file archives, and other archive institutions open to the
public  may  reproduce  works  in  their  collections  in  any  of  the
following circumstances:
1.Where  a  patron,  for  personal  research  purposes,  requests
reproduction of a part of a work that has been publicly released,
or of a single article from a periodical or from a seminar paper
that has been publicly released, and within the limit of one copy
per person; provided, this may not be provided as a digital copy.
2.Where preservation of the material is necessary, for purposes of
avoiding loss or damage, or where common technology is not
available for reading the storage format of the material, and it
cannot be obtained through reasonable acquisition on the market.
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3.Where works are out of print or difficult to purchase, and have
been requested by another similar institution.
4.Where  needed  for  restoration  of  works  during  the  period  of
lawful licensing of a digital collection.
The  National  Central  Library,  for  purposes  of  promoting
national cultural development, may digitally reproduce the following
works:
1.Works in the collection to be provided in lieu of the original
collection  for  in-library  access  to  prevent  loss,  damage,  or
defacement of the original collection; provided, this shall not
apply to works already available on the market in digital form.
2.Materials provided to the public over networks by a central or
local government agency or a non-departmental public body.
Works reproduced pursuant to subparagraphs 2 to 4 of paragraph
1  and  to  subparagraph  1  of  the  preceding  paragraph,  subject  to
compliance with all the subparagraphs below, or works reproduced
pursuant to subparagraph 2 of the preceding paragraph, subject to
compliance with subparagraph 2 below, may be publicly transmitted
for perusal within the institution:  
1.The quantity of the same work that may be made available for
perusal by users within the institution at the same time does not
exceed  the  quantity  of  that  work  currently  held  in  that
institution's collection.
2.The computers or other display equipment made available for
purposes of perusal within the institution do not enable users to
perform reproduction or transmission.
Works reproduced by the National Central Library pursuant to
subparagraph 1 of paragraph 2 may not be exploited for any purpose
other than as provided in the preceding paragraph.
24Copyright Act
Article 48bis
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 49
When  reporting  current  events  by  means  of  broadcasting,
photography, film, newspaper, network, 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,  publicly  broadcast,  or  publicly
transmitted.
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,
25Co
teaching, research, or other legitimate purposes.
Article 53
For  the  purpose  of  exclusive  use  by  the  visually  impaired,
learning  disabled,  hearing  impaired  or  other  persons  with  a
perceptual disability, works that have been publicly released may be
exploited  by  local  or  central  government  agencies,  non-profit
organizations and all levels of legally established schools, by means
of translation, Braille, sound-recording, digital transformation, verbal
imagery, accompanying sign language or otherwise.
The preceding paragraph shall be applied mutatis mutandis to
the disabled persons or their guardians referred to in the preceding
paragraph for personal and nonprofit use by the disabled.
The copies reproduced in accordance with the preceding two
paragraphs  may be  distributed  or  publicly transmitted  among  the
disabled persons, local or central government agencies, non-profit
organizations  and  all  levels  of  legally  established  schools  as
prescribed in the preceding two paragraphs.
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,
provided  that  no  fee  is  directly  or  indirectly  collected  from  the
viewers or listeners, and no compensation is given to the performers.
26Copyright Act
Article 56
For the purposes of public broadcasting, a radio or television
broadcasting organization may, with its own equipment, sound record
or video record a work; provided, this shall be limited to situations
where the public broadcasting has been licensed by the economic
rights holder, or situations otherwise comporting with the provisions
of this Act.
Except where preservation of the recording referred to in the
preceding paragraph has been approved for a designated place by the
specialized agency in charge of copyright matters, such sound or
video recordings shall be destroyed within six months from the time
of recording.
Article 56bis
For the  purpose of enhancing receiving effect, a community
antenna  installed  in  accordance  with  law  may  simultaneously
rebroadcast  works  broadcast  by  wireless  television  stations
established in accordance with law; the form and content of such
broadcasts shall not be changed.
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
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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 59bis
A person who has obtained ownership of the original of a work
or a lawful copy thereof within the territory under the jurisdiction of
the  Republic  of China  may distribute  it  by means  of  transfer  of
ownership.
Article 60 
Owners of originals of works and lawful copies of works may
rent such original works or copies; provided, this shall not apply to
sound recordings and computer programs.
The proviso of the preceding paragraph shall not apply to copies
28Copyright Act
of  computer  programs  incorporated  in  products,  machinery,  or
equipment to be legally rented, where such copies do not constitute
the essential object of such rental.
Article 61
Commentary on current political, economic, or social events that
has  appeared  in  a  newspaper,  magazine,  or  network  may  be
republished  by  other  newspapers  or  magazines,  or  be  publicly
broadcast by radio or television, or publicly transmitted on a network;
provided,  this  shall  not  apply  where  there  is  indication  that
republishing,  public  broadcast,  or  public  transmission  is  not
authorized.
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 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 61, and Article 62 may translate such work.
Persons  that  may  exploit  the  work  of  another  person  in
accordance with the provisions of Articles 46 and 51 may adapt such
work.
Persons  that  may  exploit  the  work  of  another  person  in
accordance with the provisions of Articles 46 through 50, Articles 52
through 54, paragraph 2 of Article 57, Article 58, Article 61, and
Article 62 may distribute such work. 
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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 65
Fair use of a work shall not constitute infringement on economic
rights in the work.
In determining whether the exploitation of a work complies with
the  reasonable  scope  referred  to  in  the  provisions  of  Articles  44
through 63, or other conditions of fair use, all circumstances shall be
taken into account, and in particular the following facts shall be noted
as the basis 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.
Where  the  copyright  owner  organization  and  the  exploiter
organization have formed an agreement on the scope of the fair use of
30Copyright Act
a work, it may be taken as reference in the determination referred to
in the preceding paragraph. 
In  the  course  of  forming  an  agreement  referred  to  in  the
preceding  paragraph,  advice  may be  sought  from  the  specialized
agency in charge of copyright matters.
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 69
Where a sound recording of a musical work recorded for sale
has been published for six months, a person who wishes to exploit the
aforementioned  musical  work to  record  and  produce  other  sound
recordings for sale may apply to the specialized agency in charge of
copyright  matters  for  a  compulsory  license,  and  after  paying
compensation,  may  exploit  such  musical  work  and  record  and
produce other sound recordings.
Regulations  governing  the  compulsory license  for  a  musical
work  referred  to  in  the  preceding  paragraph,  the  method  for
calculating  the  compensation  for  exploitation,  and  other  requisite
matters shall 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.
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Article 71
The specialized agency in charge of copyright matters shall void
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 void 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)
Article 77
(deleted)
Article 78
(deleted)
Chapter IV    Plate Rights
Article 79
For a literary or artistic work that has no economic rights or for
which the economic rights have been extinguished, a plate maker
who arranges and prints the said literary work, or in the case of an
artistic work, a plate maker who photocopies, prints, or uses a similar
method of reproduction and first publishes such reproduction based
on such original artistic work, and duly records it in accordance with
32Copyright Act
this Act, shall have the exclusive right to photocopy, print, or use
similar methods of reproduction based on the plate.
The rights of the plate maker shall subsist for ten years from the
time the plate is completed.
The  last  day  of  the  term  of  protection  referred  to  in  the
preceding paragraph shall be the last day of the last year of such
term.
Assignment or placement in trust of plate rights shall not be
effective against third parties unless it has been recorded.
The  regulations  governing  recordation  of  plate  rights,
recordation of assignment, recordation of trust, and other requisite
matters shall be prescribed by the competent authority.
Article 80
The  provisions  of  Article  42  and  Article  43  concerning  the
extinguishment of economic rights, and the provisions of Articles 44
through 48, Article 49, Article 51, Article 52, Article 54, Article 64,
and Article 65 concerning limitations on economic rights, shall apply
mutatis mutandis to plate rights.
Chapter IVbis   Electronic Rights Management Information and
Technological Protection Measures
Article 80bis
Electronic rights management information made by a copyright
owner shall not be removed or altered; provided, this shall not apply
in any of the following circumstances: 
1.Where  removal  or  alteration  of  electronic  rights  management
information of the work is unavoidable in the lawful exploitation
of the work given technological limitations at the time of the act.
2.Where  the  removal  or  alteration  is  technically  necessary  to
33Co
conversion of a recording or transmission system. 
Whoever knows that electronic rights management information
of a work has been unlawfully removed or altered shall not distribute
or, with intent to distribute, import or possess the original or any copy
of  such  work.  He/She  also  shall  not  publicly broadcast,  publicly
perform, nor publicly transmit [the same].
Article 80ter
Technological  protection  measures  employed  by  copyright
owners to prohibit or restrict others from accessing works shall not,
without legal authorization, be disarmed, destroyed, or by any other
means circumvented.  
Any equipment, device, component, technology or information
for disarming, destroying, or circumventing technological protection
measures  shall  not,  without  legal  authorization,  be  manufactured,
imported, offered to the public for use, or offered in services to the
public. 
The provisions of the preceding two paragraphs shall not apply
in the following circumstances:
1.Where to preserve national security. 
2.Where done by central or local government agencies. 
3.Where done by file archive institutions, educational institutions,
or public libraries to assess whether to obtain the information.
4.Where to protect minors. 
5.Where to protect personal data. 
6.Where to perform security testing of computers or networks.
7.Where to conduct encryption research.
34Copyright Act
8.Where to conduct reverse engineering.
9.Where  to  exploit  works  of  others  in  accordance  with  the
provisions of Articles 44 through 63 and Article 65.
10.Under other circumstances specified by the competent authority.
The content in the subparagraphs of the preceding paragraph
shall  be  prescribed  and  periodically  reviewed  by  the  competent
authority.
Chapter V Copyright Collective Management Organizations and
Copyright Review and Mediation Committees
Article 81
Economic  rights  holders  may,  with  the  approval  of  the
specialized agency in charge of copyright matters, establish copyright
collective management organizations for the purpose of exercising
rights or for collecting and distributing compensation for use.
Exclusive  licensees  may  also  join  copyright  collective
management organizations.
The  approval  for  establishment  and  the  organization  and
capacities of the organizations referred to in paragraph 1, as well as
the supervision and guidance thereof, shall be otherwise provided for
by act.
Article 82
The  specialized  agency  in  charge  of  copyright  matters  shall
establish a Copyright Review and Mediation Committee to handle the
following matters:
1.Examination  of  rates  of  compensation  for  use  under  the
provisions of paragraph 4 of Article 47.
2.Mediation of disputes between copyright collective management
organizations and users concerning compensation for use.
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3.Mediation of disputes concerning copyright or plate rights.
4.Other consultation in connection with copyright examination and
mediation.
Dispute mediation referred to in subparagraph 3 of the preceding
paragraph, when involving criminal matters, shall be limited to cases
actionable only upon complaint.
Article 82bis
Within seven days of the date of the conclusion of a mediation
settlement,  the  specialized  agency in  charge  of  copyright  matters
shall submit the written mediation settlement statement for review by
the court of jurisdiction.
The  court  shall  review  the  written  mediation  settlement
statement referred to in the preceding paragraph with due dispatch.
Unless it is contrary to act or regulation, public order, or good morals,
or compulsory execution would be impossible, the judge shall sign
[copies] thereof and affix the seal of the court thereto, and shall
return the mediation settlement statement to the specialized agency in
charge of copyright matters for service to the parties, retaining one
copy for its own records.
Where the court decides not to ratify a mediation settlement
statement,  it  shall  notify  the  specialized  agency  in  charge  of
copyright matters of the reasons. 
Article 82ter
After a mediation settlement has been ratified by a court, the
parties shall not initiate any further public or private prosecution or
action with respect to the mediated matter.
A civil mediation settlement ratified by a court as referred to in
the preceding paragraph shall have the same force as a final and
36Copyright Act
unappealable  court  judgment  in  a  civil  case.  With  respect  to  a
criminal mediation settlement that has been ratified by a court, where
the subject matter is payment of a certain amount of money, or other
substitute therefore, or securities, the written mediation settlement
statement shall constitute a writ of execution.
Article 82quater
Where a civil mediation settlement has  been concluded, and
then ratified by a court while the civil action is under litigation, and
where  no  final  and  unappealable  court  judgment  has  yet  been
obtained, the civil action shall be deemed withdrawn as of the date of
the conclusion of the mediation settlement.
Where a criminal mediation settlement has been concluded, and
then ratified by a court while the criminal case is in the investigation
stage  or  before  the  conclusion  of  arguments  in  the  trial  of  first
instance, and where the parties have agreed to withdraw the case, the
complaint or private prosecution shall be deemed withdrawn as of the
date of the conclusion of the mediation settlement. 
Article 82quinquies 
Should there exist any ground for invalidation or voidance of a
civil mediation settlement after ratification by a court, the parties may
file an action with the original ratifying court to invalidate or void the
mediation settlement. 
The  action  referred  to  in  the  preceding  paragraph  shall  be
initiated  by  the  parties  within  30  days  of  service  of  the  written
mediation settlement statement ratified by the court.
Article 83
The  organic  charter  for  the  Copyright  Examination  and
Mediation Committee referred to in Article 82, and the regulations
concerning  dispute  mediation,  shall  be  drafted  by  the  competent
authority  and  promulgated  after  review  and  approval  by  the
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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 infringe-
ment.
Article 85
A person who infringes on the moral rights of an author shall be
liable for damages. In the event of non-pecuniary injury, the injured
party may claim a commensurate amount of compensation.
In infringement matters referred to in the preceding paragraph
the injured party may demand indication of the author's name or
appellation,  correction  of  content,  or  adoption  other  appropriate
measures necessary for the restoration of its reputation.
Article 86
After the death of the author, unless otherwise specified by a
will, the following persons, in the order indicated, shall be entitled to
request  remedies  in  accordance  with  Article  84  and  the  second
paragraph of the preceding article for actual or likely violations of
Article 18:
1.Spouses
2.Children
3.Parents
4.Grandchildren
5.Brothers and sisters
6.Grandparents
Article 87
Any  of  the  following  circumstances,  except  as  otherwise
38Copyright Act
provided  under  this  Act,  shall  be  deemed  an  infringement  of
copyright or plate rights:
1.To exploit a work by means of infringing on the reputation of the
author.
2.Distribution of articles that are known to infringe on plate rights,
or public display or possession of such articles with the intent to
distribute.
3.Import of any copies reproduced without the authorization of the
economic rights holder or the plate rights holder.
4.Import of the original or any copies of a work legally reproduced
abroad without the authorization of the economic rights holder.
5.Exploitation  for  business  purposes  of  a  copy  of  a  computer
program  that  infringes  on  economic  rights  in  such  computer
program. 
6.Distribution, by any means other than transfer of ownership or
rental, articles that are known to infringe on economic rights; or
public  display  or  possession,  with  the  intent  to  distribute,  of
articles that are known to infringe on economic rights.
7.To provide to the public computer programs or other technology
that can be used to publicly transmit or reproduce works, with the
intent to allow the public to infringe economic rights by means of
public transmission or reproduction by means of the Internet of
the works of another, without the consent of or a license from the
economic rights holder, and to receive benefit therefrom.
8.Knowing  that  the  works  broadcast  or  transmitted  publicly by
another  person  infringe  economic  rights,  with  the  intent  to
provide the public to access such works by the Internet, acting as
follows, and to receive benefit therefrom:
(1)To provide the public with computer programs which have
39Co
aggregated the Internet Protocol Addresses of such works.
(2)To direct, assist or preset paths to the public for using computer
programs in the preceding item.
(3)To manufacture, import or sell equipment or devices preloaded
with the computer programs of the first item.
A person who undertakes the actions set out in subparagraphs 7
or  8  above  shall  be  deemed  to  have  "intent"  pursuant  to  that
subparagraph  when  the  advertising  or  other  active  measures
employed by the person instigates, solicits, incites, or persuades the
public to use.
Article 87bis
The provisions of subparagraph 4 of the preceding article do not
apply under any of the following circumstances:
1.Where the original or copies of a work are imported for the use of
central  or  local  government  agencies;  provided,  this  does  not
apply  to  import  for  use  in  schools  or  other  educational
institutions, or to the import of any audiovisual work for purposes
other than archival use.
2.Where  the  original  or  a  specified  number  of  copies  of  any
audiovisual works are imported in order to supply such works to
nonprofit  scholarly,  educational,  or  religious  organizations  for
archival purposes, or where an original or specified number of
copies of works other than audiovisual works are imported for
library lending or archival purposes, provided that such copies are
used in compliance with the provisions of Article 48.
3.Where the original or a specified number of copies of a work are
imported for the private use of the importer, not for distribution,
or where such import occurs because the original or copies form
part of the personal baggage of a person arriving from outside the
territory.
40Copyright Act
4.For  the  purpose  of  exclusive  use  by  the  visually  impaired,
learning  disabled,  hearing  impaired  or  other  persons  with  a
perceptual disability, local or central government agencies, non-
profit organizations and all levels of legally established schools
may import copies reproduced by means of translation, Braille,
sound-recording,  digital  transformation,  verbal  imagery,
accompanying sign language  or otherwise, provided that  such
copies are used in compliance with the provisions of Articles 53.
5.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.
6.Where a user's manual or operating manual accompanying any
legally imported  goods, machinery,  or equipment is  imported;
provided,  this  does  not  apply  where  the  user's  manual  or
operating manual are the principal objects of the importation.
The "specified number" set forth in subparagraphs 2 and 3 of the
preceding paragraph shall be prescribed by the competent authority.
Article 88
A  person  who  unlawfully  infringes  on  another  person's
economic rights or plate rights out of intention or negligence shall be
liable  for  damages.  Where  multiple  persons  engage  in  unlawful
infringement, they shall bear joint and several liability for damages. 
With  regard  to  the  damages  referred  to  in  the  preceding
paragraph, the injured party may make claim in any of the following
manners:
1.In accordance with the provisions of Article 216 of the Civil
Code;  provided,  when  the  injured  party  is  unable  to  prove
damages, it may base the damages on the difference between the
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amount of expected benefit from the exercise of such rights under
normal circumstances and the amount of benefit from the exercise
of the same rights after the infringement.
2.Based on the  amount  of benefit obtained  by the infringer  on
account of the infringing activity; provided, where the infringer is
unable to establish costs or necessary expenses [of the infringing
act or articles], the total revenue derived from the infringement
shall be deemed to be its benefit.
If it is difficult for the injured party to prove actual damages in
accordance with the provisions of the preceding paragraph, it may
request that the court, based on the seriousness of the matter, set
compensation at an amount of not less than ten thousand and not
more than one million New Taiwan Dollars. If the damaging activity
was intentional and the matter serious, the compensation may be
increased to five million New Taiwan Dollars.
Article 88bis
Where claim is made pursuant to Article 84 or paragraph 1 of
the preceding Article, the injured party may request the destruction or
other  necessary disposition  of  goods  produced  as  a  result  of  the
infringing act, or of articles used predominantly for the commission
of infringing acts.
Article 89
The injured party may demand that the infringer, at its own
expense,  publish  in  a  newspaper  or  magazine  all  or  part  of  a
judgment concerning said infringement.
Article 89bis
The right to claim damages as specified in Articles 85 and 88
shall be extinguished if not exercised within two years from the time
the person having the right to make claim learns of its right to claim
damages and knows the identity of the obligor, or within ten years of
the occurrence of the infringement.
42Copyright Act
Article 90
Each holder of copyrights in a joint work may, pursuant to the
provisions  of  this  chapter,  separately  demand  remedies  from  the
infringer, and may also claim damages based on its share of copyright
ownership.
The provisions of the preceding paragraph shall apply mutatis
mutandis to joint holders of economic rights and plate rights that
arise out of other relationships.
Article 90bis
A copyright  holder  or  plate  rights  holder  may  apply  to  the
customs authorities to suspend the release of import or export goods
that infringe on their copyright or plate rights.
The application referred to in the preceding paragraph shall be
filed in writing, shall state the facts of the infringement, and shall
include a bond in an amount equivalent to the import customs value
or the export FOB value of the goods, as assessed by customs, to
serve as a security to offset the loss suffered by the party whose
goods are subject to attachment.
Customs  shall  immediately  inform  the  applicant  when
processing an application to suspend the release of goods. Where
Customs determines that the conditions in the preceding paragraph
have been met and issues an attachment order, it shall give written
notification  to  the  applicant  and  to  the  party  whose  goods  are
attached.
The applicant or the party whose goods are attached may apply
to  the  customs  authorities  for  permission  to  inspect  the  attached
goods.
Attached goods shall be confiscated by the customs authorities
where  the  applicant  has  obtained  a  final  and  unappealable  civil
judgment determining that the goods infringe on copyright or plate
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rights. The owner of the attached goods shall be held liable for such
costs as container demurrage, warehousing, loading, unloading, as
well as for expenses connected with destruction of the goods.
If the expenses connected with destruction of the goods referred
to  in  the  preceding  paragraph  are  not  paid  within  the  period
prescribed  by  customs  authorities,  the  claim  shall  be  enforced
through compulsory execution.
In any of the following circumstances, an attachment order shall
be rescinded by the customs authorities and the attached goods shall
be  processed  in  accordance  with  applicable  import  and  export
regulations;  in  addition,  the  applicant  shall  compensate  the  party
whose goods were attached for damage incurred on account of the
attachment:
1.The attached goods have been determined to be non-infringing of
copyright  or  plate  rights  by  a  final  and  unappealable  court
judgment.
2.Within twelve days of the date on which the applicant is informed
of  the  attachment,  the  customs  authorities  have  not  received
notification  from  the  applicant  indicating  that  it  has  initiated
litigation  proceedings  alleging  that  the  attached  goods  are  in
infringement.
3.The applicant applies to rescind the attachment. 
The  period  referred  to  in  subparagraph  2  of  the  preceding
paragraph  may  be  extended  by  another  twelve  days  if  customs
authorities deem it necessary.
Customs authorities shall return the bond upon the applicant's
request in any of the following circumstances:
1.There is no need to continue posting the bond either because the
applicant has obtained a final and unappealable judgment in its
44Copyright Act
favor or because the applicant has reached a settlement with the
party whose goods were attached.
2.The attachment order has been rescinded and the applicant can
prove that at least the required twenty days have elapsed since the
applicant  notified  the  party  whose  goods  are  subject  to  the
suspension of release to exercise its rights and such party has
failed to exercise its rights.
3.The party whose goods were attached agrees to the return.
A person whose goods have been attached shall have the same
rights as a pledgee with respect to the bond referred to in the second
paragraph of this article.
When the customs authorities, in the course of executing their
duties, discover import/export goods that in appearance are obviously
suspect of copyright infringement, they may within one business day
notify the rights holder and notify the importer/exporter to produce
authorization materials. After receiving notice, the rights holder shall
proceed to customs within four hours for air export goods and within
one business day for air import goods and sea import/export goods to
assist with verification. Where the rights holder is unknown or cannot
be notified, or the rights holder fails to proceed to customs within the
time limit as notified to assist with verification, or the rights holder
determines that the goods in question are not infringing, and if there
is no violation of other customs clearance regulations, customs shall
release the goods forthwith.
Where  the  goods  are  determined  to  be  suspected  infringing
goods, customs shall take measures to suspend the release of the
goods.
If within three business days after customs has taken measures
to suspend the release of the goods the rights holder has not applied
to  customs  for  attachment  under  paragraphs  1  to  10,  or  has  not
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initiated civil or criminal litigation procedure to protect the rights,
and if there is no violation of other customs clearance regulations,
customs shall release the goods forthwith.
Article 90ter
The implementing regulations for the preceding article shall be
prescribed  by  the  competent  authority  in  consultations  with  the
Ministry of Finance.
Article 90quater
Whoever violates any provision of Article 80bis or Article 80ter,
thereby causing damage to the copyright owner, shall be liable for
damages. If there are multiple violators, they shall bear joint and
several liability for damages.
The provisions of Article 84, Article 88bis, Article 89bis, and
Article 90bis shall apply mutatis mutandis to violations of Article
80bis or Article 80ter.
Chapter  VI-1  Limitations  on  Liability  for  Internet  Service
Providers
Article 90quinquies
An Internet service provider shall be entitled to the application
of Article 90sexies to Article 90novies regarding the limitation on
liability  only if the service provider—
1. by contract, electronic transmission, automatic detective system
or  other  means,  informs  users  of  its  copyright  or  plate  right
protection policy, and takes concrete action to implement it; and
2. by contract, electronic transmission, automatic detective system
or other means, informs users that in the event of repeat alleged
infringements  up  to  three  times  the  service  provider  shall
terminate the service in whole or in part; and
3. publicly announces information regarding its contact window for
46Copyright Act
receipt of notification documents.
4. accommodate and implement the technical measure described in
paragraph 3.
A connection service provider that, after receiving notification
by a copyright holder or plate rights holder of alleged infringement
by a user, has forwarded the notification to that particular user by
electronic  mail  is  deemed  to  have  met  the  requirement  in  the
preceding paragraph, subparagraph 1.
If  a  copyright  holder  or  plate  rights  holder  has  provided
technical measures which have been developed based on a broad
consensus and are used to identify or protect copyrighted or plate-
righted works, the Internet service provider shall accommodate and
implement the measures if the technical measures has been ratified by
the competent authority.
Article 90sexies
A connection service provider shall not be liable for damages for
infringement of the copyright or plate rights of another by a user of
its service if—
1. the transmission of the information was initiated by or at the
request of the user; and
2. the transmission, routing, provision of connections, or storage is
carried out through an automatic technical process, without any
selection of the material or modification of its content by the
connection service provider.
Article 90septies
A caching service provider shall not be liable for damages for
infringement of the copyright or plate rights of another by a user of
its service if—
1.the  service  provider  does  not  make  any  modification  to  the
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cached information ；
2.when the person who made the original information available
subsequently update, deletes, or blocks access to it, the cached
information is done in the same way as a result of an automatic
technical process; and
3.the service provider responds expeditiously to remove, or disable
access to, the allegedly infringing content or related information
upon notification by a copyright holder or plate rights holder of
the alleged infringement by the user of the service provider.
Article 90octies 
An information storage service provider shall not be liable for
damages for infringement of the copyright or plate rights of another
by a user of its service if the service provider— 
1.does not have knowledge of the allegedly infringing activity of
the user;
2.does not receive a financial benefit directly attributable to the
infringing activity of the user; and
3.responds  expeditiously  to  remove,  or  disable  access  to,  the
allegedly  infringing  content  or  related  information  upon
notification by a copyright holder or plate rights holder of the
alleged infringement by the user of the service provider.
Article 90novies
A search service provider shall not be liable for damages for
infringement of the copyright or plate rights of another by a user of
its service if the service provider—
1.does not have knowledge that the searched or linked information
may be infringing;
2.does not receive a financial benefit directly attributable to the
48Copyright Act
infringing activity of the user; and 
3.responds  expeditiously  to  remove,  or  disable  access  to,  the
allegedly  infringing  content  or  related  information  upon
notification by a copyright holder or plate rights holder of the
alleged infringement by the user of the service provider.
Article 90decies
An information storage service provider shall forward notice to
the allegedly infringing user of any measures taken under Article
90octies, subparagraph 3, by the contact method stipulated between
the service provider and the user or by the contact information left by
the user. However, this requirement shall not apply if the nature of
the service provided makes such notice impossible. 
If a user referred to in the preceding paragraph believes that the
materials were not involved in infringement, the user may submit
counter  notification  documents  to  the  information  storage  service
provider with a request to restore the removed content or related
information or restore the access to it.
Upon receipt of a counter notification described in the preceding
paragraph,  an  information  storage  service  provider  shall
expeditiously forward  such documents  to the copyright  holder  or
plate rights holder.
If,  within  10  business  days  since  one  day after  the  date  of
receiving counter notification from the information storage service
provider  as  described  in  the  preceding  paragraph,  the  copyright
holder or plate rights holder provides the information storage service
provider with evidence regarding filing civil or criminal litigation
against the user, the information storage service provider shall not
bear any obligation to restore the content or related information.
If the copyright holder or plate rights holder fails to provide
evidence  on  filing  litigation  in  accordance  with  the  preceding
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paragraph, the information storage service provider shall, within no
more than 14 business days since one day after the date of forwarding
the counter-notification documents, restore the removed content or
related information or restore the access to it. However, if restoration
is impossible, the service provider shall notify the user in advance, or
provide another appropriate method by which the user may restore it.
Article 90undecies
An Internet service provider shall not be liable for damages to
the allegedly infringing user if the service provider— 
1.removes, or disables access to, the allegedly infringing content or
related  information  in  accordance  with  Articles  90septies  to
90novies; or
2.upon obtaining knowledge of suspected infringement by the user,
acts  in good faith belief  to  remove,  or disable  access  to, the
allegedly infringing content or related information.
Article 90duodecies
A person who misrepresents an Internet service provider with a
notification  or  counter  notification  out  of intention  or  negligence
shall  be  liable  for  damages  for  any  injury incurred  on  the  user,
copyright holder, plate right holder or Internet Service Provider.
Article 90terdecies
The information in connection with the public announcement of
the contact window under Article 90quinquies, and the content of the
notification  and  counter  notification,  required  particulars,
supplementation  or  correction,  and  other  requisite  matters  under
Articles  90septies  through  90decies  shall  be  prescribe  by  the
competent authority.
Chapter VII     Penal Provisions
Article 91
A person  who  infringes  on  the  economic  rights  of  another
50Copyright Act
person by means of reproducing the work without authorization shall
be  punished  by  imprisonment  for  not  more  than  three  years,
detention, or in lieu thereof or in addition thereto a fine not more than
seven hundred and fifty thousand New Taiwan Dollars.
A person  who  infringes  on  the  economic  rights  of  another
person by means of reproducing the work without authorization with
the intent to sell or rent shall be imprisoned not less than six months
and not more than five years, and in addition thereto, may be fined
not less than two hundred thousand and not more than two million
New Taiwan Dollars.
A person who commits the offense in the preceding paragraph
by means of reproducing onto an optical disk shall be imprisoned not
less than six months and not more than five years, and in addition
thereto, may be fined not less than five hundred thousand and not
more than five million New Taiwan Dollars.
A work only for personal reference or fair use of a work does
not constitute infringement of copyright.
Article 91bis
A person  who  infringes  on  the  economic  rights  of  another
person by distributing the original of a work or a copy thereof by
transfer  of  ownership  without  authorization  shall  be  punished  by
imprisonment for not more than three years, detention, or in lieu
thereof or in addition thereto, a fine not more than five hundred
thousand New Taiwan Dollars.
A person who distributes or with intent to distribute publicly
displays or possesses a copy knowing that it infringes on economic
rights shall be imprisoned not more than three years and, in addition
thereto, may be fined not less than seventy thousand and not more
than seven hundred and fifty thousand New Taiwan Dollars.  
A person who commits the offense in the preceding paragraph
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and the infringing copy is optical disk shall be imprisoned not less
than  six  months  and  not  more  than  three  years  and,  in  addition
thereto, may be fined not less than two hundred thousand and not
more than two million New Taiwan Dollars; provided, this shall not
apply to optical disks imported in violation of subparagraph 4 of
Article 87.
Punishment of an offense in the preceding two paragraphs may
be reduced if the offender confesses the source of the goods, resulting
in the uncovering thereof.
Article 92
A person  who  infringes  on  the  economic  rights  of  another
person without authorization by means of public recitation, public
broadcast,  public  presentation,  public  performance,  public
transmission, public display, adaptation, compilation, or leasing, shall
be  punished  by  imprisonment  for  not  more  than  three  years,
detention, or in lieu thereof or in addition thereto a fine not more than
seven hundred and fifty thousand New Taiwan Dollars.
Article 93 
In any of the following circumstances, a sentence of up to two
years imprisonment or detention shall be imposed, or in lieu thereof
or in addition thereto, a fine of not more than five hundred thousand
New Taiwan Dollars:
1.Infringement  of  the  author's  moral  rights  as  set  forth  in  the
provisions of articles 15 through 17.
2.Violations of the provisions of Article 70.
3.Infringement of another person's copyright by any of the means
specified in paragraph 1, subparagraphs 1, 3, 5, or 6 of Article 87,
provided  this  shall  not  apply  to  offenses  as  referred  to  in
paragraph 2 or paragraph 3 of Article 91bis.
4.Violations of subparagraphs 7 or 8 of paragraph 1 of Article 87.
52Copyright Act
Article 94
(deleted)
Article 95
A person who violates any provision of Article 112 shall be
punished by imprisonment for not more than one year, detention, or,
in lieu thereof or in addition thereto, a fine of not less than twenty
thousand and not more than two hundred and fifty thousand New
Taiwan Dollars.
Article 96
A fine of up to fifty thousand New Taiwan Dollars shall be
imposed for violations of the provisions of the second paragraph of
Article 59 or the provisions of Article 64.
Article 96bis
In any of the following circumstances a sentence of up to one
year imprisonment or detention shall be imposed, or in lieu thereof or
in addition thereto, a fine of not less than twenty thousand and not
more than two hundred and fifty thousand New Taiwan Dollars:
1.Violation of Article 80bis.
2.Violation of paragraph 2 of Article 80ter.
Article 96ter
If a fine is to be imposed pursuant to the provisions of this
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Chapter, the financial ability of the offender and the benefit he/she
has obtained through commission of the offense shall be taken into
account. If the benefit obtained exceeds the maximum fine, such fine
may be increased within the limit of the obtained benefit.
Article 97
(deleted)
Article 97-1
When an enterprise, by means of public transmission, violates
the provisions of Article 91, Article 92, or Article 93, subparagraph 4
and is convicted by a court, it shall immediately cease such activities.
If the enterprise does not cease those activities, then following the
convening  by  the  competent  authority  of  a  group  of  specialists,
academicians,  and  related  enterprises  who  determine  that  the
enterprise's activities constitute a serious infringement and that they
materially  affect  the  rights  and  interests  of  the  economic  rights
holder, the competent authority shall prescribe a period of one month
within which the enterprise shall take corrective action; where the
enterprise  fails  to  take  corrective  action  within  that  period,  the
competent authority may order suspension or compulsory termination
of the enterprise's business.
Article 98
In an offense set forth in paragraph 3 of Article 91 or paragraph
3 of Article 91bis, an article used in the commission of the offense, or
in preparation for the commission of the offense, or an article derived
from the commission of the offense, may be confiscated, regardless
of whether it belongs to the offender.  
54Copyright Act
Article 98bis
An article used in the commission of an offense or acquired
through the commission of an offense set forth in paragraph 3, Article
91, or paragraph 3, Article 91bis, may be confiscated by the judiciary
police if the offender escapes and is therefore unidentifiable.
The article confiscated pursuant to the preceding paragraph shall
be destroyed, provided that where the confiscated article is money,
that money shall be submitted to the national treasury. The relevant
provisions of the Act for the Maintenance of Social Order shall apply
mutatis mutandis to the procedures of the aforementioned destruction
and submission.  
Article 99
Upon motion by the injured party or another party having the
right to file a complaint, an infringer as set out in Articles 91 through
Articles 93, Articles 95 may be ordered to publish all or part of the
court judgment in a newspaper and bear the costs thereof.
Article 100 
The offenses specified in this chapter are actionable only upon
complaint;  provided,  this  shall  not  apply  to  offenses  specified  in
paragraph 3 of Article 91 and paragraph 3 of Article 91bis.
Article 101
Where  the  representative  of  a  juristic  person,  or  the  agent,
employee, or other servant of a juristic or natural person commits any
of the offenses specified in Articles 91 through Article 93, Article 95
through  96bis  in  the  performance  of  its  duties,  in  addition  to
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punishing the infringer in accordance with the aforesaid articles, such
juristic or natural person shall also be fined in accordance with said
articles.
In circumstances specified in the preceding paragraph, where a
complaint against the infringer or the juristic or natural person is filed
or withdrawn, the effect of such filing or withdrawal shall apply to
the others.
Article 102 
An unrecognized foreign juristic person may file a complaint or
bring a private prosecution against the offenses specified in Articles
91 through Article 93, Article 95 through 96bis.
Article 103 
Upon complaint or information of an infringement of a person's
copyright or plate rights, judicial police officials or judicial police
may seize the infringing articles in accordance with law and refer the
matter for investigation.
Article 104
(deleted)
Chapter VIII    Supplementary Provisions
Article 105
Persons  who apply under this Act for a compulsory license,
recordation of plate rights, recordation of assignment of plate rights,
recordation of trust of plate rights, dispute mediation, inspection of
the register of plate rights , or issuance of a transcript thereof, shall
pay a filing fee.
The amount of the fee referred to in the preceding paragraph
shall be prescribed by the competent authority. 
Article 106
Except as otherwise provided for in this Chapter, this Act shall
apply to works that were completed prior to the implementation date
56Copyright Act
of  the  June  10,  1992  amendment  to  this  Act  where  such  works
comply with any one of the provisions of Articles 106 through 109 of
the Act prior to the January 21, 1998 Copyright Act taking effect.
This Act shall apply to works that were completed after the
implementation date of the June 10, 1992 amendment to this Act.
Article 106bis
Except as otherwise provided under in this Chapter, this Act
shall apply to works that were completed prior to the date on which
the World Trade Organization Agreement took effect in the territory
under the jurisdiction of the Republic of China where such works did
not enjoy copyright under the provisions of the respective versions of
this Act but where the term of protection for economic rights has not
expired in accordance with this Act; provided, this shall not apply to
works  of  foreign  nationals  for  which  the  term  of  protection  has
expired in their country of origin.
The  term  "country of  origin"  as  used  in  the  proviso  of  the
preceding paragraph shall have the meaning ascribed to the term in
Article 5 of the Berne Convention for the Protection of Literary and
Artistic Works (Paris Act 1971).
Article 106ter
Except as otherwise provided for in this Chapter, a person who
began the exploitation of works protected pursuant to the provisions
of the preceding article prior to the date on which the World Trade
Organization  Agreement  took  effect  in  the  territory  under  the
jurisdiction  of  the  Republic  of  China,  or  who  made  significant
investment toward the purpose of such exploitation, may continue to
exploit such works during the two-year period which commences on
the  aforementioned  effective  date  of  said  Agreement,  and  the
provisions of Chapter VI and Chapter VII of this Act shall not apply.
From the implementation of the June 6, 2003 amendment to this
Act,  the  person  exploiting  a  work  pursuant  to  the  preceding
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paragraph, except in circumstances of rental or lending, shall pay to
the  economic  rights  holder  of  the  exploited  work  a  reasonable
compensation for the exploitation such as would normally be paid for
such work through free negotiation.
From one year after the date of promulgation of the amendment
to this Act, an exploiter shall not further sell unauthorized copies of
works protected under the preceding article; provided, it may still
rent or lend them.
The preceding paragraph does not apply to copies of works that
are separately created through exploitation of works protected under
the preceding article; provided that, except as set forth in Articles 44
to 65, the economic rights holder of the exploited work shall be paid
a  reasonable  compensation  for  the  exploitation  such  as  would
normally be paid for such work through free negotiation.
Article 106quater
Exploitation of a derivative work may continue beyond the date
on which the World Trade Organization Agreement took effect in the
territory under the jurisdiction of the Republic of China, where the
preexisting work upon which such derivative work is derived is a
work under Article 106bis, where the completion of the derivative
work occurred prior to the aforementioned effective date, and where
such derivative work was protected under respective versions of this
act; the provisions of Chapter VI and Chapter VII of this Act shall not
apply.
58Copyright Act
From the implementation of the June 6, 2003 amendment to this
Act,  the  person  exploiting  the  derivative  work  pursuant  to  the
preceding paragraph shall pay to the economic rights holder of the
underlying work a reasonable compensation such as would normally
be paid for such work through free negotiation.
The provisions of the preceding two paragraphs shall not affect
the protection of the derivative work.
Article 107
(deleted)
Article 108
(deleted)
Article 109
(deleted)
Article 110
The provisions of Article 13 shall not apply to works completed
and registered prior to the implementation date of the June 10, 1992
amendment to this Act.
Article 111
The provisions of Article 11 and Article 12 shall not apply in the
following situations: 
1.The copyright was obtained pursuant to the provisions of Article
10 or 11 of this Act prior to the implementation date of the June
10, 1992 amendment to this Act.
2.The copyright was obtained pursuant to Article 11 or 12 of this
Act prior to the January 21, 1998 Copyright Act taking effect.
Article 112
Where  the  works  of  foreign  nationals  enjoyed  protection  of
translation rights pursuant to this Act prior to the implementation date
of the June 10, 1992 amendment hereto, translations of such works
59Co
made prior to said implementation date shall no longer be reproduced
after said implementation date without the consent of the holder of
the copyright to such works, unless such exploitation is in conformity
with Articles 44 through Article 65 of this Act.
Copies  of  translations  of  works  referred  to  in the  preceding
paragraph shall no longer be sold after the expiration of the two-year
period  following  the  implementation  date  of  the  June  10,  1992
amendment to this Act.
Article 113
This Act shall apply to plate rights that were obtained prior to
the implementation date of the June 6, 2003 amendment to this Act;
provided, the term of protection calculated pursuant to this Act has
not expired.
Article 114
(deleted)
Article 115
Agreements  for  reciprocal  copyright  protection  signed  by
organizations and agencies of this country and those of a foreign
country shall, upon ratification by the Executive Yuan, be deemed
"agreements" as that term is used in Article 4.
Article 115bis
The  plate  rights  register  or  recordation  log,  and  samples
submitted, shall be made available to the public for inspection and
copying.
Any  copyright  register  or  recordation  log  that  has  been
registered  and  recorded  prior  to  the  implementation  date  of  the
January 21, 1998 amendment to this Act, and any sample thereof that
has  been  submitted,  may  be  made  available  to  the  public  for
inspection and copying.
60Copyright Act
Article 115ter
For the purpose of handling  copyright  litigation, courts  may
establish a specialized court or appoint specialized judges.
The courts shall deliver to the specialized agency in charge of
copyright matters a copy of decisions in copyright litigation cases.
Article 116
(deleted)
Article 117
This  Act  shall  take  effect  from  the  date  of  promulgation,
provided that the provisions of Articles 106bis through 106quater
amended and promulgated on January 21, 1998 took effect from the
date upon which the World Trade Organization Agreement took effect
in the territory under the jurisdiction of the Republic of China, and
the provisions amended on May 5, 2006 took effect from July 1,
2006.
61