Contents  
 1 1.Copyright  Act………………………………… …… ..1  
2.Agreement   for  The  Protection   of  Copyright  
Between   The  Coordination   Council   for  North 
American  Affairs  and The American  Institute  in 
Taiwan …………………………………………… ...65 
3.Copyright  Collective Management Organization  
Act ………… ……………………………………… 85 
4.The Illustrated  Contents  of Each Kind of Works  
in Paragraph  One,  Article   5  of The Copyright  
Act ………………………………………………… 115 
5.Standards  for Compensation  for Fair Use of  
Works in Paragraph  Four,  Article  47 of The 
Copyright  Act …………………………………… 117 
6.The Certain  Amount  in Items  2 and 3 of Para- 
graph  One of Article  87 Bis of The Copyright  
Act  ……………………………………………… 121 
7.Regulations  Governing Implementation of ISP 
Civil Liability Exemption……………… ……… ..123 
8.Regulations  Governing  Application  for Approval  
of Compulsory  License  of Musical  Works and 
Royalties  for Use Thereof ……………………… ..129 
9.Regulations  Governing  Registration  of Plate 
Rights …………………………………………… ..139 
10.Regulations  of Copyright  Dispute  Mediation …149 
11.Implementation  Regulations  for Suspension  of Copyright Act & Related Laws  
 2 Release  of Goods  Infringing  on Copyright  or 
Plate Rights  by Customs  Authorites  …..…… .. 155 
12.Standards  for Application  Fees  Related  to  
Copyright  Affairs   …………………………… .159 
13.Regulations  for Copyright  Collective Manage - 
ment  Organization  Fees  …… ……… ..………… 161 
14.Directions  Defining The Content of The Subpa - 
ragraphs  of Paragraph  3 of Article 80 -2 of The  
Copyright  Act ……………………………… … 163 
15.Organization  Regulations  for The Copyright  
Review  and Mediation  Committee  of The Intel - 
lectual  Property  Office, Ministry of Economic  
Affairs  ………………………………………… . 185 
16.Public  Announcement  by The Ministry of Eco - 
nomic Affairs ………………………………… …191 
17.Regulations  Governing  Registration  and Re- 
view of Pledges  of Copyright  ………………… 193 
18.Regulations Governing Applicatio n for Appro - 
val of License  of Works of unknown  Owner of  
Copyr ights and Royalties for Use Thereof ……197  
19.Regulations  for Application  Fee Concerning  
Registration of P ledges  of Copyright  ………… 203 
20.Regulations  for Application  Fee Concerning 
Licensing  of Works for The Use of Works  of 
Unknown Owner of Copyrights  ……………… 205 Copyright Act  
 - 1 - 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 2 2-29 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 a mended 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 Ar ticle 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 Copyright Act & Related Laws  
 - 2 - 87000126405.  
11.Article s 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 promulga ted, 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 the reof 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 2 006 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 .  Copyright Act  
 - 3 - 17.Articles 37, Chapter V ( chapter name), 81, and 82 amended and 
promulgated on 1 0 February 201 0 by Presidential Order No. 
Hua-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 an d promulgated on 30 November  2016 by 
Presidential Order No. Hua -Zong -(1)-Yi-Zih 1050014 6961 . 
 
Chapter I    
 General Principles  
Article 1  
This Act is specifically enacted for the purposes of protecting 
the rights and inter ests 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 c ompetent 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.  
Article 3  
For the purposes of this Act the following definitions  shall 
apply : Copyright Act & Related Laws  
 - 4 - 1."Wor k" 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 complet ed work.  
4."The public" or "a p ublic" means unspecified persons or multiple 
specified persons ; provided, t his 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 tempora rily 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 duri ng their performance or broadcast , and also includes the 
construction of a n 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."Pu blic 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 perso n 
other than the original broadcaster.  
8."Public presentation" means to use single - or multiple -unit Copyright Act  
 - 5 - audiovisual devices, or other methods of transmitting images, to 
simultaneously communicate the content of a work to the public at 
the place of transmissio n 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 
preexi sting 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."Publi c display" means to display the content of a work to the 
public.  
14."Publication" means distribut ion 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, Copyright Act & Related Laws  
 - 6 - presentation, recitation, performance, display, or other means.  
16."The original" or "an original" means the object to which a work 
is first fixed.  
17."Electronic right s 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, device s, 
component s, technology or other tec hnological means employed 
by copyright owners to effectively pr ohibit or restrict others from 
accessing or exploiting works without authorization.  
19. "Internet service provider" means those who provide the 
following services:  
(1) Connection service  provid er: 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 tra nsient 
storage of information in the co urse 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 networ k controlled or operated by the service provider, 
for purpose s of providing accelerated access to the information 
by users who  subsequently request transmission of the 
information.  Copyright Act  
 - 7 - (3) Information storage service provider: those who provide 
information st orage 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 provid e 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 
video cassete s or video discs are presente d, 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 act s, 
regulation s, or standard practice of the home country  of the forei gn Copyright Act & Related Laws  
 - 8 - national, works of persons of the Republic of China enjoy 
copyright in such country.  
Chapter II  Works  
Article 5  
For the  purposes of this act, "works" shall include the following:  
1.Oral and literary works.  
2.Musical works.  
3.Dramatic and choreographic works.  
4.Artistic work s. 
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 sh all 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 Copyright Act  
 - 9 - 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 mate rial was selected and arranged.  
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 d ocuments.  
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 f or news reports  that are  intended strictly  to 
communicat e facts.  
5.Test q uestions and alternative test questions from all kinds of 
examinations held pursuant to acts or regulations.  Copyright Act & Related Laws  
 - 10 - The term "official documents" in the first subparagraph of the 
preceding p aragraph includes proclamations, text of speeches, news 
releases , and other documents prepared by civil servants in the course 
of carrying out their duties.  
Chapter III    Authors and Copyright  
Section 1   General Provisions  
Article 10  
The author of a work  shall enjoy copyright upon completion of 
the work; provided, where this Act provides otherwise, such 
provisions shall govern.  
Article 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, 
procedure s, production process es, system s, method s of operation, 
concept s, principle s, 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.  Copyright Act  
 - 11 - The term "employee" in the preceding two paragraph s 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 stipulat ion 
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 d ate and place of 
publication  of a work  as well as the ownership of economic rights  
therein . Copyright Act & Related Laws  
 - 12 - 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 c onsented to the public release of the work:  
1.Where, prior to publicly releasing its work, the author has 
transferred, or licensed to exploit, the economic rights to the work, 
and the work is publicly released as a consequence of the exercise 
or exploitati on 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 thes is 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 Copyright Act  
 - 13 - 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 pr eceding 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 add ition would deviate from 
commonly accepted practices.  
Whe re 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 omitte d. 
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 damag ing 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 Copyright Act & Related Laws  
 - 14 - 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 sha ll not refuse consent 
without a legitimate reason.  
Authors of a joint work may select an author from among the 
joint authors to be their representative for the purpose of exercising 
moral rights.  
Limitations imposed on the representative powers of the 
representative referred to in the preceding paragraph shall not be 
effective against a third party acting in good faith.  
Article 20  
The original of a work that has not been publicly released and 
the economic rights therein shall not be the object of compulsory  
execution unless they are the object of a trade or the principal has 
given its consent . 
Article 21  
Moral rights belong exclusively to the author and shall not be 
transferred or succeeded.  Copyright Act  
 - 15 - Section 4   Economic Rights  
Subsection 1  Categories of Economic Ri ghts 
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 provi sions 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 
trans mission , 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" 
include s 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 otherw ise provided in this Act, authors have the 
exclusive right to publicly broadcast their works.  
The provisions of the preceding paragraph shall not apply to Copyright Act & Related Laws  
 - 16 - further public broadcasts of a performance after that performance has 
been reproduced or publicly br oadcast.  
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 righ t 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 unpubl ished fine arts or photographic works have the 
exclusive right to publicly display the original and copies of their Copyright Act  
 - 17 - works.  
Article 28  
Authors of works have the exclusive right to adapt their works 
into derivative works or to compile their works into compi lation 
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 the ir 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 
exclusiv e enjoyment of the rights set out in the provisions of Articles 
22 through 29.  Copyright Act & Related Laws  
 - 18 - 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 afte r the author's 
death.  
Where a work is first publicly released between the fortieth and 
fiftieth year s after the author's death, the economic rights shall endure 
for a term of ten years beginning from the time of the first public 
release.  
Article 31  
Economi c rights in a joint work subsist for fifty years after the 
death of the last surviving author.  
Article 32  
Economic rights in a pseudonym ous work or an anonymous 
work endure for fifty years from the time of public release; provided, 
the economic rights shal l 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 aut hored 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 
completio n of the creation.  Copyright Act  
 - 19 - 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 th e 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 f or works released to the 
public continuously or successively  is calcul ated on the basis of the 
date of the public release of the work , if each public release can 
constitute an independent work, the term of economic rights of each 
work shall be calculated from the date of each public release; if each 
public release cannot con stitute 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 r eleased 
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 Ri ghts 
Article 36  
Economic rights may be transferred in whole or in part to 
another person and may be jointly owned with other persons.  Copyright Act & Related Laws  
 - 20 - The transferee of economic rights obtains economic rights 
within the scope of the transfer.  
The scope of the transfer of t he economic rights shall be as 
stipulated by the parties; rights not clear ly 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, con tent, 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 s hall not be 
affected by subsequent assignment or further licensing of economic 
rights by the economic rights holder.  
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 
circums tances except for works subject to the management of 
copyright collective management organizations:  Copyright Act  
 - 21 - 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 transmissio n 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 eco nomic 
rights holder may exercise the economic rights to the work.  
Article 40  
In the case of a joint work, each author's share of the ownership 
of such a work shall be as stipulated by the joint authors; where no  
stipulation has been made , ownership shares shall be determined 
according to the degree of each author's creative contribution. Where 
the degree of each author's creative contribution is not clear, it shall 
be presumed that each author owns an equal share.  
Where an author of a joint work abandons it s share of the 
ownership of the work, that share shall be apportioned among the 
other joint authors in proportion to their respective shares.  Copyright Act & Related Laws  
 - 22 - 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 t he preceding article shall 
apply mutatis mutandis to joint ownership of economic rights.  
Article 41  
Where an economic rights holder makes a submission to a 
newspaper or magazine, or licenses the public broadcast of the work, 
it shall be presumed, unless ot herwise  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 ext inguished upon expiration of the term of 
protection. Economic rights are also extinguished where any of the Copyright Act  
 - 23 - 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 ma y 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 i s conside red 
necessary for internal reference for the purpose of legislation or 
administration ; provided, this shall not apply where  such 
reproduction would prejudice the interests of the economic rights 
holder  due to the type and use of the work and the volume and  
method of reproduction.  
Article 45  
Within a reasonable scope, and for the sole purpose of use 
necessary to judicial proceedings, the works of another person may 
be reproduced.  
The proviso of the preceding article shall apply mutatis 
mutandis to the circum stances set forth in the preceding paragraph.  Copyright Act & Related Laws  
 - 24 - Article 46  
Within a reasonable scope, and where necessary for the purpose 
of teaching in schools, all levels of legally established schools and 
their teachers may reproduce the works of another person which hav e 
already been publicly released.  
The proviso of Article 44 shall apply mutatis mutandis to the 
circumstances set forth in the preceding paragraph.  
Article 47  
Within a reasonable scope , and for the purpose of preparing 
pedagogical texts for which review an d approval by an education 
administrative agency is required by act or regulation, or where an 
education administrative agency prepares pedagogical texts itself, the 
works of another person that have been publicly released may be 
reproduced, adapted , or co mpiled.  
The provisions of the preceding paragraph shall apply mutatis 
mutandis to the preparation of supplementary teaching aids which are 
ancillary to the aforesaid textbooks and which are exclusively 
provided to teachers for teaching purposes; provided, this shall be 
limited to editing by the preparer of such textbooks.  
Within a reasonable scope and for the purpose of meeting 
education al needs , all levels of legally established schools and 
educational institutions may publicly broadcast the works of anoth er 
person that have been publicly released.  
In the circumstances set forth in the preceding three paragraphs 
the exploiter of the work shall notify the economic rights holder and 
pay compensation for use. The level of compensation shall be set by 
the compe tent authority.  Copyright Act  
 - 25 - Article 48  
Libraries, museums, history museums, science museums, art 
museums , and other cultural institutions open to the public may 
reproduce works in their collections in any of the following 
circumstances:  
1.Where a patron requests repro duction of a part of a work that has 
been publicly released, or a single article from a seminar paper or 
a single article from a periodical that has been publicly released , 
provided that the copy is for personal research purposes  and is 
limit ed to one copy  per person.  
2.Where necessary to preserve materials.  
3.Where the w orks in question are out of print or difficult to 
purchase , and have been request ed by  another similar institute.  
Article 48bis  
Central or local government agencies, educational agencies th at 
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, " wher e the author has obtained a degree.  
2.Academic papers published in periodicals.  
3.Research reports or c ollection s of seminar papers that have been 
publicly released.  
Article 49  
When reporting current events by means of broadcasting, Copyright Act & Related Laws  
 - 26 - photography, film, ne wspaper, 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, 
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 t o 
the disabled persons or their guardians referred to in the preceding Copyright Act  
 - 27 - 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 examina tion 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 di rectly or indirectly collected from the 
viewers or listeners, and no compensation is given to the performers.  
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 Copyright Act & Related Laws  
 - 28 - 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 a n 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 para graph 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 o ther 
outdoor locales open to the public, may be exploited by any means 
except under the following circumstances:  
1.Reproduction of a building by construction of another building.  
2.Reproduction of a work of sculpture by production of another 
sculpture.  
3.Reproduction for the purpose of long -term public display in Copyright Act  
 - 29 - 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 original s of works and lawful copies of works may 
rent such original works or copies; prov ided, this shall not apply to 
sound recordings and computer programs.  
The proviso of the preceding paragraph shall not apply to copies 
of computer programs incorporated in products, machinery , or 
equipment to be legally rented, where such copies do not con stitute 
the essential object of such rental.  Copyright Act & Related Laws  
 - 30 - 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 radi o 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 st atements 
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 s peeches 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, Artic le 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 provi sions 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.  Copyright Act  
 - 31 - Article 64  
A person who exploits the work of another person pursuant to 
the provisions of Articles 44 thro ugh 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 
paragrap h 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 whe ther 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.  Copyright Act & Related Laws  
 - 32 - Where the copyright owner organization and the exploiter 
organization have formed an agreement on the scope of the fair use of 
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 explo itation, and other requisite Copyright Act  
 - 33 - 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.  
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 
misrepresen tations.  
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 7 2 
(deleted)  
Article 73  
(deleted)  
Article 74  
(deleted)  
Article 75  
(deleted)  
Article 76  
(deleted)  Copyright Act & Related Laws  
 - 34 - 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 extinguishe d, a plate maker 
who arranges and prints the said literary work, or in the case of an 
artistic work, a plate maker who photocopies, prints , or uses a similar 
method of reproduction and first publishes such reproduction based 
on such original artistic work,  and duly records it in accordance with 
this Act, shall have the exclusive right to photocopy, print , or use 
similar methods of reproduction based on the plate.  
The rights of the plate maker shall subsist for ten years from the 
time the plate is completed.  
The last day of the term of protection referred to in the 
preceding paragraph shall be the last day of the last year of such 
term.  
Assignment or placement in trust of plate rights shall not be 
effective against third parties unless it has been recorded.  
The regulations governing recordation of plate rights, 
recordation of assignment, recordation of trust, and other requisite 
matters shall be prescribed by the competent authority.  
Article 80  
The provisions of Article 42 and Article 43 concerning the Copyright Act  
 - 35 - extingu ishment of economic right s, 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 right s, shall apply 
mutatis mutandis to plate rights.  
Chapter IVbis   El ectronic Rights Management Information  
and Technological Protection Measures  
Article 80 bis 
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 circumstan ces:  
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 neces sary to 
conversion of a recording or transmission system.  
Whoever knows that electronic rights management information 
of a work has been unlawfully removed or altered shall not distribute 
or, with intent to distribute, import or possess the original or an y 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 Copyright Act & Related Laws  
 - 36 - measures shall not, without legal aut horization, 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 perfo rm security testing of computers or networks.  
7.Where to conduct encryption research.  
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 circ umstances specified by the competent authority.  
The content in the subparagraphs of the preceding paragraph 
shall be prescribed and periodically reviewed by the competent 
authority.  Copyright Act  
 - 37 - Chapter V Copyright Collective Management Organizations and 
Copyright Revi ew 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 a nd 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 superv ision 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 compe nsation 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.  
3.Mediation of disputes concerning copyright or plate rights.  
4.Othe r consultation in connection with copyright examination and 
mediation.  
Dispute mediation referred to in subparagraph 3 of the preceding Copyright Act & Related Laws  
 - 38 - paragraph, when involving criminal matters, shall be limited to cases 
actionable only upon complaint.  
Article 82bis  
With in 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 mediati on 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 prosecutio n or 
action with respect to the mediated matter.  
A civil mediation settlement ratified by a court as referred to in 
the preceding paragraph shall have the same force as a final and 
unappealable court judgment in a civil case. With respect to a 
criminal med iation 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 Copyright Act  
 - 39 - statement shall constitute a writ of execution.  
Article 82 quater  
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 o f 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 fir st 
instance, and where the part ies 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 invali dation or voidance of a 
civil mediation settlement after ratification by a court, the parties may 
file an action with the original ratifying court to invalid ate 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 
conce rning dispute mediation , shall be drafted by the competent 
authority and promulgated after review and approval by the 
Executive Yuan.  Copyright Act & Related Laws  
 - 40 - 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-pecuniar y 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  Copyright Act  
 - 41 - Article 87  
Any of the following circumstances, except as otherw ise 
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 w ithout 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 
renta l, articles that are known to infringe on economic rights; or 
public display or possession, with the intent to distribute, of 
articles that are known to infringe on economic rights.  
7.To provide to the public computer programs or other technology 
that can be used to publicly transmit or reproduce works, with the 
intent to allow the public to infringe economic rights by means of 
public transmission or reproduction by means of the Internet of 
the works of another, without the consent of or a license from the 
economic rights holder, and to receive benefit therefrom.  
A person who undertakes the actions set out in subparagraph 7 Copyright Act & Related Laws  
 - 42 - above shall be deemed to have "intent" pursuant to that subparagraph 
when the advertising or other active measures employed by the 
perso n instigates, solicits, incites, or persuades the public to use the 
computer program or other technology provided by that person for 
the purpose of infringing upon the economic rights of others.  
Article 87bis  
The provisions of subparagraph 4 of the precedi ng 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 ins titutions, 
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 relig ious 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 o f 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 ar riving from outside the 
territory.  
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 Copyright Act  
 - 43 - 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 provi sions 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 duri ng 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 manua l 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 r ights or plate rights out of  intention or negligence shall be 
liable for damages. Where multiple person s 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 th e amount of 
expected benefit from the exercise of such rights under normal 
circumstances and the  amount of benefit from the exercise of the Copyright Act & Related Laws  
 - 44 - same rights after the infringement.  
2.Based on the amount of benefit obtained by the infringer on 
account of the inf ringing 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 pa rty 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 T aiwan 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 inju red party may request the destruction or 
other necessary disposition of goods produced as a result of the 
infringing act , or of articles  used predominant ly 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 Copyright Act  
 - 45 - damages and knows the identity of the obligor, or within ten years of 
the occurrence of the infringement.  
Article 90  
Each holder of copyrights in a joint work may , pursuant to the 
provi sions of this chapter , separately demand remedies from the 
infringer , and may also claim damages based on its share of  copyright 
ownership . 
The provision s of the preceding paragraph shall apply mutatis 
mutandis to joint holders of economic rights and plate  rights that 
arise out of other relations hips. 
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 r eferred 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 Copyright Act & Related Laws  
 - 46 - to the customs authorities for p ermission to inspect the attached 
goods.  
Attached goods shall be confiscated by the customs authorities 
where the applicant has obtained a final and unappealable civil 
judgment determining that the goods infringe on copyright or plate 
rights. The owner of the attached goods shall be held liable for such 
costs as container demurrage, warehousing , loading , unloading, as 
well as for expenses connected with destruction of the goods.  
If the expenses connected with destruction of the goods referred 
to in the prec eding 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, a n 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 det ermined 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 app licant 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 Copyright Act  
 - 47 - 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 obt ained a final and unappealable judgment in its 
favor or because the applicant has reached a settlement with the 
party whose goods were  attached . 
2.The attachment order has been rescinded and the applicant can 
prove that at least the required twenty days ha ve 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 Copyright Act & Related Laws  
 - 48 - release the goods forthwith.  
Where the goods ar e determined to be suspected infringing 
goods, customs shall take measures to suspend the release of the 
goods.  
If within three business days after customs has taken measures 
to suspend the release of the goods the rights holder has not applied 
to customs for attachment under paragraphs 1 to 10, or has not 
initiated civil or criminal litigation procedure to protect the rights, 
and if there is no violation of other customs clearance regulations, 
customs shall release the goods forthwith.  
Article 90ter  
The im plementing 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 caus ing damage to the copy right owner, shall be liable for 
damage s. 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 Copyright Act  
 - 49 - 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 informatio n regarding its contact window for 
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 
techni cal measures which have been developed based on a broad 
consensus and are used to identify or protect copyright ed or 
plate -right ed 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 Copyright Act & Related Laws  
 - 50 - 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 provid er. 
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 
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 infr ingement 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 n ot have knowledge of the allegedly infringing activity of Copyright Act  
 - 51 - 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 
alleged ly 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 
infringing act ivity of the user; and  
3.responds expeditiously  to remove, or disable access to, the 
alleged ly 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 use r 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.  Copyright Act & Related Laws  
 - 52 - 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 describ ed 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 fro m the i nformation 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 
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 90 undecies  
An Internet service provider shall not be liable for damages to 
the allegedly infri nging user if the service provider —  
1.removes, or disables access to, the allegedly infringing content or 
related information in accordance with Articles 90septies to Copyright Act  
 - 53 - 90novies; or  
2.upon obtaining knowledge of suspected infringement by the user, 
acts in g ood faith belief to remove, or disable access to, the 
allegedly infringing content or related information.  
Article 90duodecies  
A person who misre presents a n Internet  service provider with a 
notification or counter notification out of intention or negligenc e 
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 90quinq uies, 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     Pe nal Provisions  
Article 91  
A person who infringes on the economic rights of another 
person by means of reproducing the work  without authorization shall 
be punished by imprison ment for not more than three years, detention, 
or in lieu thereof or in addition t hereto  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 Copyright Act & Related Laws  
 - 54 - 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 reproduc ing 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 referenc e 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 
imprison ment 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 po ssesses 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 perso n who commits the offense in the preceding paragraph 
and the infringing copy is optical disk shall be imprisoned not less 
than six months and not more than three years and, in addition thereto, 
may be fined not less than two hundred thousand and not more t han 
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 paragraph s may Copyright Act  
 - 55 - be reduced if the offender confesses the source of the g oods, 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, publi c display, adaptation, compilation, or leasing, shall 
be punished by imprison ment 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 r ights 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 thi s shall not apply to offenses as referred to in 
paragraph 2 or paragraph 3 of Article 91bis.  
4.Violations of subparagraph  7 of paragraph  1 of Article 87.  
Article 94  
(deleted)  Copyright Act & Related Laws  
 - 56 - Article 95  
A person who violates any provision of Article 112 shall be 
punished b y 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 Tai wan 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 A rticle 80ter.  
Article 96ter  
If a fine is to be imposed pursuant to the provisions of this 
Chapter, the financial ability of the offender and the benefit he /she 
has obtained through commission of the offense shall be taken into 
account. If the benefit obtained exceeds the maximum fine, such fine 
may be increased within the limit of the obtained benefit.  
Article 97  
(deleted)  Copyright Act  
 - 57 - 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, i t 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 activ ities 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 th e 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.   
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 
polic e 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 rel evant 
provisions of the Act for the Maintenance of Social Order shall apply Copyright Act & Related Laws  
 - 58 - mutatis mutandis to the procedure s of the aforementioned destruction 
and submission.   
Article 99  
Upon motion by the injured party or another party having the 
right to file a compl aint, 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 upo n 
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 pe rson commits any 
of the offenses specified in Articles 91 through Article 93, Article 95 
through 96bis in the performance of its duties, in addition to 
punishing the infringer in accordance with the aforesaid articles, such 
juristic or natural person shall  also be fined in accordance with said 
articles.  
In circumstances specified in the preceding paragraph, where a 
complaint against the infringer or the juristic or natural person is filed 
or withdrawn, the effect of such filing or withdrawal shall apply to 
the others.  
Article 102  
An unrecognized foreign juristic person may file a complaint or 
bring a private prosecution against the offenses specified in Articles 
91 through Article 93, Article 95 through 96bis.  Copyright Act  
 - 59 - Article 103  
Upon complaint or information of a n 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 Provis ions 
Article 10 5 
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 issu ance of a transcript thereof, shall 
pay a filing fee.  
The amount of the fee referred to in the preceding paragraph 
shall be prescribed by the competent authority.  
Article 106  
Except as otherwise provided for in this Chapter, this Act shall 
apply to works that were completed prior to the implementation date  
of the June 10, 1992 amendment to this Act  where such works 
comply with any one of the provisions of Articles 106 through 109 of 
the Act prior to the January 21, 1998 Copyright Act taking effect . 
This Ac t shall apply to works that were completed after the 
implementation date  of the June 10, 1992 amendment to this Act. Copyright Act & Related Laws  
 - 60 - Article 106bis  
Except as otherwise provided under in this Chapter, this Act 
shall apply to works that were completed prior to the date on w hich 
the World Trade Organization Agreement t ook 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 f or 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 th e 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 a pply.  
From the implementation of the June 6, 2003 amendment to this  
Act, the person exploiting a work pursuant to the preceding 
paragraph , except in circumstances of rental or lending,  shall pay to 
the economic rights holder of the exploited work a reasona ble 
compensation for the exploitation such as would normally be paid for Copyright Act  
 - 61 - such work through free negotiation.  
From one year after the date of promulgation of the amendment 
to this Act, an exploiter shall no t further sell unauthorized copies of 
works protect ed 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 se t 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 derivativ e 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 occur red prior to the aforementioned effective date, and where 
such derivative work was protected under respective versions of this 
act; the provisions of Chapter VI and Chapter VII of this Act shall not 
apply.  
From the implementation of the June 6, 2003 amendment to this 
Act, the person exploiting the derivative work pursuant to the 
preceding paragraph shall pay to the economic rights holder of the 
underlying work a reasonable compensation such as would n ormally 
be paid for such work through free negotiation.  
The provisions of the preceding two paragraphs shall not affect 
the protection of the derivative work.  Copyright Act & Related Laws  
 - 62 - Article 107  
(deleted)  
Article 108  
(deleted)  
Article 109  
(deleted)  
Article 110  
The provisions of A rticle 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 th is 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 th is 
Act prior to the January 21, 1998 Copyrigh t Act taking effect . 
Article 112  
Where the works of foreign nationals enjoyed protection of 
translation rights pursuant to this Act prior to the implementation date 
of the June 10, 1992 amendment hereto, translations of such works 
made prior to said implem entation 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 Article s 44 through Article 65 of this Act.  Copyright Act  
 - 63 - Copies of translations o f 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 obta ined 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 sample s 
submi tted, 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 t hat 
has been submitted , may be made available to the public for 
inspection  and copying . Copyright Act & Related Laws  
 - 64 - 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 106qua ter 
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.Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 65 - AGREEMENT  FOR  THE  PROTECTION  
OF COPYRIGHT  BETWEEN  THE 
COORDINATION  COUNCIL  FOR  NORTH 
AMERICAN  AFFAIRS  AND  THE 
AMERICAN  INSTITUTE  IN TAIWAN  
Approved by the Legislative Yuan on April 22, 1993. Signed 
and effectuated on July 16, 1993. Recon firmed by Executive Yuan 
on August 11, 1993. Document No.: Foreign Affairs 28908.  
The Coordination Council for North American Affairs 
(CCNAA), and the American Institute in Taiwan (AIT), in order 
to promote extensive, close and friendly commercial, cultura l, and 
other relations and desiring to facilitate the expansion of 
commerce on a non -discriminatory basis, have established this 
Agreement to enhance the rights of authors and other copyright 
owners without impairing any protection in their works enjoyed 
by virtue of any prior agreements or other arrangements.  
Article 1  
(1)The AIT and the CCNAA, as Parties to this Agreement, 
undertake to provide for and to maintain in the domestic 
legislation of their respective authorities and under this 
Agreement the adeq uate and effective rights of authors and 
other copyright proprietors in their literary and artistic works.  
(2)"Territory" shall describe the area under the jurisdiction of the 
authority of either Party to this Agreement as the context may 
require.  
(3)A "pr otected person" shall mean:  Copyright Act & Related Laws  
 - 66 - (a)An individual or juridical person who under the laws of 
either territory would be considered a citizen or national of 
that territory, and  
(b)An individual or juridical person who first publishes his or 
her works in the territ or. 
(4)In the territories represented by the Parties, each of the 
following also shall be deemed a "protected person" upon the 
fulfillment of the conditions set out in the proviso following 
paragraph (b) below:  
(a)A person or entity identified in paragraph  (3) (a) above; and  
(b)A juridical entity wherever located which is directly, or 
indirectly controlled by, or where a majority of the shares or 
other proprietary interest is owned by, a person or entity 
identified in paragraph (3) (a) above.  
A person or en tity designated in paragraph (4) shall be 
considered a protected person to the extent that he owns, by way 
of any written agreement signed by the parties thereto, exclusive 
right(s) in a literary or artistic work in the territories represented 
by the Parti es provided that:  
(a)The ownership of such right(s) was acquired by way of any 
written agreement signed by the parties thereto, within one 
year following the first publication of the work in a country 
that is party to a multilateral copyright convention to  which 
the territory represented by either Party belongs; and  
(b)The work has been made available to the public in the 
territory represented by either Party.  Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 67 - For the purposes of paragraph (4) indirect control means 
control exercised through subsidiaries or  affiliates wherever 
located.  
(5)Full copyright protection will be provided in the territory 
represented by AIT to protected persons of the territory 
represented by CCNAA for such exclusive rights in literary 
and artistic works upon the condition that such  works are first 
published in a territory that is party to an international 
copyright convention to which the territory represented by AIT 
adheres.  
(6)Authors and other copyright owners who have their habitual 
residence in one of the territories represente d by either Party to 
this Agreement shall, for the purposes of this Agreement, be 
assimilated to protected persons of that territory.  
(7)Notwithstanding the provisions of paragraphs (3) (b) and (6) 
above, if a territory not a Party to this Agreement does n ot 
protect works of protected persons of the territory represented 
by CCNAA first published in the non -party's territory, 
protection accorded to the works of such citizens, nationals, or 
juridical entities of that non -Party territory shall be restricted 
by the authorities of the territory represented by CCNAA in a 
corresponding manner.  
Article 2  
(1)The expression "literary and artistic works" shall include every 
original production in the literary, scientific, and artistic 
domain, whatever may be the mode o r form of its expression, 
including books, pamphlets, computer programs and other 
writings; lectures, addresses, sermons and other oral works; 
dramatic or dramatico -musical works; choreographic works; 
musical works with or without words; sound recordings; Copyright Act & Related Laws  
 - 68 - motion pictures fixed in any form including videotape; 
pictorial works; artistic works; photographic works; maps; 
scientific -technological or engineering design drawings; 
translations; compilations; and other works. The categories of 
such works shall be de termined by the applicable laws of each 
territory.  
(2)Whether all or specific categories of literary and artisic works 
must be fixed in some material form in order to be protected 
will be determined according to the laws of each territory.  
(3)Without preju dice to the copyright in the original work, and 
except as otherwise provided in this Agreement, translations, 
adaptations, arrangements of musical works and other 
alterations of a literary or artistic work shall be independently 
protected in accordance wit h this Agreement and the laws of 
each territory.  
(4)It shall be a matter for the legislation in each territory to 
determine the protection to be granted to official texts of a 
legislative, administrative and legal nature, and to official 
translations of su ch texts.  
(5)Collections of lietrary or artistic works or compilations of 
other preexisting materials which, by reason of the selection 
and arrangement of their contents, constitute intellectual 
creations such as directories, encyclopedias, and anthologies , 
regardless of their means of fixation and reproduction whether 
in print or analogous form or in electronic media, shall be 
independently protected; however such protection shall not 
affect the copyright, if any, in any works forming part of such 
collecti ons or compilations.  
(6)The works mentioned in this Article shall enjoy copyright Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 69 - protection in each territory represented by a Party to this 
Agreement. This protection shall operate for the benefit of the 
author and his or her successors in title.  
Article  3 
(1)The protection of this Agreement shall apply to works created 
by proteced persons of one of the territories represented by a 
Party to this Agreement, for their works, whether published or 
not. 
(2)The expression "published works" means works published  with 
the consent of their authors, whatever may be the means of 
manufacture of the copies, provided that the availability of 
such copies has been such as to satisfy the reasonable 
requirements of the public, having legard to the nature of the 
work. Provid ed further that, the performance of a dramatic, 
dramatico -musical, cinematographic or musical work, the 
public recitation of a literary work, the communication by wire 
or the broadcasting of literary and artistic works and the 
exhibition of a work of art s hall not constitute publication.  
(3)A work shall be considered as having been first published in 
the territory represented by a Party to this Agreement if it has 
been published there within thirty days of its first publication 
anywhere else.  
Article 4  
(1)In respect of literary and artistic works for which they are 
protected persons under this Agreement, authors and other 
copyright owners shall enjoy in the territory represented by 
either of the Parties to this Agreement, the rights which their 
respective la ws do now or may hereafter grant to their 
protected persons consistent with the terms of this Agreement Copyright Act & Related Laws  
 - 70 - and in accordance with their respective laws.  
(2)The enjoyment and the exercise of these rights shall not be 
subject to any formality; such enjoyment an d such exercise 
shall be independent of the existence of protection in the 
territory of origin of the work. The extent of protection and the 
means of redress afforded to such protected persons hereunder 
to protect their rights shall be consistent with the terms of this 
Agreement and governed by the laws of the territory where 
protection is claimed.  
(3)Upon compliance with procedural measures, if any, not 
precluded by (2) above, and concerned with enforcement of 
the rights embodied in this Agreement in each territory, the 
author or copyright owner and his or her assignees and 
exclusive licensees shall be entitled to institute in that territory 
infringement proceedings and to secure effective criminal or 
customs enforcement of the rights embodied in this Agree ment 
and in accordance with the laws of the territories represented 
by the Parties to this Agreement.  
(4)Such procedural measures, if imposed, shall:  
(a)be applied equally to all protected persons; and  
(b)be implemented by regulations and instructions publ ished so 
as to be readily available to applicants.  
(5)The territories represented by the Parties to this Agreement 
shall afford to the works of a protected person, in a suit 
brought to enforce the rights provided in the domestic law of 
either territory, a presumption that if the name of such person 
or the date or place of publication appears on copies of the 
work, such person is the author or copyright owner, as the case 
may be, and such date or place represents the facts with Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 71 - respect thereto until the cont rary is proved.  
Article 5  
(1)The term of protection shall be no less than the file of the 
author and fifty years after his or her death.  
(2)In the case of works not authored by a natural person, the term 
of protection shall expire no less than fifty years after the date 
of creation or first publication of the work, whichever expires 
first. 
(3)If, however, on the date on which this Agreement comes into 
effect,the legislation of the territory represented by a Party to 
this Agreement has established periods of  protection for 
certain categories of works as from the day of creation or the 
day of first publication, they may maintain this exception and 
apply it to works created after the Agreement comes into effect. 
The period of protection for such categories of w orks may not 
be less than fifty years after the day of completion.  
(4)In the case of a work of joint authorship, the term shall be 
measured from the death of the surviving author.  
Article 6  
Authors of literary and artistic works proteced under this 
Agreeme nt shall enjoy the exclusive right of making and of 
authorizing the translation of their works throughtout the term of 
protection of their rights in the original works except as otherwise 
provided in this Agreement and the Appendix which is an integral 
part of this Agreement.  
Article 7  Copyright Act & Related Laws  
 - 72 - (1)Except as otherwise provided in this Agreement, authors of 
literary and artistic works protected by this Agreement shall 
have the exclusive right of authorizing the reproduction of 
these works, in any manner or form.  
(2)An y sound or visual recording of any such work shall be 
considered as a reproduction for the purposes of this 
Agreement.  
Article 8  
(1)Authors of dramatic works, dramatico -musical works, musical 
works, and sound recordings for which they are protected 
persons  hereunder shall enjoy the exclusive right of 
authorizing:  
(i)the public performance of their works, including such public 
performance by any means or process; or  
(ii)any communication to the public of the performance of their 
works.  
(2)The law of the terr itory represented by either Party may limit 
or not extend rights of public performance, public communi - 
cation, or broadcasting to sound recordings, notwithstanding 
the provisions of this Article and Article 9.  
(3)For the purpose of this Article and Articl es (9) and (10) to 
perform or present a work in "public" shall mean:  
(a)to perform or present it in a place open to the public or at 
any place where a substantial number of persons outside of 
a normal circle of a family and its social acquaintances is 
gathered; or  Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 73 - (b)to communicate, or transmit a performance or presentation 
of a work in any form or by means of any device or process 
to a place specified in clause (a) or to the public, regardless 
of whether the members of the public capable of receiving 
such communications receive them in the same or separate 
places and at the same time or at different times.  
Article 9  
(1)Except to the extent otherwise provided in paragraphs (2) and 
(3) of this Article, authors of literary and artistic works 
protected under th is Agreement shall enjoy the exclusive right 
of authorizing:  
(i)the broadcasting of their works or the communication thereof 
to the public by any other means of wireless diffusion of 
signs, sounds or images;  
(ii)any communication to the public by wirw or b y 
rebroadcasting of the broadcast of the work, when this 
communication is made by an organization other than the 
original one;  
(iii)the public communication by loudspeaker or any other 
analogous instrument transmitting, by signs, sounds or 
images, the broa dcast of the work;  
(iv)the exercise of the foregoing rights in the territory 
represented by a Party to this Agreement shall be in 
accordance with the legislation of that territory.  
(2)The rights of authors and copyright owners in works to 
authorize cable r etransmission of broadcasts may be limited to 
right of remuneration notwithstanding the provisions of this 
Article. Such limitations shall apply only in the territories Copyright Act & Related Laws  
 - 74 - where they have been prescribed, and shall be accompanied by 
detailed laws and regulati ons that provide strong safeguards, 
including notification of the copyright owner and effective 
opportunity to be heard, mechanisms to ensure prompt 
payment and remittance of royalties consistent with those that 
would be negotiated on a voluntary basis.  
(3)It shall, however, be a matter for legislation in the territory 
represented by each Party to this Agreement to determine the 
regulations for ephemeral recordings made by a broadcasting 
organization by means of its own facilities and used for its 
own broad casts. The preservation of these recordings in 
official archives may, on the ground of their exceptional 
documentary character, be authorized by such legislation.  
Article 10  
Authors of literary and artistic works for which they are 
protected persons hereun der shall enjoy the exclusive right of 
authorizing:  
(i)the public recitation of such works, including such public 
recitaion by any means or process;  
(ii)any communication to the public of the recitation of such 
works.  
Article 11  
Authors of literary or arti stic works for which they are 
protected persons hereunder shall enjoy the exclusive right of 
authorizing adaptations, arrangements, and other alterations of 
their works.  
Article 12  Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 75 - Notwithstanding the provisions of Article 7, each territory 
represented by a Party to this Agreement may be permitted 
without the consent of the author or copyright owner of a musical 
work including both words and music to impose a non -voluntary 
license for the making of a sound recording of the musical work 
and any accompanying words, provided that the author or 
copyright owner of the work has already authorized the making of 
a sound recording of work. Such a non -voluntary license shall not 
permit the duplication of a sound recording fixed by another, shall 
apply only in the terr itory which has imposed such non -voluntary 
license, and shall not, in any circumstances, be prejudicial to the 
rights of these authors to obtain equitable remuneration which, in 
the absence of agreement, shall be fixed by competent authority.  
Article 13  
It shall be a matter for the legislation of the territories 
represented by the Parties to this Agreement to make limited 
exceptions to the exclusive rights specified in articles 6, 7, 8, 9, 
10, and 11 of this Agreement, provided that such exception shall 
neither conflict with a normal exploitation of the work, nor 
prejudice the legitimate interests of the author or copyright owner.  
Article 14  
(1)Infringing copies of a work protected in accordance with this 
Agreement shall be liable to seizure in either territ ory where 
such work enjoys legal protection. An infringing copy shall 
mean a copy of such work that infringes any of the exclusive 
rights provided in domestic law and in this Agreement 
including a copy which is imported into the territory 
represented by ei ther Party where, if made in such territory by 
the importer, would constitute an infringement of the 
copyright.  Copyright Act & Related Laws  
 - 76 - (2)The seizure shall take place in accordance with the legislation 
of each territory.  
Article 15  
The provisions of this Agreement cannot in any way affect 
the right of either territory represented by a Party to this 
Agreement to permit, to control, or to prohibit, by legislation or 
regulation, the circulation, presentation, or exhibition of any work 
or production in regard to which the competent a uthority may find 
it necessary to exercise that right.  
Article 16  
(1)The provisions of this Agreement shall apply in each territory 
represented by a Party to this Agreement to all works that are 
protected under the copyright law of that territory on the 
effective date of this Agreement. The provisions of this 
Agreement shall not affect obligations arising under earlier 
agreements except as specifically provided for in this 
Agreement.  
(2)Works created in the twenty years prior to 1985 shall be 
included as wo rks proteced under this Agreement in the 
territory represented by CCNAA, unless the work was 
registered pursuant to the copyright law then in effect and the 
term of protection under that law expired prior to 1985.  
Article 17  
The provisions of this Agreemen t shall not preclude either 
Party to this Agreement from granting protection at a higher level 
than that provided for in this Agreement. In such event, however, 
such protection shall be afforded equally to all protected persons 
under this Agreement.  Agreement For The Protection of Copyright Between  
The Coordination Council For North American Affairs And  
The American Institute in Taiwan  
 - 77 - Articl e 18 
Juridical entities of the territory represented by each Party to 
this Agreement shall be entitled to full rights of filing suit or 
prosecution in the territory represented by the other Party, 
whether or not that entity is recognized by the authorities  of the 
other Party.  
Article 19  
Each territory represented by a Party to this Agreement shall 
adopt such measures as are necessary under its domestic law to 
ensure the application of the terms of this Agreement. It is 
understood that at the date this Agree ment comes into force for 
either territory represented by a Party to this Agreement, that 
territory must under its domestic law give effect to the terms of 
this Agreement.  
Article 20  
(1)The Parties to this Agreement shall consult periodically in 
order to r eview the operation and application of this 
Agreement so as to assure that, with the passage of time and 
changes in circumstances, the objectives of this Agreement 
may be effectively maintained.  
(2)In order to assist in the carrying out of functions referr ed to in 
the Appendix to this Agreement, the Parties shall identify and 
ensure effective communication between the copyright 
information centers established by the Parties or by rights 
holders or users represented by the Parties.  
Article 21  Copyright Act & Related Laws  
 - 78 - This Agreement becomes effective on the date of the final 
signature hereafter and shall be valid until terminated by one 
Party upon notification to the other Party in writing at least six (6) 
months before the termination is to take effect.  
Article 22  
In witness thereof the Parties hereto have hereby set their 
hands by their duly authorized representatives and have caused 
this Agreement to be signed and effective the date of the last 
signature hereafter.Appendix  
 - 79 - APPENDIX  
Article I  
(1)To ensure an effective introduction of transla tion rights in the 
territory represented by the CCNAA, the AIT agrees that for a 
transitional period lasting until January 1, 2005 the authorities 
of the territory represented by the CCNAA may, so far as 
works published in printed or analogous forms of rep roduction 
are concerned, substitute for the exclusive right of translation 
provided for in Article 6 of the Agreement for the Protection 
of Copyright Between the Coordination Council for North 
American Affairs and the American Institute in Taiwan (the 
Agre ement) a system of non -exclusive and non -transferable 
licenses granted by the competent authority following notice 
of the commencement of a proceeding to the author or 
copyright owner under the following conditions.  
(2)A license under this Appendix may be granted only if the 
applicant, in accordance with the procedure of the territory 
represented by CCNAA, establishes either that he has 
requested, and has been denied, authorization by the owner of 
the right 10 make and publish the translation or that, after  due 
diligence on his part, he was unable to find the owner of the 
right. At the same time as making the request, the applicant 
shall inform any information center referred to in 
paragraph(3) . 
(3)If the owner of the right cannot be found, the applicant for  a 
license shall send, by registered airmail, copies of his 
application, submitted to the authority competent to grant the 
license, to the publisher whose name appears on the work and 
to any information center which may have been designated by 
the Parties to this Agreement.  Copyright Act & Related Laws  
 - 80 - (4)The name of the author shall be indicated on all copies of the 
translation published under a licence granted under this 
Appendix. The original title of the work shall appear on all the 
said copies.  
(5)No license granted under this App endix shall extend to the 
export of copies, and any such license shall be valid only for 
publication of the translation in the territory represented by 
CCNAA.  
(6)All copies published under a license granted by virtue of this 
Appendix shall bear a notice in  the Chinese language stating 
that the copies are available for distribution only in the 
territory represented by CCNAA.  
(7)The CCNAA shall ensure:  
(a)That a license shall be granted only following a proceeding 
before the designated authority at which the author or 
copyright owner or his designated representative:  
(i) has the right to appear with the assiatance of counsel:  
(ii)may introduce evidence and examine applicants for 
licenses; and,  
(iii)has the right to a prompt appeal from the determination 
to gra nt a license.  
(b)That the license provides, in favor of the owner of the right 
of translation, for just compensation that is consistent with 
standards of royalties normally operating on licenses freely 
negotiated between persons in the two territories conc erned, 
and Appendix  
 - 81 - (c)Payment and transmittal of the compensation; should 
national currency regulations intervene, the Parties to this 
Agreement shall make all efforts to ensure transmittal in 
convertible currency or its equivalent.  
(d)That prompt and effective pr ocedures are established to 
enforce the termination of a license granted under this 
facility where:  
(i) the license has violated the terms of the license 
established by the competent authority, including the 
terms of this Appendix; or  
(ii)where the circums tances set out in Article II (4) and (5) of 
this Appendix arise.  
Article II  
(1)(a)In the case of teaching, scholarship or research after the 
expiration of a period of one year commencing on the date of 
the first publication of the work, any protected perso n of the 
territory represented by CCNAA may apply for a license to 
make a translation of such work into Chinese and publish the 
translation in printed or an analogous form of reproduction, 
provided that the work has not been published in Chinese 
anywhere i n the world except the China mainland within that 
one year period by the owner of the right of translation or 
with his authorization.  
(b)A license under the conditions provided in this Appendix 
may also the granted if all the editions of the translation 
published anywhere in the world except the China mainland 
are out of print.  Copyright Act & Related Laws  
 - 82 - (2)(a)No license obtainable after one year shall be granted under 
this Article until a further period of nine months has elapsed  
(i) from the date on which the applicant complies wit h the 
requirements of Article I (2) of this Appendix.  
(ii)Where the identity or the address of the owner of the right 
of translation is unknown, from the date on which the 
applicant sends, as provided for in Article I (3) of this 
Appendix, copies of his ap plication submitted to the 
authority competent to grant the license.  
(b)If, during the said period of nine months, a translation in the 
language in respect of which the application was made is 
published by the owner of the right of translation or with his 
authorization, no license under this Article shall be granted.  
(3)Any license under this Article shall be granted only for the 
purpose of teaching, scholarship or research.  
(4)If a translation of a work is published by the owner of the right 
of translation  or with his authorization at a price reasonably 
related to that normally charged in the territory represented by 
the CCNAA for comparable works, any license granted under 
this Article before such publication shall terminate if such 
translation is in Chine se and with substantially the same 
content as the translation published under the license.  
(5)No license shall be granted or maintained under this Article 
when the author has withdrawn from circulation all copies of 
his work.  
(6)In the event that any licen se granted under this Appendix is 
terminated in accordance with the procedure contemplated in 
paragraph (7) (d) of Article I of this Appendix or in Appendix  
 - 83 - circumstances described in paragraphs (4) and (5) of this 
Article II, all copies already made on or before t he date on 
which the license terminates may continue to be distributed 
until their stock is exhausted.  
(7)(a)A license to make a translation of a work which has been 
published in printed or analogous forms of reproduction may 
also be granted to any broadca sting organization having its 
headquarters in the territory represented by CCNAA, upon 
an application made to the competent authority of that 
territory by the said organization, provided that all of the 
following conditions are met:  
(i) the translation is made from a copy made and acquired in 
accordance with the laws of the said territory;  
(ii)the translation is only for use in broadcasts intended 
exclusively for teaching or for the dissemination of the 
results of specialized technical or scientific researc h to 
experts in a particular profession;  
(iii)the translation is used exclusively for the purposes 
referred to in condition (ii) through broadcasts made 
lawfully and intended for recipients on the said territory, 
including broadcasts made through the mediu m of sound 
or visual recordings lawfully and exclusively made for 
the purpose of such broadcasts;  
(iv)all uses made of the translation are without any 
commercial purpose.  
(b)Sound or visual recordings of a translation which was made 
by a broadcasting organ ization under a license granted by 
virtue of this paragraph may, for the purposes and subject to 
the conditions referred to in subparagraph (a) and with the Copyright Act & Related Laws  
 - 84 - agreement of that organization, also be used by any other 
broadcasting organization having its head quarters in the 
territory whose competent authority granted the license in 
question.  
(c)Provided that all of the criteria and conditions set out in 
subparagraph (a) are met, a license may also be granted to a 
broadcasting organization to translate any text  incorporated 
in an audio -visual fixation where such fixation was itself 
prepared and published for the sole purpose of being used in 
connection with systematic instructional activities.  
(d)Subject to subparagraphs (a) to (c), the provisions of the 
precedi ng paragraphs shall apply to the grant and exercise of 
any license granted under this paragraph.Copyright Collective Management Organization Act  
 - 85 - COPYRIGHT  COLLECTIVE  
MANAGEMENT  ORGANIZATION  ACT  
Promulgated by the President on November 5, 1997  
Amended and Promulgated by the President on February  10, 2010 
CHAPTER I  GENERAL  PRINCIPLES  
Article 1   
This Act is enacted in accordance with Article 81 , paragraph 
3 of the Copyright Act.   
Article 2   
The competent authority referred to in this Act is the 
Ministry of Economic Affairs (MOEA).  
Issuance of establishm ent permits for copyright collective 
management organizations (CMOs), as well as guidance and 
supervision of their operations, will be carried out by the 
specialized agency designated by the MOEA.  
Article 3  
The terms used in this Act shall be defined as fo llows:  
1.Copyright collective management services ("collective 
management services"): Services for the management of 
economic rights on behalf of multiple economic rights holders, 
in which uniform royalty rates and methods for distribution of 
royalties are  adopted as the basis for collection and distribution 
of royalties , and in which license agreements with users are 
established in the name of those providing the management . Copyright Act & Related Laws  
 - 86 - 2.Copyright collective management organization ("CMO"): An 
incorporated associatio n engaging in  collective management 
services , organized by economic rights holders , approved and 
established pursuant to  this Act, and exercising  rights and 
performing  obligations in the name  of the CMO . 
3.Individual license agreement: An agreement between  a CMO 
and a user under which the exploitation of specific economic 
rights under the management of the CMO is licensed to the user 
for its exploitation and royalties are paid by the user.  
4.Blanket license agreement: An agreement between a CMO and 
a user u nder which all economic rights under the management 
of the CMO are licensed to the user for a specific period, with 
no restriction on the number of uses, and royalties are paid by 
the user.  
5.Management agreement: An agreement between an economic 
rights ho lder and a CMO for management of such rights and 
distribution of the royalties collected to said economic rights 
holder by the CMO.  
6.Management fees: The fees a CMO charges an economic rights 
holder for performing collective management services.  
7.Royalty  rates: The criteria for calculation , the ratios, or the 
amounts of royalties  that the CMO collects for providing the 
economic rights it manages for exploitation by users . 
8.Joint royalty rate: A single royalty rate jointly adopted by two or 
more CMOs with  respect to the same type of exploitation.  
CHAPTER II  ESTABLISHMENT  
Article 4   Copyright Collective Management Organization Act  
 - 87 - To establish a CMO, the promoters shall prepare an 
application form, with the following documentation attached, and 
apply to the specialized agency in charge of copyright matt ers for 
a permit:  
1.A register of promoters.  
2.The articles of organization.  
3.The royalty collection and distribution rules.  
4.Templates for individual license agreements, blanket license 
agreements, and management agreements.  
5.Other documents designated  by the specialized agency in charge 
of copyright matters.  
The register of promoters under subparagraph 1 of the 
preceding paragraph shall include the following items:  
1.The names of the promoters, and their nationalities, dates of 
birth, and domiciles or residences . For a juristic person 
promoter, the information shall include its name, the date of its 
establishment, the locations of its offices or places of business, 
and the name, date of birth, and domicile or residence of its 
representative.  
2.The titl es and categories of works for which a promoter is the 
economic rights holder.  
The minimum  number of the promoters referred to in 
paragraph 1 shall be determined by the specialized agency in 
charge of copyright matters for different respective categories o f 
works . One-half or more of the promoters shall have domestic 
domiciles or offices.  Copyright Act & Related Laws  
 - 88 - The application form mentioned in paragraph 1 shall state 
the purposes of applying for an establishment permit and shall 
bear the signature or personal seal of each promot er. 
When a CMO adds a new category of works to those it 
manages, it shall submit a permit application to the specialized 
agency  in charge of copyright  matters, attaching a list of the 
economic rights holders for the new category along with the 
documents na med in paragraph  1, subparagraph s 2 through 5.  
The provisions of paragraph  2 and paragraph  3 regarding 
promoters shall apply mutatis mutandis  to the list of economic 
rights holders and their numbers.  
Article 5   
When multiple CMOs wish to merge and become a single 
CMO, they shall apply to the specialized agency in charge of 
copyright  matters for a permit approval, attaching  a list of 
economic rights holders and the documents named in paragraph  1, 
subparagraph s 2 through 5 of the preceding article.  
The speci alized agency  in charge of copyright  matters shall 
void the permits of the CMOs that are extinguished as a result of 
the merger; their rights and obligations shall be succeeded to by 
the post -merger surviving CMO or newly established CMO.  
Article 6  
No part y to whom any of the following circumstances apply 
may be a promoter of a CMO:  
1.Having no legal capacity or having limited legal capacity , or 
receiving an order for commencement of assistance, where the 
order has not been revoked . Copyright Collective Management Organization Act  
 - 89 - 2.Having been declared  bankrupt and its rights not yet reinstated.  
3.Having committed the crime of fraud, breach of fiduciary duty, 
embezzlement, or violation of the Copyright Act, and after 
receiving a final and irrevocable judgment, having received a 
sentence of no less than si x months imprisonment where the 
sentence has not yet been served , or has not been fully served,  
or less than two years has passed after serving such a sentence. 
In the case of a juristic person, having committed the crime of 
violation of the Copyright Act and having received a final and 
irrevocable judgment where the judgment has not been executed , 
has not been fully executed,  or less than two years has passed 
after execution of the judgment.  
Article 7 
The articles of organization of a CMO shall include the  
following information:  
1.The CMO's name.  
2.The CMO's purpose.  
3.The address of its principal office, and address of any branch 
offices.  
4.The category of works whose economic rights are under its 
management, and the scope of the rights.  
5.The manner in wh ich membership qualification is obtained and 
forfeited.  
6.The rights and obligations of members.  
7.Rates or amounts of management fees.  Copyright Act & Related Laws  
 - 90 - 8.The number s, function s, term s of office, and methods of 
election and discharge of directors, supervisors and members o f 
the complaint committee  set out in Article 20, paragraph  1. 
9.The kinds of meetings it will hold , procedures for convening the 
meetings, and methods of resolution . 
10.Sources of funds, and the ir accounting treatment.  
11.The method of public announcement.  
12.Types of disputes between any member and a CMO that are 
subject to handling by the complaint committee, and the 
procedures and methods of dispute resolution.  
13.Procedures for amending the articles of organization.  
14.Procedures for changing royalty ra tes. 
15.Procedures for changing t he method of royalty collection and 
distribution.  
16.Procedures for amending templates for individual license 
agreements, blanket license agreements, or management 
agreements.  
17.The date s on which  the articles of organizat ion were adopted 
and amended . 
18.Other matters required by laws and regulations.  
Article 8 
Under any of the following circumstances, the specialized 
agency in charge of copyright matters shall deny an application 
for establishment of a CMO:  Copyright Collective Management Organization Act  
 - 91 - 1.The name of t he organization is the same as that of a CMO 
already granted an establishment permit.  
2.The information supporting the application for establishment 
permit reveals that the applicant is unable to effectively 
administer collective management  services . 
3.Application particulars are found to be in violation of a law or 
regulation or to contain misrepresentations . 
4.Statutory procedures are not observed and no correction is made 
within a period given by the specialized agency in charge of 
copyright matters.   
Where the scope of management being applied for overlaps 
in whole or in part with the categories of works and the scope of 
rights under the management  of a CMO that has already been 
granted an establishment permit, the specialized agency in charge 
of copyrig ht matters may deny approval for  the overlapping 
portion if the other CMO is already capable of functioning as a 
management collective.   
The specialized agency in charge of copyright matters shall 
notify the applicant in writing whether the application for  
establishment permit has been granted or denied , and  publish the 
approved application on its website . 
Article 9 
A CMO shall incorporate as a juristic person within six 
months after the specialized agency in charge of copyright matters 
issues an establishm ent permit.  
The CMO of the preceding paragraph shall submit a 
photocopy of its incorporation certificate to the specialized Copyright Act & Related Laws  
 - 92 - agency in charge of copyright matters for recordation within thirty 
days after its incorporation. It shall also make public 
announce ment of its incorporation certificate, articles of 
organization, the royalty collection and distribution rules, and 
templates for individual license agreements, blanket license 
agreements, and management agreements; the same shall apply to 
amendments of th e above items.  
The public announcement of the preceding paragraph shall 
be published in an appropriate manner, such as publication in a 
newspaper at the place where the principal office of the CMO is 
located , or on the CMO's website . 
Article 10 
A person  not organized and approved for establishment  as a 
CMO in accordance with this Act shall not conduct collective 
management services or perform any other juristic act in the name 
of a CMO.  
Where any party violates the preceding paragraph, any 
individual or bla nket license agreement executed by it  shall 
become null and void and the offender shall be liable for 
compensation of damages for any resultant loss  to another person. 
Where there are two or more offenders, they shall bear joint and 
several liability.  
CHAP TER III  ORGANIZATION  
Article 11 
A member of a CMO shall be an economic rights holder.  
An economic rights holder may not be at the same time a 
member of two or more CMOs providing the same collective Copyright Collective Management Organization Act  
 - 93 - management services.  
If an economic rights holder violat es the provision of the 
preceding paragraph and joins two or more CMOs at different 
times, the rights holder will be deemed to have not joined the 
CMO or CMOs it entered at later times ; a rights holder who joins 
two or more CMOs at the same time  shall choo se membership in 
only one among them within 30 days after the time it joins; a 
rights holder that fails to make a choice within 30 days will be 
deemed to have joined none of the  CMO s. 
Article 12 
A CMO may not reject any applicant  for membership who 
meets t he membership qualifications set out in its articles of 
organization.  
A member may withdraw from the organization at any time , 
unless the articles of organization provide that withdrawal can 
only take place  at the end of a business year or after a period o f 
pre-announcement.  
Article 13 
Under any of the following circumstances, a member shall 
be deemed to have withdrawn from the organization:  
1.Death, bankruptcy, or dissolution . 
2.Loss of membership qualifications.  
Article 14 
A member shall execute a managem ent agreement with its 
CMO to entrust the CMO with management of its economic 
rights.  Copyright Act & Related Laws  
 - 94 - A member shall have the right, in accordance with the 
royalty collection and distribution rules, to request distribution of 
royalties, and also has the obligation to pay management fees and 
membership fees.  
Article 15 
The highest authority of a CMO shall be the  general meeting  
of its members . 
The board of directors of a CMO shall have at least three 
directors, to be elected from among the members by the general 
meeting  of its members . 
The supervisors of a CMO shall be elected from among the 
members by the general meeting  of its members. At least one of 
the supervisors shall  have a domestic domicile.  
The provisions of Article 6 shall apply mutatis mutandis to 
directors and s upervisors.  
Article 16 
Except for the first general meeting  of CMO members , 
which shall be convened by promoters , general meetings of 
members shall be convened at least once a year by the board of 
directors.  
Unless specially provided  in this Act or the art icles of 
organization , a resolution of the general meeting of members shall 
require a majority of votes cast at a meeting attended by members 
representing a majority of the total voting rights.  
An amendment to the articles of organization shall require at 
least two thirds of votes cast at a meeting attended by members 
representing a majority of the total voting rights.  Copyright Collective Management Organization Act  
 - 95 - Members shall have equal voting rights , except where  the 
articles of organization provide otherwise.  
In respect of the number of members att ending a meeting 
and the number of favorable votes required as provided for in 
paragraphs 2 and 3 above, if a higher requirement is provided for 
in the articles of organization, such provision shall apply.  
The provisions in Article 57 of the Civil Code sha ll apply to 
the dissolution of a CMO.  
Article 17 
The board of directors shall carry out its functions in 
accordance with laws, regulations, its articles of organization, and 
resolutions of the general meeting  of members . 
In the event that a resolution of t he board of directors 
violates the provision of the preceding paragraph and causes 
injury  to the CMO, directors participating in the resolution shall 
be jointly and severally liable for damages, provided that any 
director who has expressed opposition, as c onfirmed by records or 
a written statement, shall be exempt from liability.  
Article 18 
A supervisor shall carry out the following duties:  
1.Investigating the operational and financial status of the CMO 
and auditing its books and documents, either personall y or by 
retaining an attorney or a certified public accountant.  
2.Auditing the statements prepared  under paragraph 1 of Article 
21, either personally or by retaining a certified public 
accountant, and reporting the inspection results at a general 
meeting  of members . Copyright Act & Related Laws  
 - 96 - A supervisor who through neglect of his/her duties causes 
damage to the CMO shall bear liability for damages.  
A supervisor shall not act concurrently as a director, 
complaint committee member, or staff member of the CMO.  
Article 19 
If a director  of a CMO bargains with the CMO on his/her 
own behalf or on behalf of another party, a supervisor shall act as 
the representative of the CMO.  
Article 20 
A CMO shall have a complaint committee to handle disputes 
between members and the CMO in accordance wit h its articles of 
organization . The committee shall have at least five members , 
who shall be elected by the general meeting of members from 
among CMO members, impartial members of society, or scholars 
or experts.  
A CMO may stipulate in its articles of orga nization that any 
dispute between a member and the CMO shall not be brought up 
at a general meeting of members until it has been handled by the 
complaint committee.  
A director, supervisor, or staff member of a CMO shall not 
be a member of its complaint com mittee.  
A complaint committee member shall withdraw voluntarily 
if he/she has personal interest in a complaint case.  
A CMO shall notify the complaining member of the decision 
made by the complaint committee and the decision shall be 
carried out by the boar d of directors. However, the case may be 
brought up for resolution at a general meeting of members if the Copyright Collective Management Organization Act  
 - 97 - complaining member or the board of directors is opposed to the 
decision rendered by the complaint committee.  
Article 21  
At the end of each business ye ar, the board of directors shall 
prepare  the following statements and refer them to supervisors for 
auditing at least thirty days before a general meeting of members 
is held:  
1.An operations report.  
2.A balance sheet.  
3.A property list.  
4.A final statement  of revenues and expenditures.  
The statements listed  in the preceding paragraph , together 
with the supervisor's audit report , shall be made available at the 
principal office of the CMO at least ten days before a general 
meeting of members is held, and memb ers may at any time 
inspect and review the same, either by themselves or in the 
company of any attorneys or certified public accountants retained  
by them . 
Article 22 
The board of directors shall submit the statements listed  in 
the preceding Article , togeth er with the supervisor's audit report , 
for ratification at a general meeting  of members . Upon ratification 
through a resolution of the general meeting  of members , directors 
and supervisors shall be released from liability; this provision 
does not apply, ho wever, given the commission of  any unlawful 
act by a director or supervisor . Copyright Act & Related Laws  
 - 98 - CHAPTER IV  RIGHTS AND OBLIGATIONS OF A CMO  
Article 23 
A CMO shall provide collective management services for 
members in accordance with laws, regulations, its articles of 
organiz ation, and resolutions of the general meeting  of its 
members . 
A CMO, when providing collective management services 
under the preceding paragraph, shall collect management fees at 
the stipulated rate or in the stipulated amount.  
The rate or amount of manage ment fees in the preceding 
paragraph shall be stipulated based on the funding required to 
maintain normal operation of the CMO.  
Article 24 
A CMO shall adopt royalty rates and dates for 
implementation of the rates f or each type of exploitation of the 
econom ic rights under its management . A CMO shall take the 
following factors into account  when  setting royalty rates:  
1.The result of consultations with the users, and the users' 
suggestions . 
2.The economic benefit to be obtained by users through 
exploitation of  the works.  
3.The numbers of economic rights under its management . 
4.The type and quantity of the exploitation.  
5.Other factors that the specialized agency in charge of copyright 
matters  designates for consideration.  Copyright Collective Management Organization Act  
 - 99 - In adopting the royalty rates of the preceding paragraph , 
when a blanket license agreement is employed, users shall be 
provided with a choice of the following fee collection methods:  
1.A specific monetary amount or ratio.  
2.A monetary amount set on a per use - per work basis.  
A CMO shall lower at its discretion the royalty rates of 
paragraph  1 when the user exploits a work for cultural, 
educational, or other purposes in the public interest; when the 
exploitation is non -profit in nature, the CMO shall further lower 
at its discretion the royalty r ates. 
The specialized agency in charge of copyright matters may 
conduct investigations into the actual circumstances  of use of the 
works under the management  of any CMO.  
The royalty rates of paragraph  1 shall be publicly announced 
for the purpose of review  by the general public, and shall be 
reported to  the specialized agency in charge of copyright matters 
for recordation. The royalty rates may not be implemented at any 
time prior to 30 full days after the date of announcement . The 
same provisions shall app ly in the case of any change to the 
royalty rates.  
A CMO shall state the reasons for adoption of the royalty 
rates at the time of their public announcement pursuant to  the 
preceding paragraph . 
When a CMO has not adopted a royalty rate for a specific 
type o f exploitation in accordance with  the provisions of 
paragraph  1, a user may request the CMO in writing to adopt a 
royalty rate; prior to the adoption of such a royalty rate, the 
provisions of Chapter 7 of the Copyright  Act shall not apply to Copyright Act & Related Laws  
 - 100 - any instance o f exploitation for which adoption of a royalty rate 
has been requested.  
Article 25  
A copyright user who objects to a royalty rate set by a CMO 
may apply to the specialized agency in charge of copyright 
matters for a review ; at the time of application it sh all also submit 
written reasons and other related materials . 
When the specialized agency in charge of copyright  matters 
receives an application pursuant to  the preceding paragraph , it 
shall publish the application on its website. Other users with the 
same circumstances  of exploitation may also submit written 
reasons and related materials and make a request of the 
specialized agency in charge of copyright  matters for participation 
in the application for review.  
After receiving an application for review pursu ant to  
paragraph  1, the specialized agency in charge of copyright  matters 
may order the CMO to provide the factors under each 
subparagraph  of the preceding article that it used in consideration 
of the royalty rates, its conditions for licensing, and other relevant 
documents. The CMO may not refuse such an order.  
When the specialized agency in charge of copyright  matters 
performs its review, it may change the criteria , ratios, or amounts 
for calculation of royalties  originally adopted by the CMO, and 
shall s eek the opinion of the Copyright Review and Mediation 
Committee . 
When there are matters requiring supplementation or 
correction with respect to an application under paragraph  1 that 
are not performed within the period designated by the specialized 
agency i n charge of copyright  matters, or in the absence of Copyright Collective Management Organization Act  
 - 101 - reasons for application, the specialized agency in charge of 
copyright  matters may reject the application.  
When there is sufficient reason for an application for review 
under paragraph  1, the specialized agency in charge of copyright  
matters shall make a determination of the given royalty rate, 
which shall be effective from the date of application for review, 
provided that in the case of applications made prior to the date of 
implementation of a given roya lty rate, the newly determined rate 
shall take effect from the date of implementation.  
A royalty rate that has been determined pursuant to  the 
preceding paragraph  may not be changed by the CMO within 
three years from its date of implementation, and during the same 
period , users also may not make any further application for 
review of matters on which such a determination has been made, 
provided that these provisions will not apply in the case of a 
material change in circumstances . 
The specialized agency in c harge of copyright  matters may 
prohibit the implementation of a royalty rate which is under 
application for review pursuant to  paragraph 1 when the rate is in 
violation of the law, or when there is no legal basis for collection 
of that royalty rate.  
The re view determinations under paragraph  6 and the 
preceding paragraph  shall be published on the website of the 
specialized agency in charge of copyright  matters.  
If a royalty rate is determined through a review by the 
specialized agency in charge of copyright matters, then for any 
license agreement that was signed between a user and a CMO 
prior to the determination, the user may, during the effective term 
of the agreement, request a change by the CMO in the amount of Copyright Act & Related Laws  
 - 102 - the royalty.  
When implementation of a CMO's royalty rate has been 
prohibited by the specialized agency  in charge of copyright  
matters, the CMO shall return the royalties already collected.  
The review decision of an application under paragraph 1 
shall be made by the specialized agency in charge of co pyright 
matters within four months from the date the documents are fully 
submitted.  
The members of the Copyright Review and Mediation 
Committee under paragraph 4 shall include government 
authorities, scholars, experts, rights holders and users.  
Article 26 
For royalty rates between the time of application for review 
and the review determination, the user may make a provisional 
payment, based on the type of exploitation, at the royalty rate 
originally set prior to the change in rate or at the originally 
stipu lated royalty amount; if there is no originally set royalty rate 
or originally stipulated royalty amount, the user may apply to the 
specialized agency in charge of copyright matters  to approve an 
amount for provisional payment.  
Prior to its approval of the  provisional payment  of the 
preceding paragraph , the specialized agency in charge of 
copyright matters  may seek the opinion of the Copyright Review 
and Mediation Committee . 
The amount of provisional payment approved pursuant to  
paragraph  1 shall be publish ed on the website of the specialized 
agency in charge of copyright matters , and during the period of 
review of the royalty rate, the provisional payment shall apply to Copyright Collective Management Organization Act  
 - 103 - all users engaging in exploitation under the same circumstances . 
When a user makes a pro visional payment to a CMO 
pursuant to  paragraph  1, and where the payment is clearly 
indicated as a provisional payment, the user's exploitation will not 
be subject to the provisions of Chapter 6 and Chapter 7 of the 
Copyright Act. 
When a user has made prov isional payments pursuant to  
paragraph  1, then except where otherwise stipulated between the 
two parties, the payments shall be adjusted based on the royalty 
rate determined through the review process; when an application 
for royalty rate review is rejecte d, the payments shall be adjusted 
based on the CMO's publicly announced royalty rate.  
When the implementation  of a royalty rate for which a 
review application has been made by a user is prohibited pursuant 
to paragraph  8 of the preceding article, the CMO s hall return the 
provisional payments already collected.  
Article 27  
A CMO shall publish information related to the works under 
its scope of management on the Internet for public access, 
including a list of the economic rights holders under its 
management, t he number of works it manages or other 
information sufficient to allow the number of works under its 
management to be ascertained, and shall also provide information 
within a reasonable scope in response to applications by members 
of the public.  
When a CMO  negotiates a blanket license agreement with a 
user, it shall inform the user of the information under  the 
preceding paragraph . Copyright Act & Related Laws  
 - 104 - Article 28 
The following items shall be expressly set out in a individual 
license agreement:  
1.The name of the economic rights h older, and title of the work.  
2.The economic rights to be licensed for exploitation.  
3.The territory, term, and method of licensed exploitation.  
4.The method of calculation and the amount of royalties.  
5.Method of royalty payment.  
6.Liability for breach.  
7.The date of agreement.  
Article 29 
In addition to setting out the matters required in 
subparagraphs 2 through 7 of the preceding article, a blanket 
license agreement shall also state that the licensee is licensed,  
within a specified period,  to use  all the economic rights managed 
by the CMO an unlimited number of times .. 
Article 30 
The specialized agency  in charge of copyright  matters may 
designate relevant CMOs to adopt a j oint royalty rate  with respect 
to a specified type of exploitation.  
The designated  CMOs under the preceding paragraph  shall 
engage in consultation in order to adopt the joint royalty rate and 
methods of distribution of royalties, to be collected from users by 
one of the CMOs.  Copyright Collective Management Organization Act  
 - 105 - If agreement cannot be reached by consultation pursuant to  
the preceding paragraph , any of the CMOs may apply to the 
specialized agency  in charge of copyright  matters for a 
determination.  
The provisions of Article 24 through Article 26 shall apply to 
the joint royalty rate of paragraph  2. 
In determining the joint royal ty rate under paragraph  3, the 
opinions of users and of the Copyright Review and Mediation 
Committee  shall be sought, and the disposition containing the 
determination shall be published on the website of the specialized  
agency  in charge of copyright  matter s. 
A joint royalty rate that has been determined pursuant to  the 
preceding paragraph  may not be changed by the CMOs within 
three years from its date of implementation, and during the same 
period , users also may not make any application for review of the 
rate, provided that these provisions will not apply in the case of a 
material change in circumstances . 
The provisions of paragraph  2 through the preceding 
paragraph  shall be implemented two years after promulgation of 
the 12 January 2010  amendments to this A ct. 
When, prior to the date of implementation under the 
preceding paragraph , CMOs that have been designated pursuant 
to paragraph  1 have already undertaken consultation and adopted 
a joint royalty rate with respect to a specific type of exploitation, 
they may apply the provisions of Article 24 through Article 26.  
Article 31  
When a member withdraws from a CMO, the CMO shall 
terminate the management agreement and cease to manage that Copyright Act & Related Laws  
 - 106 - member's economic rights.   
A copyright user who has already entered into a l icense 
agreement with the CMO prior to a member's withdrawal may 
continue to exploit the works of the member who has withdrawn 
until the agreement expires and need not pay further royalties to 
that member , provided that where the license agreement contains  
stipulations prohibiting continued exploitation, those stipulations 
shall apply .  
In the absence of the circumstances  under the proviso of the 
preceding paragraph , the member who has withdrawn may apply 
to the CMO to request distribution of royalties, pro vided that the 
member who has withdrawn may not so request distribution of 
royalties when it has joined another CMO and may receive 
distribution of royalties in the new CMO for the exploitation by 
users set out in the preceding paragraph . 
When stipulations  exist between the CMO and the user as in 
the proviso of paragraph  2, the CMO shall immediately  notify the 
user when the member withdraws from the CMO.  
Article 32 
A CMO shall not refuse a request from a non -member 
economic rights holder for management of t he rights holder's 
economic rights  that falls within the scope of categories of works 
and rights managed by the CMO . 
Article 33 
The provisions of Article 11, Article 14, Article 20, 
paragraphs 1, 2, and 5 , Article 23, paragraphs 1 and 2 , and Article 
31 shall apply mutatis mutandis to matters between non -member 
economic rights holders and a CMO.  Copyright Collective Management Organization Act  
 - 107 - Article 34 
Within the scope of rights managed by it, a CMO shall 
provide licenses with the same terms and conditions to users 
engaging in exploitation under the same  circumstances . 
If a user is refused a license by the CMO, or no licensing 
agreement can be reached, the user shall be deemed to have 
obtained a license if, prior to exploitation, the user has made 
payment of or lodged with a court the royalty rate  or the amount 
demanded by the CMO . 
When a user has made payment to the CMO or lodged 
payment with a court pursuant to  the preceding paragraph , it may 
at the same time lodge a declaration with the CMO, reserving the 
right of later opposition.  
Article 35 
A CMO shal l warrant its authorization to manage the rights 
whose exploitation it is licensing under its individual license 
agreements or blanket license agreements. When a user is clearly 
aware at the time of execution of an agreement that the CMO has 
no such author ization to perform management, the CMO is not 
liable to make such a warranty unless otherwise stipulated in the 
agreement.  
Article 36 
A CMO shall exercise the due care of a good administrator 
when providing collective management services.  
Article 37 
A copy right user shall periodically provide the CMO 
concerned with a record of use as the basis for calculating Copyright Act & Related Laws  
 - 108 - royalties to be distributed. When the license agreement stipulates 
otherwise, however, its provisions shall govern.  
A CMO may, at its own cost, reques t a user at any time to 
provide a record of use.  
If a user fails to provide a record of use or provides one that 
is materially incorrect or untrue, the CMO may terminate the 
license agreements executed with the user.  
Article 38 
Based on its royalty collect ion and distribution rules, a CMO 
shall make periodic distribution of the balance of the royalties 
collected, after the deduction of management fees, to economic 
rights holders.  
The "periodic distribution" referred to in the preceding 
paragraph shall take place at least once each year.  
When a CMO distributes royalties, its board of directors 
shall, in accordance with its royalty collection and distribution 
rules, compile a table of royalty distributions that contains the 
following information, and submit it  to the supervisors for 
auditing and confirmation after certification by a certified public 
accountant:  
1.The names of the economic rights holders and the economic 
rights held thereby.  
2.The amount of each royalty payment and the total amount of 
royalties received.  
3.The amount of management fees deductible from each royalty 
or the total amount thereof.  Copyright Collective Management Organization Act  
 - 109 - 4.The distributable balance after deduction of the total 
management fees under subparagraph 2 above from the total 
amount of royalty received under subparag raph 2.  
5.The method of calculating the amount to be distributed to each 
individual.  
6.The amount to be distributed to each individual.  
A CMO shall distribute royalties in accordance with the table 
of royalty distributions audited and confirmed by its supe rvisors. 
It shall also and have said table of royalty distributions placed at 
its principal office for review by the economic rights holders.  
Article 39 
When providing collective management services, a CMO 
may initiate litigious or non -litigious actions in  its own name on 
behalf of economic rights holders. The CMO, however, may 
initiate criminal proceedings only when it has an exclusive license 
or has received [the economic rights] by way of trust transfer.  
The "litigious actions" mentioned in the preceding  paragraph 
shall mean the institution of civil and administrative suits and 
complaints or private prosecutions in criminal cases. 
"Non -litigious actions" shall mean administrative appeal and 
other actions.  
CHAPTER V  REWARD, GUIDANCE, AND SUPERVISION 
OF CO LLECTIVE MANAGEMENT ORGANIZATIONS  
Article 40   
The specialized agency in charge of copyright matters may 
reward a CMO for excellence in providing collective management 
services.  Copyright Act & Related Laws  
 - 110 - Article 41   
The specialized agency in charge of copyright matters may at 
any time audit or order the CMO to submit within a specific 
deadline  the statements that CMOs are required to prepare or 
compile in accordance with applicable laws and regulations or 
their articles of organization. The specialized agency in charge of 
copyright  matters may also at any time inspect the operational and 
financial status of a CMO  or order it to report on its handling of 
operations within a specific deadline . 
When performing the audits and inspections of the preceding 
paragraph, the specialized agenc y in charge of copyright matters 
may order a CMO to submit supporting documents, vouchers, 
statements, and relevant information, and shall return the same, 
after reviewing them, within one month from the date of receipt.  
A CMO shall not evade, hinder, or r efuse an audit or 
inspection made or order given by the specialized agency in 
charge of copyright matters pursuant to the preceding two 
paragraphs.  
The specialized agency in charge of copyright matters , as it 
deems necessary in accordance with  the state of  a CMO's business 
and property, may order the CMO to change its method of 
operation  or may issue  other necessary disposition s. 
Article 42   
If a CMO commits any act in violation of laws, regulations, 
or its articles of organization, the specialized agency in charge of 
copyright matters may order it to make corrections within a 
prescribed deadline . 
If the CMO does not make the correction within the Copyright Collective Management Organization Act  
 - 111 - prescribed deadline of the preceding paragraph, the specialized 
agency in charge of copyright matters may order  it to replace the 
director, supervisor, complaint committee member, or staff 
member who committed the act, or to suspend him/her from duty.  
Article 43   
When any of the following circumstances apply to a CMO, 
the specialized agency in charge of copyright matters shall revoke 
its establishment permit:  
1.The CMO fails to carry out incorporation registration within the 
period of time prescribed in Article 9, paragraph 1.  
2.The CMO fails to commence collective management services 
within one year after its inco rporation  registration . 
3.The CMO is incapable of effectively performing collective 
management services.  
CHAPTER VI  PENAL PROVISIONS  
Article 44   
For a violation of Article 10, paragraph 1, the offender shall 
be punished with an administrative fine of not  less than 
NT$500,000 and not more than NT$2 .5 million.  
When any of the following circumstances apply to a CMO, it 
shall be punished with an administrative fine of not less than 
NT$100,000 and not more than NT$ 500,000:  
1.Violation of an order given by the specialized agency in charge 
of copyright  matters pursuant to  Article 41, paragraph  4. 
2.Failure to make correction within the prescribed deadline  in Copyright Act & Related Laws  
 - 112 - accordance with an order given pursuant to Article 42 , 
paragraph 1.  
A CMO violating the provisions of Arti cle 41 , paragraph 3 
shall be punished with an administrative fine of not less than 
NT$20,000 and not more than NT$ 100,000.  
The administrative fines under the preceding three 
paragraphs may be imposed for each successive infraction until 
correction is effec ted. 
Article 45  
When any of the following circumstances  apply to a CMO 
and are of a material nature, the specialized agency  in charge of 
copyright  matters shall void its establishment permit:  
1.Failure to make a replacement or suspend duties of related 
persons in accordance with a disposition issued pursuant to  
Article 42, paragraph  2. 
2.Failure to make correction in accordance with  a disposition 
issued pursuant to  Article 44, paragraph  2. 
CHAPTER VII Supplementary Provisions  
Article 46   
For an organizatio n for the management of economic rights 
on behalf of economic rights holders that was duly established 
prior to the 7 November 1997 date on which this Act was 
promulgated and took effect, it shall continue to handle any 
matters that were under its manageme nt and which had not 
terminated prior to the promulgation and taking effect of the Act.  
If the organization  of the preceding paragraph  did not  apply Copyright Collective Management Organization Act  
 - 113 - for an establishment permit for collective management services 
within one year after this Act was promulgat ed and enforced,  or if 
approval was denied for the application , then any agreement 
executed with a user in the name of the organization  for licensed 
exploitation of economic rights before the date on which this Act 
was promulgated and enforced, and which h ad not yet expired by 
31 December 1998, shall be  terminated on that date.  
Article 47   
The provisions of Article s 24 through 26  will apply to 
royalty rates which were already implemented , or which were 
under application for review but where the review was not 
completed , prior to the enforcement of the amended articles of 
this Act on 12 January 2010 , provided that this shall not apply to 
royalty rates which were determined through a review by the 
specialized agency  in charge of copyright  matters prior to the  
enforcement of the amended articles of this Act on 12 January 
2010 , and which at that time had been implemented for less than 
two full years.  
Article 48  
When , after approval for establishment of a CMO, the 
CMO's  establishment permit is voided or revoked, then except 
under the circumstances of article 43, subparagraph 1, the 
specialized agency in charge of copyright matters shall order the 
CMO's dissolution, shall provide written notification of the 
reasons to the district court of the relevant jurisdiction  and the 
CMO, and shall publish the same on its website . 
When the dissolution of a CMO has been ordered, all of the 
CMO's management agreements shall be terminated when the 
administrative disposition ordering dissolution has become final Copyright Act & Related Laws  
 - 114 - and unappealable.  
Article 49   
Except where dates of enforcement have been otherwise 
provided, t his Act shall be enforced from the date of promulgation.The Illustrated Contents of Each Kind of  
 Works in Paragraph One, Article 5 of The Copyright Act  
 - 115 - THE ILLUSTRATED CONTENTS OF 
EACH KIND OF WORKS IN PARAGRAPH 
ONE, ARTICLE 5 OF THE COPYRIGHT 
ACT  
Promulgated on June 10, 1 992 per Letter No. Tai -(81)-Nei-Chu- 
Tze 8184002.  
1.These Illustrations are prescribed pursuant to the provisions of 
Paragraph Two of Article 5 of the Copyright Law (hereinafter 
abbreviated to "the Act").  
2.The contents of the works set forth in Paragraph One of Article 
5 of the Act are illustrated as follows:  
(1)Oral and literary works: shall include any poem, verse, prose, 
fiction, play or scenario, academic thesis, lecture, and the 
other oral and literary works.  
(2)Musical works: shall include any music score, lyrics, and the 
other musical works.  
(3)Dramatic and choreographic works: shall include dancing, 
pantomime, opera, drama and the other dramatic and choreo - 
graphic works.  
(4)Artistic works: shall include any painting, plate painting, 
caricature, com ic strip (cartoon), sketch, masterpiece of 
calligraphy (calligraphy), letter form drawing (typeface). 
sculpture, craftwork and the other artistic works.  
(5)Photographic works: shall include any photograph, slide, and 
the other intellectual works produced b y photograph.  Copyright Act & Related Laws  
 - 116 - (6)Pictorial works: shall include any map, chart, scientific or 
engineering design drawing, and the other pictorial works.  
(7)Audio -visual works: shall include the images shown in any 
motion picture, videocassette, videodisc, on computer scre en, 
and the other series of images which could be fixed to any 
medium with or without sound to be shown by a mechanical 
device or equipment.  
(8)Sound recordings: shall include any work which contains a 
series of sound being fixed to any medium and to be 
presented by a mechanical device or equipment, except the 
sound which is concomitant with an audio -visual work.  
(9)Architectural works: shall include any architectural design 
drawing, architectural model, building or construction, and 
the other architectural  works.  
(10)Computer programs: shall include any work composed of a 
set of instructions which is purposed to directly or indirectly 
cause a computer to bring forth a certain result.  
3.The derivatives work prescribed in Article 6 and the compila - 
tions pres cribed in Article 7 of the Act shall be categorized, 
according to their respective nature, into the various categories 
of works as set forth by the Items in the preceding Paragraph.Standards For Compensation For Fair Use Of   
Works In Paragaph Four, Ariticle 47 0f The Copyright Act  
 - 117 - STANDARDS FOR COMPENSATION FOR 
FAIR USE OF WORKS IN PARAGRAPH 
FOUR, ARTICL E 47 OF THE COPYRIGHT 
ACT  
Promulgated  on February 23, 1998 per Letter No. Tai -(87)-Nei- 
Chu-Tze 870 2053.  
1.These standards are set pursuant to the provisions of Paragraph 
4, Article 47 of the Copyright Act (hereinafter referred to as "the 
Act").  
2.Except  as otherwise provided under these standards the com - 
pensation for reproduction or compilation of works pursuant to 
the provisions Paragraph 1, Article 47 of the Act shall be 
calculated as follows:  
(1)For literary and oral works: the calculation shall be based on 
the number of characters at the rate of one thousand New 
Taiwan Dollars for one thousand characters or fraction 
thereof.  
(2)For photographic, artistic or pictorial works: the calculation 
shall be based on the number of items1, regardless of 
whethe r the item is in black and white or color, and regard - 
less of the size of the plate, at the rate of five hundred New 
Taiwan Dollars per item, or if to be used on the front or back 
cover, one thousand New Taiwan Dollars.  
(3)For musical works: lyrics and mu sic shall be calculated se - 
parately at the rate of two thousand New Taiwan Dollars per 
title. Copyright Act & Related Laws  
 - 118 - (4)For works other than those referred to in the preceding (1), 
(2) and (3): the calculation shall be based on the proportion 
of the exploited work occupying the  surface space on the 
page or plate at the rate of one thousand New Taiwan 
Dollars per plate or page; or if a calculation can not be made 
on this basis, one thousand New Taiwan Dollars per piece.  
3.Compensation for adaptations pursuant to Paragraph 1, Arti cle 
47 of the Act, shall be calculated based on the standards at one 
half of the amount specified under the provisions of 2.  
4.Except as otherwise provided in these standards the compensa - 
tion for editing of supplementary teaching aids pursuant to 
Paragra ph 2, Article 47 of the Act shall be separately calculated 
as follows:  
(1)For sound recordings and audio visual works: two thousand 
New Taiwan Dollars for each three minute period or fraction 
thereof.  
(2)For works other than those specified in the precedin g (1): 
one half of the amount specified in 2 and 3.  
5.Compensation for the public broadcast of works pursuant to the 
provisions of Paragraph 3, Article 47 of the Act shall be 
calculated as follows:  
(1)For on the air public broadcasts: lyrics and music of m usical 
works shall be separately calculated at the rate of one New 
Taiwan Dollar per title per broadcast; for other works, one 
New Taiwan Dollar for each three minute period or fraction 
thereof.  
(2)For TV public broadcasts: lyrics and music of musical work s 
shall be separately calculated at the rate of forty New Taiwan Standards For Compensation For Fair Use Of   
Works In Paragaph Four, Ariticle 47 0f The Copyright Act  
 - 119 - Dollars per title per broadcast; for other works, thirty New 
Taiwan Dollar for each three minute period or fraction 
thereof.  
6.With respect to reproductions or compilations for the purpose of  
editing textbooks or supplementary teaching aids pursuant to 
Paragraph 1 or Paragraph 2, Article 47 of the Act, where the 
work exploited is a derivative work, and be two or more 
instances of compensation are required to be paid for the 
original work and t he derivative work, the amount shall be 
calculated as seventy five percent of the amounts set forth in the 
preceding 2 and 4.  
1 "Items" is from the compound " 張數 " in Chinese.  Copyright Act & Related Laws  
 - 120 - The Certain Amoun t In Items 2 And 3 Of Paragraph One  
Of Article 87 Bis Of The Copy right Act 
 - 121 - THE CERTAIN AMOUNT IN ITEMS 2 AND 
3 OF PARAGRAPH ONE OF ARTICLE 87 
BIS OF THE CO PYRIGHT ACT  
Promulgated on April 24, 1993 per Letter No. Tai -(82)-Nei-Chu- 
Tze 8274870.  
1.This "Certain Amount" is prescribed pursuant to the provision 
of Paragraph Two of Article 87 bis of the Copyright Act ("the 
Act").  
2.The certain amount provided in It ems 2 and 3 of Paragraph One 
of Article 87 bis of the Act denotes:  
(1)Importation of any audiovisual work for the archival purpose 
of an organization operated for scholarly, educational, or 
religious purposes and not for private gain, shall be limited 
to one copy.  
(2)Importation of any work other than audiovisual work for the 
library lending or archival purposes of an organization ope - 
rated for scholarly, educational, or religious purposes and not 
for private gain, shall be limited to no more than five cop ies. 
(3)Importation of any work for the importer's private use and 
not for distribution, shall be limited to one copy of a work at 
any one time.  
(4)Importation of any work forming part of the personal bag - 
gage of any person arriving from outside the terri tory, shall 
be limited one copy of a work at any one time.  Copyright Act & Related Laws  
 - 122 -  Regulations Governing Implementation of  
 ISP Civil Liability Exemption  
 - 123 - REGULATIONS  GOVERNING 
IMPLEMENTATION  OF ISP CIVIL 
LIABILITY  EXEMPTION   
Article 1  
These Regulations are adopted pursuant to Article 
90terdecies of the Copyright Act (hereinafter, "the Act").  
Article 2 
Contact window information prescribed in subparagraph 3, 
paragraph 1 of Article 90quinquies of the Act shall specify the 
following particulars:  
1.Name of the individual or institution, address, contact telephone, 
fax number and electronic mail addr ess of the contact window.   
2.The format of electronic signatures accepted, or the information 
on willing to accept  the notification document without 
electronic signature . 
Article 3  
Any notification under Article 90septies through Article 
90novies of the A ct shall specify the particulars listed below, and 
shall be signed or sealed by the copyright holder, plate rights 
holder, or exclusive licensee (hereinafter, "the rights holder") or 
the rights holder ’s agent  thereof:  
1.The name, address, and telephone nu mber  or fax number or 
electronic mail address or description  of other automatic 
communication of the rights holder  or agent thereof . 
2.The name of the copyrights or plate rights infringed.  Copyright Act & Related Laws  
 - 124 - 3.A statement requesting the removal of, or disabling of access to, 
the content that allegedly infringes copyright  or plate  rights . 
4.Access or relevant i nformation sufficient to enable the Internet 
service provider to identify the allegedly infringing content . 
5.A statement that the rights holder or the agent thereof is  acting 
in good faith and in the belief that the allegedly infringing 
content lacks lawful licensing or is otherwise in violation of the 
Copyright Act.  
6.A declaration that the rights holder is willing to bear legal 
liability in the event there is misrepr esentation with resultant 
injury to another.  
A notification under the preceding paragraph shall be made 
in writing or in a document with an electronic signature, and 
delivered by post, fax, or electronic mail. If an Internet service 
provider has provided a  mechanism  verif ying right owners or 
made an agreement with the rights holders or the agent thereof, it 
may implement such mechanism accordingly.  
If a notification under paragraph 1 is issued under the name 
of an agent, it shall also expressly state that t he agent has been 
authorized by the rights holder , and specify the rights holder ’s 
name .  
If rights to multiple works or plates are allegedly infringed 
on the same system or network, the rights holder or the agent 
thereof may address them in a single notif ication.  
Article 4   
If a notification  issued by a rights holder or agent thereof 
does not comply with the provisions of the preceding article, the Regulations Governing Implementation of  
 ISP Civil Liability Exemption  
 - 125 - Internet service provider may notify the issuer to supplement or 
correct the notification.  
The notification  to supplement or correct described in the 
preceding paragraph shall be issued by the Internet service 
provider within 5 working days from one day after the date of 
receiving the notification issued by the rights holder or agent 
thereof.  
The rights holder  or agent thereof shall make the 
supplementation or correction within 5 working days from one 
day after t he date of receiving the notice to do so. If failing in 
whole or in part to supplement or correct the notification within 
that period, it will be deeme d not to have issued the notification.   
The notification to supplement or correct described in 
paragraph 1 shall be issued in the same manner as was issued by 
the rights holder or agent thereof to the Internet service provider, 
unless otherwise agreed upo n. 
Notification described in paragraph 1 that does not comply 
with the provisions of Article 3 or fails to supplement or correct in 
whole or in part as described in paragraph 3, may not bear upon 
the consideration that an Internet service provider had know ledge 
of an infringement.  
Article 5  
A "counter notification" under Article 90decies, paragraph 2 
of the Act shall specify the particulars listed below, and shall be 
signed or sealed by the user or agent thereof :  
1.The name, address, and telephone number o r electronic mail 
address of the user or agent thereof.   Copyright Act & Related Laws  
 - 126 - 2.A statement of the request to replace the content that has been 
removed or to restore access  to the content .  
3. Relevant information sufficient to enable the Internet service 
provider to identify the content.  
4.A statement that the user is acting in good faith and in the belief 
that the user has a lawful right to exploit the content, and that 
the removal or disabling of access to the content is the result of 
a misrepresentation or error on the part  of the rights holders  or 
agent thereof .  
5.A statement giving consent for the information storage service 
provider to forward the contents of the counter notification and 
the user's personal information to the rights holder  or agent 
thereof . 
6.A declarati on that the user is willing to bear legal liability in the 
event there is misrepresentation with resultant  injury to another.  
A counter notification under the preceding paragraph shall be 
made in writing or in a document with an electronic signature, 
and d elivered by post, fax, or electronic mail ; this shall not apply 
if Internet service provider  is willing to accept the counter 
notification without an electronic signature.  
If a notification under paragraph 1 is issued under the name 
of an agent, it shall a lso expressly state that the agent has been 
authorized by the user, and specify the user ’s name . 
Article 6  
If a counter notification does not comply with the provisions 
of the preceding article, the information storage service provider 
shall notify the user to supplement or correct the notification.  Regulations Governing Implementation of  
 ISP Civil Liability Exemption  
 - 127 - The notification to supplement or correct described in the 
preceding paragraph shall be issued by the information storage 
service provider within 5 working days from one day after the 
date of receiving the coun ter notification issued by the user or 
agent thereof.  
The user or agent thereof shall make the supplementation or 
correction within 5 working days from one day after  the date of 
receiving the notice to do so. If it fails in whole or in part to 
supplement or correct the counter notification within that period , 
it will be deemed not to have issued the counter notification.   
The notification to supplement or correct described in 
paragraph 1 shall be issued in the same manner as was issued by 
the user or agen t thereof to the information storage service 
provider, unless otherwise agreed upon.  
Article 7  
These Regulations shall come into force from the date of 
issuance.  Copyright Act & Related Laws  
 - 128 - Regulations Governing Application for Approva l of Compulsory  
License of Musical Works And Royalties for Use Thereof  
 - 129 - REGULATIONS  GOVERNING 
APPLICATION  FOR  APPROV AL  OF 
COMPULSORY  LICENSE  OF MUSICAL 
WORKS  AND  ROYALTIES  FOR  USE 
THEREOF  
Promulgated on June 10, 1992  
Amended and promulgated on January 23, 1998  
Amended and promulgated on April 19, 2000  
Amended and Promulgated by Ministry of Economic Affairs on 
February 20, 2002 per Letter No. Ging -Zhi-Tze 09104603141 . 
Article 1  
These Regulations are prescribed pursuant to Paragraph 2 of 
Article 69 of the Copyright Act (hereinafter referred to as "the 
Act").  
Article 2  
In applying for approval of a compulsory license, the 
following documents shall be presented:  
1.A writ ten application form;  
2.One sample copy of the musical work; and  
3.Other relevant evidential documents.  
Article 3  
Except as otherwise provided under these Regulations, the 
written application form in Item 1 of the preceding Article shall Copyright Act & Related Laws  
 - 130 - indicate the follo wing matters and be signed or sealed by the 
applicant or his/her agent.  
1.Applicant's name, date of birth or establishment, and domicile 
or residence, and, if the applicant is a juridical person, the name 
of its representative;  
2.The agent's name and domic ile or residence if the application is 
made by an agent, or, the name of its representative if the agent 
is a juridical person;  
3.The title of the musical work;  
4.The name and nationality of the author of the musical work;  
5.The name, nationality, and domi cile or residence of the owner 
of the economic rights to the musical work; also the agent's 
name and domicile or residence if there is an agent known by 
the applicant;  
6.The title of the sound recording for sale which has been 
recorded with the musical wor k and a statement indicating that 
the sound recording has been publicly published for over six 
months;  
7.A statement indicating that the applicant wishes to exploit the 
musical work to record and produce other sound recordings for 
sale; 
8.The kind of carri er which will be recorded with the sound 
recording to be published and the wholesale price thereof;  
9.The quantity of the sound recording to be published; and  
10.The quantity of musical works which the applicant wants to 
exploit in the sound recording he/s he plans to publish.  Regulations Governing Application for Approva l of Compulsory  
License of Musical Works And Royalties for Use Thereof  
 - 131 - Where the musical work does not indicate the matters in 
Item 3 of the preceding Paragraph, the matters may be omitted. 
The domicile or residence of the owner and his/her agent of the 
economic rights thereof may also be omitted if it is  unknown.  
Where the musical work is in conformance with the situation 
provided by Item 1 of Article 4 of the Act, the written application 
form shall indicate the country or area of its first publication and 
the date of publication as prescribed in that Ite m. 
Where the musical work is in conformance with the situation 
provided by the proviso of Article 4 of the Act, the written 
application form shall indicate the relevant facts complying with 
that proviso.  
Article 4  
Except as otherwise provided under these R egulations, the 
relevant evidential documents referred to in Item 3 of Article 2 
include:  
1.Evidential documents indicating that the sound recording for 
sale is recorded with a musical work; and  
2.Evidential documents for the fact that the sound recording for 
sale as set forth in the preceding Item has been publicly 
published for over six months  
Article 5  
Where an appointed agent files the application for a 
compulsory license, a power of attorney or an evidential docu - 
ment for authorization shall be presen ted. When the agent is 
changed or discharged, the change or discharge shall not take Copyright Act & Related Laws  
 - 132 - effect before a written notice of such change or discharge is given 
to the Copyright Authority charged with copyright matters . 
Article 6  
Where the documents presented by t he applicant are foreign 
official documents, the documents shall be authenticated by an 
ROC embassy/consulate, representative office, branch office, or 
other institute authorized by the Ministry of Foreign Affairs of the 
Republic of China, or verified by a  court or a civil notary public 
of the Republic of China.  
Where the documents presented by the applicant are in a 
foreign language, a Chinese translation thereof shall be submitted.  
Article 7  
After accepting the application, the Copyright Authority 
charged  with copyright matters shall notify the owner and his/her 
agent of the economic rights to the musical work; if the domicile 
or residence of the owner is unknown, the Copyright Authority 
charged with copyright matters shall put the contents of the 
written application into a public notice.  
The owner or his/her agent of the economic rights to the 
musical work may submit their opinion in writing to the Copy - 
right Authority charged with copyright matters within thirty 
days after receiving the notification or t he public notice set by the 
Copyright Authority charged with copyright matters.  
Where the owner of the economic rights to the musical work 
appoints an agent or has an agent to submit his/her opinion, a 
power of attorney or an evidential document for author ization 
shall be presented.  When the agent is changed or discharged, the Regulations Governing Application for Approva l of Compulsory  
License of Musical Works And Royalties for Use Thereof  
 - 133 - change or discharge shall not take effect before a written notice of 
such change or discharge is given to the Copyright Authority 
charged with copyright matters.  
Article 8  
Under  any o f the following situations, the Copyright Autho - 
rity charged with handling copyright matters should notify the 
applicant for collection by given  deadline:  
1.Where the application fee is not paid in compliance with these 
Regulations;  
2.Where the written ap plication form presented is not signed or 
sealed by the applicant or his/her agent;  
3.Where the items required to be indicated in the written 
application form are missing or incomplete;  
4.Where the items indicated in the written application form 
conflict w ith the evidential documents or the sample copy of the 
musical work;  
5.Where the documents required to be subm . 
6.Other situations that need to be corrected . 
Article 9  
Under  any of the following situations, the Copyright Autho - 
rity charged with copyright matters shall reject  the application:  
1.Where the Copyright Authority charged with  copyright 
matters has set a deadline demanding correction  in accordance 
with the provisions of the preceding Article, but the applicant 
has failed to correct or complete the correction by the deadline;  Copyright Act & Related Laws  
 - 134 - 2.Where the written application conflict s with Paragraph 1 of 
Article 69 of the Act; or  
3.Where the items requested for recordation  are untrue.  
Article 10  
Where the Copyright Authority charged with handling copy - 
right matte rs does not approve the compulsory license, it shall 
notify the applicant, the owner and his/her agent of the economic 
right to the musical work with a written statement of reasons.  
Article 11  
Where the Copyright Authority charged with handling 
copyright m atters approves the compulsory license, it shall put the 
approval decision into a public notice and notify the applicant, the 
owner and his/her agent of the economic right to the musical 
work.  
Article 12  
Upon approving a compulsory license, the Copyright A utho- 
rity charged with handling copyright matters shall simultaneously 
inform the applicant of how the royalties will be calculated and in 
what manner the license is permitted to use.  
The royalties paid by the applicant shall be calculated as 
follows:  
Royalties =  
The wholesale price of a sound recording which is scheduled to 
be published X 5.4% X the quantity to be published  ——————————————————————————  
The quantity of the musical work which would be used for the 
sound recording to be published  Regulations Governing Application for Approva l of Compulsory  
License of Musical Works And Royalties for Use Thereof  
 - 135 - In accordanc e with the formula of the preceding Paragraph, 
where the amount of the royalties calculated is under twenty 
thousand New Taiwan D ollars, it shall be calculated as twenty 
thousand New Taiwan D ollars; provided, the applicant has special 
reason and provide ev idence to demonstrate, may calculate ac - 
cording to the preceding Paragraph.  
Article 13  
The applicant who has lodged royalties shall report to the 
Copyright Authority charged with handling copyright matters for 
its recordation.  
Article 14  
Where the applica nt has not paid royalties, he/she shall not 
use the musical work to record and produce a sound recording for 
sale. 
Article 15  
The applicant who has obtained approval for a compulsory 
license from the Copyright Authority charged with handling 
copyright matt ers shall not transfer the approval or prohibit others 
from recording and producing another sound recording.  
Article 16  
Where the estimated wholesale price that the applicant has 
submitted is lower than the actual wholesale price or the 
estimated quantitie s of the musical works that the applicant has 
applied to use is higher than the quantities of the musical works 
that actually have been used , resulting in the amount of the 
royalties being  higher than w hat is calculated according to the 
provision of Articl e 12, the applicant shall make up for the Copyright Act & Related Laws  
 - 136 - deficiency.  
After the Copyright Authority  charged with handling 
copyright matters has approved a compulsory license, the 
applicant who wishes to increase the quantity of publications 
originally approved shall apply  to the Copyright Authority  
charged with handling copyright matters for change of the 
quantity of publication.  
Where the Copyright Authority  charged with handling 
copyright matters approves the change as set forth in the pre - 
ceding Paragraph, it shall put  the approval decision into a 
public notice and notify the applicant, the owner and his/her agent 
of the economic rights to the musical work.  
Article 17  
The sound recordings recorded and produced in accordance 
with these Regulations shall indicate the foll owing matters:  
1.The title of the musical work;  
2.The name of the author of the musical work;  
3.The date and document number of approval of the compulsory 
license by the Copyright Authority  charged with handling 
copyright matters;  
4.Areas of sales;  
5.Seria l number that is sufficient to identify the quantity to be 
published; and  
6.The product title and code of the produced  record work  
Where the musical work does not indicate the matters in Regulations Governing Application for Approva l of Compulsory  
License of Musical Works And Royalties for Use Thereof  
 - 137 - Item 1 of the preceding Paragraph, the matters may be omitted.  
The produced  record work may also be omitted if it does not 
indicate the matters in Item 6 of the preceding Paragraph.  
The applicant  shall , in accordance with Paragraph 1 , hand in 
a publication sample  to the   Copyright Authority , the owner and 
his/her agent of the economic rights to the musical work  whithin 
14 days , except where the domicile or residence  of the owner or 
his/her agent is unknown.  
Article 18  
Where the Copyright Authority charged with  copyright 
matters revokes or abolishes approval in accordance w ith Article 
71 of the Act, it shall put the decision into a public notice and 
notify the applicant, the owner and his/her agent of the economic 
rights to the musical work.  
The Copyright Authority charged with  copyright matters 
shall first inform the appli cant to stat e his/her opinion within a 
specified deadline before the revocation or abolishment of appro - 
val stated  in the preceding Paragraph.  
Article 19  
These Regulations shall come into force from the date of 
promulgation . Copyright Act & Related Laws  
 138 Regulations Governing Registration of Plate rights  
 - 139 - REGULATIONS  GOVERNING 
REGIST RATION  OF PLATE  RIGHTS  
Promulgated on February 23, 1998 per Letter No. Tai -(87)-Nei- 
Chu-Tze 8785536.  
Amended and Promulgated by Ministry of Economic Affairs on 
November 5,2003 per Letter No. Ging -Zhi-Tze 09204612840.  
Article 1  
These regulations are prescr ibed in accordance with Para  
graph 5 of Article 79 of the Copyright Act (hereinafter referred to 
as "the Act").  
Article 2  
An a pplication for re cordation  of plate rights shall be filed 
by the plate -maker with the Copyright Authority charged with 
copyright m atters . 
An application for recording the assignment of plate rights 
shall be filed by the assignee with the Copyright Authority 
charged with copyright matters.  
An application for recording the trust of plate rights shall be 
filed jointly by the trustor and  the trustee with the Copyright 
Authority charged with copyright matters.  
Article 3  
The following documents shall be submitted when  applying 
for re cordation  of plate rights:  
1.A written application for re cordation  of plate rights;  Copyright Act & Related Laws  
 - 140 - 2.Evidential documents ce rtifying that the plated literary work or 
artistic work has no economic rights or that such rights have 
been extinguished ; 
3.The original copy of the plated literary work or the original 
copy of the plated artistic work; and  
4.A statement describing in det ail the creation process of the said 
plate, together with one sample of the plate d work.  
In the absence of the evidential documents as set forth in 
Item 2 of the preceding Paragraph, an affidavit shall be submitted, 
stating that the plated literary work or  artistic work has no 
economic rights or that such rights have been extinguished . 
For the recordation of the plate rights of an artistic work, the 
evidential documents certifying the first publication of the 
reproduction of the original  copy of the artisti c work by 
photocopy, printing, or other similar means shall be submitted.  
In the absence of the said evidential documents, an affidavit 
stating the same shall be submitted.  
Article 4  
In applying for registration of plate rights, the written 
application sh all indicate the following particulars and shall be 
signed or sealed by the applicant or his/her agent:  
1.The name, date of birth and address of the applicant; or, where 
the applicant is a juridical person, the appellation, date of 
establishment, address o f the applicant and the name of the 
representative;  
2.Where the application is filed by an agent, the name and address 
of the agent; or, where the agent is a juridical person, the appel - Regulations Governing Registration of Plate rights  
 - 141 - lation ,address of the agent and the name of the representative;  
3.The title of the plate d work;  
4.The category of the plate;  
5.The title of the plate d original work and the name/appellation of 
the original author;  
6.The name/appellation and nationality of the plate -maker; and , 
the date the plate -making was completed.  
Artic le 5 
In applying for registration of plate rights, a plate d work 
which shall be examined pursuant to the law shall be accompany - 
ied with the approval documents issued by the relevant competent 
authority  
Article 6  
Where it is practically inconvenient or im possible to submit 
the original copy of a literary work or the original copy of an 
artistic work due to its significant  size or volum e, fragility, 
expensiveness, or other special circumstance s, the applicant may 
apply to the Copyright Authority charged wit h copyright matters  
for exemption from submission of the work, or submit a detailed 
statement describing the said original copy or original  work , a set 
of photographic pictures from four, five, or six views, or other 
substitutes.  
Where the sample copy of a  plated work cannot be submitted 
as set forth in the preceding paragraph, the applicant  may apply to 
the Copyright Authority charged with copyright matters for its 
approval for submitting part of the sample copy.  Copyright Act & Related Laws  
 - 142 - Article 7  
A sample copy of a plate work sha ll, in the appropriate place, 
indicate the following particulars:  
1.The title of the plate d original work and the name/appellation of 
the original author;  
2.The name/appellation of the plate -maker; and  
3.The date the plate -making is completed.  
The matter a s set forth in Item 1 of the preceding Paragraph 
may be omitted if the original work did not indicate such matter.  
Article 8  
The following documents shall be submitted in applying for 
recordation of the assignment of plate rights:  
1.A written application f or recording the assignment of plate 
rights; and  
2.Evidential documents certifying the assignment.  
Article 9  
A written  application for recording the assignment of plate 
rights shall indicate the following particulars and shall be signed 
or sealed by the a pplicant or his/her agent:  
1.Matters specified in items 1 through 7 of Article 4;  
2.Recordation number of the plate rights; and  
3.Names, dates of birth, and addresses of the assignor and the 
assignee; or, where the assignor or the assignee is a juristic 
person, the appellation, date of establishmen t, address of the Regulations Governing Registration of Plate rights  
 - 143 - juristic person and the name of representative.  
Article 10  
The following  documents shall be submitted in applying for 
recordation of the trust of plate rights, or invalidation of the trust 
of pla te rights, or recordation of the trust ownership of plate 
rights:  
1 A written application for recording the trust of plate rights; and  
2.Trust agreement or other evidential documents.  
Article 11  
A written application for recording the trust of plate rights  
shall indicate the following particulars and shall be signed or 
sealed by the applicant or his/her agent:  
1.Matters specified in Items 1 through 7 of Article 4;  
2.Recordation number of the plate rights; and  
3.Names, dates of birth, and addresses of the tr ustor and the 
trustee; or, where the trustor or the trustee is a juristic person, 
the appellation, date of establishment, address of the juristic 
person and the name of representative.  
4.If the trust relationship is extinguished and the ownership of the 
plate rights belongs  to a third  party, the applicant who applies 
for recording the trust ownership of the plate rights shall 
indicate the name, date of birth, and address of the third party; 
or where the third party is a juristic person, the appellation , date 
of establishment , address of the juristic person and the name of 
representative.  Copyright Act & Related Laws  
 - 144 - Article 12  
Where the number of applicants set forth in Article 2 is two 
or more, one or more of them may apply for recordation for the 
benefits of all the applicants.  
Articl e 13 
Where an applicant applies for re cordation  of plate rights by 
presenting foreign official documents, such documents shall be 
authenticated by an ROC  embassy, consulate, representative 
office, branch office, or other institute authorized by the Ministr y 
of Foreign Affairs of the Republic of China, or shall be verified 
by a court or a civil notary public of the Republic of China.  
Where the documents presented by an applicant are in a 
foreign language, a Chinese translation thereof shall be submitted.  
Article 14  
Where an applicant presents documents which are issued by 
civil, juridical person, organization al and other agencies in 
mainland China, such documents shall be authenticated by an 
agency established or appointed by the Executive Yuan or a 
private o rganization commissioned by the Executive Yuan.  
Article 15  
Under any of the following circumstances, the Copyright 
Authority shall notify the applicant for correction by  a given 
deadline:  
1.Where the applicant failed to pay the prescribed application fee, 
registration fee and/or publication fee;  Regulations Governing Registration of Plate rights  
 - 145 - 2.Where the particulars required to be indicated in the written 
application for registration of plate rights are not indicated or 
incompletely indicated;  
3.Where the documents required to be submitted are lacking; o r 
4.Other situations that need to be corrected . 
Article 16  
Under any of the following circumstances, the Copyright 
Authority charged with copyright matters  shall reject the applica - 
tion, and provide a written statement of reasons:  
1.Where the applicant is  not a person as set forth in Article 2;  
2.Where the particulars indicated in the written application 
conflict with the documents  submitted ; 
3.Where the items requested for re cordation  contravene  the 
provisions of Paragraph 1, Article 79 of the Act , in the  case of 
applying for recordation of plate rights ; 
4.Where the plate -making has been  completed for more than ten 
years;  
5.Where the items requested for re cordation  are untrue; or  
6.Where the Copyright Authority charged with copyright matters  
has, in accord ance with the preceding Article, set a deadline for 
correction , but the applicant has failed to correct  or complete 
the correction  by the deadline.  
Article 17  
In approving the re cordation  of plate rights, the Copyright 
Authority charged with copyright matt ers shall, in addition to Copyright Act & Related Laws  
 - 146 - docketing  the recorded particulars in the Register and publishing 
the re cordation  in an official gazette, give the applicant a written 
notice enclosed with a transcript of the Register.  
Article 18  
If any error in the recorded particulars is found after the plate 
rights have been re corded by the Copyright Authority charged 
with copyright matters , the applicant  may request correction of 
such an error by presenting evidential documents.  
Article 19  
Where there are errors  or omissions in the recorded 
particulars made by the Copyright Authority charged with 
copyright matters in accordance with these Regulations,  the 
applicant  may request the Copyright Authority charged with 
copyright  matters  to make correction s thereof. The Copyright 
Auth ority charged with copyright matters  may also initiate such 
correction s and notify the applicant  of the corrections . 
Article 20  
Where after the re cordation  has been approved by the 
Copyright Authority charged with copyright matters , the re corded  
particular s have changed and the changes do not involve the 
acquisition, forfeiture, or alteration of any right s, the applicant 
may request the changes by presenting evidential documents.  
Article 2 1 
After the Copyright Authority has approved a registration, 
the appl icant shall not request return of the evidential documents, 
the detailed statements describing the process of plate -making, Regulations Governing Registration of Plate rights  
 - 147 - and the sample copy of the plate work, which were submitted 
along with the application for registration.  
Article 2 2 
Where an applica tion for registration is filed by an agent, a 
power of attorney or an evidential document for representation 
authority shall be submitted. Upon the change or discharge of the 
agent, the principal shall notify the Copyright Authority in 
writing.  
Article 2 3 
The formats of the written application s for re cordation , 
Register, and other necessary documents and forms set forth in 
these Regulations shall be prescribed by the Copyright Authority 
charged with copyright matters . 
Applications requested under these Regu lations shall use the 
documents and forms designated by the Copyright Authority 
charged with copyright matters.  
Article 2 4 
These regulations shall come into force from the date of 
promulgation.Copyright Act & Related Laws  
 148 Regulations of Copyright Dispute Mediation  
 - 149 - REGULATIONS  OF COPYRIGHT 
DISPUTE  MEDIATION  
Promulgated by Min istry of Interior on April 17, 1987 per Letter 
No. Tai -(76)-Nei-Chu-Tze 484790.  
Amended and Promulgated by Ministry of Interior on September 
23, 1992 per Letter No. Tai -(81)-Nei-Chu-Tze 8183331.  
Amended and Promulgated by Ministry of Economic Affairs on 
June 9, 1999 per Letter No. Ging -Zhi-Tze 88012610 . 
Amended and Promulgated by Ministry of Economic Affairs on 
April 14, 2004 per Letter No. Ging -Zhi-Tze 0930053289 3. 
Article 1  
These Regulations are enacted pursuant to the provisions of 
Article 83 of the Copy right Act. (hereinafter referred to as "this 
Act ").  
Article 2  
With any of the following situations, a party may apply to 
the specialized agency in charge of copyright matters for media - 
tion in accordance with these Regulations:  
1.Disputes over royalties between a copyright intermediary 
organization and the user.  
2.Disputes over copyright or plate -right.  
Where the disputes referred to in Item 2 of the preceding 
Paragraph are involved with criminal offenses, the mediation 
thereof should be restricted to the  cases which could be prose - Copyright Act & Related Laws  
 - 150 - cuted by the Public Prosecutor upon complaints initiated by the 
victim.  
Article 3  
This dispute mediation provided by the preceding Article 
shall be mediated by one to three Members （hereinafter referred to 
as Mediation Member ） designated by Copyright Regulatory and 
Mediation Board (hereinafter referred to as Board) of the 
Intellectual Property Office of the Ministry of Economic Affairs 
according to the nature of incident or the category of works.  
Article 4  
The application for med iation by a party should be made in 
writing, indicate the following items, and be signed or sealed by 
the party or his/her agent:  
1.The names, birth date, domicile or residence, and the national 
ID card numbers; the name, office or business place, and the 
name, birth date, domicile or residence of the manager or the 
agent of a party where the party is a government authority, 
school, corporation or other juridical persons or organizations.  
2.Where the party has a statutory or assigned representative, the 
representative's name, birth date, domicile or residence, and the 
national ID card numbers.  
3.The incidents for mediation.  
4.Issues of the dispute.  
Duplicates of the written application set forth in the prece - 
ding Paragraph should be made one duplicate per p erson of the 
other party.  Regulations of Copyright Dispute Mediation  
 - 151 - Article 5  
Where a Party appoints an agent, it should present a Letter 
Power of Attorney.  
Where the agent is changed or discharged, the principal 
should give a written notice to the specialized agency in charge of 
copyright matters . 
Article 6  
When the specialized agency in charge of copyright matters 
accepts the application for mediation, it should send the dupli - 
cates of the written application for mediation to the other party 
and notify the other party that they shall express, by  a deadline, 
whether they would proceed with mediation; failure to express 
such would be deemed as refusal of mediation.  
Article 7  
Where a party's application for mediation is concurred by the 
other party, the specialized agency in charge of copyright matt ers 
should bring this case to the Board for mediation.  
Article 8  
Regarding the application for mediation, unless the media - 
tion is refused by the other party as provided by Article 6, the 
specialized agency in charge of copyright matters should design - 
nate a mediation date and notify the parties or their agent to be 
present.  
The other party may submit written opinions to the speci - 
alized agency in charge of copyright matters before the mediation 
date.  Copyright Act & Related Laws  
 - 152 - A party or his agent's absence on the mediation date without 
reasonable justifications shall be deemed to be that the mediation 
is not concluded. Nevertheless, if the Mediation Member 
considers that it is hopeful to reach a mediation, the specialized 
agency in charge of copyright matters may set another medi ation 
date.  
Article 9  
Mediation proceedings shall be conducted by Mediation 
Members at a place designated by the specialized agency in 
charge of copyright matters, which may be unopen to the public.  
Mediation may still be proceeded with even if only one 
Mediation Member set forth in the preceding Paragraph attends 
the mediation.  
Where the matters to be mediated are involved with Media - 
tion Member himself or his cohabitants, the Mediation Member 
shall withdraw from this mediation upon a party's request.  
Article 10  
Both parties may appoint one to three persons to attend the 
mediation meeting to assist in mediation. The specialized agency 
in charge of copyright matters may according to the nature of 
incident invite the people who have connection with the incid ent 
to attend the proceedings presenting their opinions.  
Article 11  
The Mediation Member, the attendants or participants of a 
mediation meeting, and/or the persons who have handled the 
mediation affairs should keep confidential the incidents being 
mediated , except those matters having been open to the public.  Regulations of Copyright Dispute Mediation  
 - 153 - Article 12  
Mediation Members should ask the opinions of both parties, 
give adequate advice to the parties, and proceed with the media - 
tion by taking the actual situations and key issues into account.  
Article 13  
When mediation agreement is reached, the specialized agen - 
cy in charge of copyright matters should prepare a written 
agreement of mediation, indicating the following items, and the 
said agreement shall be signed or sealed by the parties or thei r 
agents, the Mediation Members and relevant attendants:  
1.The names, birth date, domicile or residence, and the national 
ID card numbers; the name, office or business place, and the 
name, birth date, domicile or residence of the manager or the 
agent of a party where the party is a government authority, 
school, corporation or other juridical persons or organizations.  
2.Where the Party has a statutory or assigned representative, the 
representative's name, birth date, domicile or residence, and the 
national I D card numbers.  
3.The names, occupation and domicile or residence of the 
Mediation Members and of the attendants of the mediation.  
4.The incidents for mediation.  
5.The contents of the mediation agreement.  
6.The place where the mediation is concluded.  
7.The  date when the mediation is concluded.  Copyright Act & Related Laws  
 - 154 - The original copies of the written agreement of mediation set 
forth in the preceding Paragraph should pursuant to the provisions 
of paragraph 1 of Article 82bis be sent to the court which has the 
jurisdiction for revi ew, within seven days starting from the date 
when the mediation is concluded.  
Article 14  
The specialized agency in charge of copyright matters shall 
return the written agreement of mediation within fifteen days 
from the date the mediation is received from the court which has 
the jurisdiction pursuant to the provisions of paragraph 2 of 
Article 82bis, or notify the parties of the reasons within fifteen 
days from the date the notification is received when the court 
decides not to ratify a mediation pursuant t o the provisions of 
paragraph 3 of Article 82bis.  
Article 15  
When mediation fails, the specialized agency in charge of 
copyright matters shall notify the parties of the reasons within 
fifteen days from the date the mediation meeting decides the 
mediation f ails. 
Article 16  
These Regulations shall come into force from the date of 
promulgation.  
 Implementation Regulations For Suspension of Relea se of  
Goods Infringing on Copyright or Plate Rights by Customs Authorities  
 - 155 - IMPLEMENTATION REGULATIONS FOR 
SUSPENSION OF RELEASE OF GOODS 
INFRINGING ON COPYRIGHT OR PLATE 
RIGHTS BY CUSTOMS AUTHORITES  
Promulgated by Ministry of the Interior an d Ministry of Finance 
on June 8, 1998 per Letter No. Tai -(87)-Nai-Chu-Tze 8704665 & 
Tai-Tzai-Kuan -Tze 870378351.  
Amended and promulgated by Ministry of Economic Affairs and 
Ministry of Finance on March 20, 2002 per Letter No. 
Ging -Zhi-Tze 09104604140 & Ta i-Tzai-Kuan -Tze 0910550154.  
Amended and promulgated by Ministry of Economic Affairs and 
Ministry of Finance on January 27, 2005 per Letter No. Ging -Zhi- 
Tze 09304609880 & Tai -Tzai-Kuan -Tze 09305506800.  
Article 1  
These rules are prescribed in accordance wit h Article 90 ter 
of the Copyright Act (hereinafter referred to as "the Act").  
Article 2  
The copyright owner or the plate rights owner who applies, 
in accordance with paragraph 1 of Article 90 bis of the Act, for 
suspension of release of the imported or expor ted goods that are 
suspected of infringing on his/her copyright or plate rights shall 
post a bond in an amount equivalent to the customs authorities - 
valued landed cost of imported goods or the F.O.B. price of 
exported goods to serve as a security for the party whose goods 
are subject to the suspension of release. In addition, the 
application shall be submitted in writing to customs authorities at 
the port where the goods are to be imported or exported indicating Copyright Act & Related Laws  
 - 156 - therein the following items:  
1.He/she is the  owner of the said copyright or plate rights;  
2.Descriptions which may sufficiently identify the infringing 
goods; and  
3.The fact of infringement.  
The matters as set forth in Items 1 and 3 of the preceding 
Paragraph shall be expressly explained.  
The term “bond ” in the first pa ragraph, could be substitute 
by the followings ： 
1.Government Bond;  
2.Bank Time Certificates;  
3.Credit Co -operative Association Time Certificates;  
4.General Trust Receipt issued by investment & trust companies 
with more then one year tenure and  
5.Lending in stitution margin.  
The bonds  Listed in the first  to fourth  item of the preceding 
Paragraph  should be pledged at Customs authorities . 
Article 3  
Where an application for suspension of release, after exami - 
nation, complies with paragraph 2 of Article 90 bis and the 
preceding Article, customs authorities shall forthwith proceed 
with the suspension.  
Where an application for suspension of release needs to be 
made up, customs authorities shall immediately notify the Implementation Regulations For Suspension of Relea se of  
Goods Infringing on Copyright or Plate Rights by Customs Authorities  
 - 157 - applicant to make up the requirements. Before the  application has 
been made up, any of the customs clearance procedures shall not 
be affected.  
Article 4  
（deleted） 
Article 5  
In applying for inspection of goods, which are detained 
pursuant to Paragraph 4 of Article 90 bis of the Act, the applicant 
or the pa rty whose goods are subject to the suspension shall apply, 
in writing, to customs authorities at the port where the goods are 
to be imported or exported.  
The inspection as referred to in the preceding Paragraph 
shall be performed in the manner and at the t ime and place as 
appointed by customs authorities.  
While arranging the appointment as set forth in the prece - 
ding Paragraph, customs authorities are careful not to impair the 
protection of the confidential information of the detained goods.  
Article 6  
Wher e the detained goods have been given a final judgment 
from the court, which determined that the said commodities have 
infringed copyright or plate -right, customs authorities may, upon 
the written request of the applicant, notify him/her of the quantity 
of the detained goods, and the names/appellations and addresses 
of their consignor, importer, and consignee.  
Article 7  
These regulations shall come into force from the date of 
promulgation.  Copyright Act & Related Laws  
 - 158 -  
 Standards For Application Fees Related To Copyright Affairs  
 - 159 - STANDARDS FOR APPLICATION FEES 
RELATED TO COPYRIGHT AFFAIRS  
Promu lgated by the Ministry of Economic Affairs on July 
29,2000 per Letter No. Ging -(89)-Zhi-Tze 89315424.  
Amended and Promulgated by the Ministry of Economic Affairs 
on December 17,2003 per Letter No. Ging -Zhi-Tze 09204614560.  
Amended and Promulgated by the Ministry of Economic Affairs 
on April  12,2010 per Letter No. Ging -Zhi-Tze 09 904602080 . 
Article 1  
These Standards are enacted pursuant to the provisions of 
paragraph 2 of Article 105 of the Copyright Act.  
Article 2  
The fees for applications related to copy right affairs are 
listed as follow s： 
1.Application for approval of compulsory license of musical 
work s：NT$3,000 per work.  
2.Application for plate right recordal s：NT$3,600 per application  ; 
NT$100 per recordals; and NT$100 per publication in gazette.  
3.Application for plate right assignment recordal s：NT$1,200 per 
case.  
4. Application for plate right trust recordal s：NT$1,200 per case.  
5.Application for reviewing the plate right recordal s：application 
for reviewing sample copy or evidential documents, NT$10 0 Copyright Act & Related Laws  
 - 160 - per case; application for copying evidential documents, NT$100 
per case.  
6.Application for transcription of plate right recordal s：NT$50 per 
case. For further searc h：an additional NT$20 per page. 
However, no fees will be charged to the applicant if the t rans- 
cription is issued with plate right recordal approval letter.  
7.Application for copyright dispute mediatio n：NT$4,000 per 
case.  
Article 3  
These Standards shall come into force from the date of pro - 
mulgation.  Regulations For Copyright Collective  
 Management Organization Fees  
 - 161 - REGULATIONS  FOR  COPYRIGHT 
COLLECTIVE  MANAGEMENT 
ORGANIZATION  FEES  
Issued per July 5, 2000 Order No. (89) Jing -Zhi-Zi No. 89315371  
Amended and issued per February 26, 2010 Order No. 
Jing-Zhi-Zi No. 09904600960  
Article 1  
These Regulations are adopted pursuant to Article 10 of the 
Charges and F ees Act.  
Article 2  
Application fees for copyright collective management 
organizations are as follows:  
1.NT$28,000 per application is charged when management for 
one category of work is requested in the application for 
establishment permit; an additional NT$5,000 is charged  for 
each additional category added.  
2.Application to add a new category or categor ies of works to 
those managed : NT$15,000 per application for adding one 
category of work; an additional NT$5,000 is charged for each 
additional added.  
3.Application for permission for merger: NT$10,000 per case.  
Article 3  
These Regulations shall come into force from the date of 
issue.  Copyright Act & Related Laws  
 - 162 -  Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 163 - DIRECTIONS DEFINING THE CONTENT OF 
THE SUBPARAGRAPHS OF PARAGRAPH 3 
OF ARTICLE 80 -2 OF THE COPYRIGHT ACT  
Provisions  Comments  
1.These Directions are pur - 
suant to paragraph 4 of Arti - 
cle 80 -2 of the Copyright Act 
(herein after referred to as "the 
Act"). These Directions are pursuant to 
paragraph 4 of Article 80 -2 of the 
Copyright Act ("the Act") to 
elaborate the regulato ry principles 
set out in paragraph 3 of Article 
80-2 of the Act.  
2.The terms "disarm ed, des- 
  troyed, or by any other 
means circumvent ed" in 
paragraph 1  of Article 80 -2 of 
the Act and "disarming, 
destroying, or circumventting" 
in paragraph 2 of the same 
article  are referred to in these 
Directions by the abbreviated 
term "circumvent."  The term "circumvent" in these 
Directions means "disarm, des - 
troy, or by any other means 
circumvent" referred to in para - 
graph 1 of Article 80 -2 of the Act , 
and "disarming,  destroying, or 
circumventing" referred to in 
paragraph 2 of the same article.  
3.The equipment, devices, com - 
ponents, technology, or in - 
formation listed below may 
not be manufactured, im - 
ported, offered to the public 
for use, or offered in services 
to the public,  except in the 
circumstances set out in pa - 
ragraph 3 of Article 80 -2 of 
the Act:  
(1)That which is primarily for 1.Under the principle of tech no- 
  logical neutrality, equip ment,    
devices,  components, techno - 
logy, or information for 
circumve nting technological 
protection measures are not 
uniformly all prohibited from 
being manufactured, im ported,   
offered to the public for use, or 
offered in services to the 
public. Only those meeting Copyright Act & Related Laws  
 - 164 - the purpose of circum - 
ventting a technological 
protec tion measure ;  
(2)That which has limited 
commercial purpose other 
than the pu rpose in the 
preceding subparagraph ;  
(3)That which is marketed for 
use in circumventing a 
technological protection 
measure.  certain criteria are rated 
negatively and subject to 
restri ction. Relevant conditions 
are therefore prescribed after 
having reference to the US, 
European, Japanese, Korean, 
and Hong Kong regimes and 
the content of relevant free 
trade agreements.   
2.The term "technological protec - 
tion measure" in these Direc - 
tions encompasses both techno - 
logical protection measures to 
prohibit or restrict access to 
works ( "access controls ") and 
technological protection mea - 
sures to prohibit or restrict 
exploitation of works 
("exploitation controls "). 
4.The circumstances in the 
preceding point are also 
prohibited with respect to 
components, parts, or products 
of electronics,  communica - 
tions, or computing products, 
provided that the person who 
is manufactur ing them, 
import ing them, offer ing them 
to the public for use, or 
offer ing them in services to 
the public  shall not have any 
duty, in the design or selection 
of such products and 1.Among its various functions, a 
multifun ction electronic device 
may have a function that 
circumvents a technological 
protection measure, although 
the device is not designed 
primarily for purposes of such 
circumvention. Therefore, 
clarification is required as to 
whether manufacture and 
distributi on of such devices 
would be prohibited under the 
Act's protections for techno - 
logical measures .  Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 165 - components and parts thereof, 
of providing for a response to 
any particular technological 
protection measure.  2.The US Digital Millennium 
Copyright Act Section  1201  
(c)(3) states in part, " Nothing 
in this section shall require that 
the design of, or design and 
selecti on of parts and 
components for, a consumer 
electronics, telecommuni - 
cations, or computing product 
provide for a response to any 
particular technological mea - 
sure, so long as such part or 
component, or the product in 
which such part or component 
is integr ated, does not other - 
wise fall within the prohibit - 
tions of subsection (a)(2) or 
(b)(1) " [which corresponds to 
the prohibitions adopted in 
Point 3 regarding paragraph 3 
of Article 80 -2.]. Paragraph 48 
of the preamble to the 2001 
European Copyright Direct ive, 
states, " Such legal protection 
implies no obligation to design 
devices, products, components 
or services to correspond to 
technological measures, so 
long as such device, product, 
component  or service does not 
otherwise fall under the 
prohibition of Ar ticle 6 " [which Copyright Act & Related Laws  
 - 166 - corresponds to the prohibitions 
adopted in Point 3 regarding 
paragraph 3 of Article 80 -2.]. 
The intent of these provisions 
is to s trike a  balance between 
the interests of economic rights 
owners and the interests of 
manufacturers and sellers  of 
multifunction electronic 
devices. Given the necessity of 
this, the above legislation was 
taken in to reference in drafting 
the Directions.  
5."To preserve national security" 
in subparagraph 1 of para - 
graph 3 of Article 80 -2 of the 
Act means lawfully au thorized 
activities to protect informa - 
tion security or intelligence 
and other related matters for 
preserving national security. 
"Information security" in the 
preceding paragraph means 
acts carried out for purposes 
of identifying and handling 
vulnerabilit ies in government 
administered computers, com - 
puter systems, or computer 
network s. 1.This point applies to circum - 
stances in which it is permis - 
sible to circumvent techno - 
logical protection measures in 
lawfully authorized activities 
for purposes of pre serving 
national security, including 
permissibl y circumventin g 
access controls , or manufac - 
turing, import ing, or provi ding 
equipment, devices, compo - 
nents, technology, or informa - 
tion for circumvent ting access 
or exploitation controls .  
2.Examples:  
(1)To prevent invasions by 
hackers of government ad - 
ministered computers, the 
Research, Development, and 
Evaluation Commission, Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 167 - Executive Yuan , may, itself 
or by outsourcing to 
contractors, carry out testing 
of computers administered 
by various government 
agencies, to identify or treat 
vulnerabilities  in the 
computers and make 
improvements to safeguard 
information security.  
(2)To preserve national secu - 
rity, the National Security 
Bureau, upon identifying 
suspected threats to national 
intelligence needs, may  
disarm suspicious computers 
or servers, or technological 
protection measures attached 
to specific documents or 
files therein, to ascertain 
whether there is an intended 
threat to the country.  
3.This point is adopted with 
reference to the US Digital 
Millen nium Copyright Act 
Section 1201(e) concerning 
exemption for lawfully autho - 
rized intelligence and other 
government activity.  
6."Done by central or local go - 
vernment agencies " in sub - 
paragraph 2 of paragraph 3 of 1.This point applies to circum - 
stances in which a central or 
local government agenc y may Copyright Act & Related Laws  
 - 168 - Article 80 -2 of the Act means 
any lawful ly authorized prose - 
cutorial, investigative, or other 
government activity of a 
central or local government 
agency.  circumvent t echnological pro - 
tection measures in lawfully 
authorized government acti- 
vities, including permissibl y 
circum ventin g access controls , 
or manufactur ing, import ing, or 
provi ding equipment, devices, 
components, technology, or 
information for circumventing 
access or exploitation controls . 
2.Exam ple:  
A prosecutorial agency con - 
ducting an inquiry into a cri - 
minal offense under the Code 
of Criminal Procedure is 
exercising national public 
powers vested by the Code of 
Criminal Procedure or related 
special laws (e.g. the Com - 
munications Safeguards and 
Supervision Act), and so may 
circumvent technological pro- 
tection measures for purposes 
of carrying out such lawfully 
authorized activities.  
3.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act 
Section 1201(e) concerning 
exemption for lawfully autho - 
rized intelligence and other 
government activity.  
7."Done by file archive insti - 1.This point applies to circum - Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 169 - tutions, educational insti - 
tutions, or public libraries to 
assess whether to obtain  the 
information " in subparagraph 
3 of paragraph 3 of Articl e 
80-2 of the Act shall be sub - 
ject to the following con - 
ditions:  
(1)A n identical copy of the 
accessed work is not rea - 
sonably available in ano - 
ther form ; 
(2)After accessing the work, it 
is not retained longer than 
necessary to make a good 
faith deter mination  of 
whether to acquire the 
work, and is not used for 
any other purpose . 
An institution accessing a 
work in compliance with the 
preceding paragraph may 
circumvent a technological 
protection measure  prohibit - 
ing or restricting access to the 
work. stances in which a file archive 
or other institution may cir - 
cumvent access controls  for 
purposes of assessing whether 
to obtain  the information.  
2."File archive institutions, edu - 
cational institutions, or public 
libraries"  in this Point refers to 
those that are nonprofit, and 
whose collections are open to 
the public , or though not open 
to the public are available to 
researchers of the archives, 
educational institution, or 
library, and departments of its 
affiliated organizat ions and to 
other persons doing research in 
a specialized field.  
3. Examples:  
(1)A certain publisher pub - 
lishes an electronic ency - 
clopedia , but there is no 
trial-use version, and a copy 
of the work is not 
reasonably available in any 
other form (e.g. a paper 
version), necessitating that a 
library buy the electronic 
version in order to ascertain 
and assess whether the 
content of the encyclopedia 
is worth buying. In these Copyright Act & Related Laws  
 - 170 - circumstances, if the elec - 
tronic encyclopedia has 
access controls  so that the 
library is unable to access 
the content of the work 
before actually buying it, 
for purposes of ascertaining 
and assessing whether the 
work is worth buying for its 
collection, it is permitted to 
access and examine the 
work after circumventing 
the controls for pu rposes of 
assessing whether to buy it, 
so as to avoid nonprofit 
archives, educational insti - 
tutions, or public libraries 
wasting funds on the 
purchase of unneeded 
materials, thus balancing 
public and private interests.  
(2)The mechanical enginee - 
ring dep artment of a certain 
university wishes to assess 
whether certain software 
meets its needs for 
procurement purposes, but 
the manufacturer of the 
software has not provided a 
reasonable means of 
assessment and employs 
access controls . To prevent 
the universit y from buying Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 171 - software that does not meet 
its needs, it is permitted to 
access and examine it after 
circumventing the controls, 
to assess whether to buy it, 
thus balancing public and 
private interests.  
4.This point is adopted with 
reference to the US Digi tal 
Millennium Copyright Act 
Section 1201( d) concerning  
exemption for nonprofit lib - 
raries, archives, and educa - 
tional institutions.  
8."To protect minors " in sub - 
paragraph 4 of paragraph 3 of 
Article 80 -2 of the Act shall 
be subject to the following 
conditions:  
(1)It has the sole purpose of 
preventing the access of 
minors to works on the 
Internet;  
(2)It does not violate the pro - 
visions of the Act.  1.This point applies to circum - 
stances in which it is permis - 
sible to circumvent access 
controls  for p urposes of pro - 
tecting minors.  
2.Under the circumstances set out 
in this point, it is permissible to 
circumvent access controls, and 
to manufacture, import, or 
provide equipment, devices, 
components, technology, or 
information for circumventing 
access co ntrols.  
3.Example:  
There are certain works on the 
Internet with pornographic or 
violent content that are 
unsuitable for access and Copyright Act & Related Laws  
 - 172 - viewing by minors. From the 
standpoint of protecting mi - 
nors, under the Child and Youth 
Welfare Act and related laws 
and r egulations, a rating system 
should be adopted. However, if 
such works , or a server on 
which such works are stored , is 
protected by encryption or 
other access controls, so tha t 
the content cannot be 
distinguished on a case -by-case 
basis, it becomes impossib le to 
put ratings into practice to 
protect minors. For the 
purposes of protecting minors, 
it is therefore permissible to 
circumvent the  technological 
protection measures.  
4.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act 
Section 1201( h) concerning 
exemption s for protection of 
minors . 
9."To protect personal data" in 
subparagraph 5 of paragraph 
3 of Article 80 -2 of the Act 
refers to the following cir - 
cumstances:  
(1)The technological protect - 
tion measure or the work it 
protects has the capability 1.This point applies to circum - 
stances in which it is permis - 
sible to circumvent access 
controls to protect personal 
information.  
2.Example:  
A certain work or a techno - 
logical protection measure of Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 173 - of collecting or dissemi - 
nating personal informa - 
tion reflecting the online 
activities of a n individual  
natural person who seeks 
to gain access to the work ; 
(2)In the normal course of its 
operation, the technologi - 
cal protection measure or 
the work it protects does 
not provid e notice of the 
capability described in the 
preceding paragraph, and 
does not provid e the option 
of prevent ing or restrict ing 
that function ; 
(3)Circumvention has the sole 
effect of identifying and 
disabling th e capabi - 
lity described in subpara - 
graph (1), and has no other 
effect on the ability of any 
person to gain access to 
any work ;  
(4)The purpose of circum - 
vention is solely for the 
purpose of preventing the 
capability described in 
subparagraph (1) , and the 
act of circumvention is not 
in violation of any other 
law or regulation . the work has the capability of 
automa tically collecting or 
disseminating information 
about the online activities of a 
person accessing the work. 
However, it fails to provide 
notice to the user, causing the 
user to unknowingly have 
personal information reflecting 
his or her online activities 
collected or disseminated, 
seriously violat ing the 
individual's right of privacy. To 
protect the individual right of 
privacy and balance the legal 
protection of technological 
protection measures, it is 
therefore permissible to 
circumvent technological pro - 
tection measures under the 
circumstances set out in this 
point, to avoid such collection 
or dissemination functions.  
3.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act 
Section 1201( i) concerning  
exemption for protection of 
personally identifying infor - 
mation.  Copyright Act & Related Laws  
 - 174 - Where all the circumstan - 
ces in the subparagraphs of the 
preceding paragraph are met,  
it is permissible to circumvent 
a technological protection 
measure prohibiting or res - 
trictin g access to a work.  
Paragraph 1 does not apply 
to a technological protection 
measure, or a work it protects, 
that does not collect or 
disseminate personal informa - 
tion, or that is disclosed to a 
user as not having or using 
such collection or dissemina - 
tion capability . 
10."To perform security testing 
of computers or networks " in 
subparagraph 6 of paragraph 3 
of Article 80 -2 of the Act 
means  accessing a computer, 
computer system, or computer 
network, for the purpose of 
testing, inspec ting, or cor - 
recting, a security flaw or 
vulnerabilit y. 
The provisions of the pre - 
ceding paragraph shall be 
subject to the following con - 
ditions:  
(1)The security testing is per - 
formed solely by the own - 
er or operator of such 1.This point applies to circum - 
stances in which it is 
permissible to circumvent 
technological protection mea - 
  sures to perform security 
testing of computers or net - 
 works, includin g circum - 
venting access controls, and 
developing, manufacturing, or 
employing equipment, compo - 
nents, or technology for cir - 
cumventing access controls.  
2.Example:  
To test whether the firewall of 
the website of a certain agen - 
cy has any flaw or vulnera bi- 
lity, making it vulnerable to Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 175 - computer , computer sys - 
tem, or computer network , 
or a person authorized 
thereby;   
(2)The information derived 
from the security testing 
information is used solely 
to promote the security of 
the owner or operator of 
such computer, computer 
system, or computer net - 
work, or shared directly 
with the developer of such 
computer, computer 
system, or computer net - 
work ;  
(3)The information referred to 
in the preceding subpara - 
graph was used or main - 
tained in a manner that does 
not infringe copyright, nor 
does it includ e any 
violation o f privacy , breach 
of security , computer crime, 
or violation of    any 
other act or regulation.  
A person permitted to ac - 
cess a computer, computer 
system, or computer network 
in compliance with the pre - 
ceding two paragraphs may 
circumvent a technological  unauthorized hacking or inva - 
sion by others, it is permis - 
sible, for the sole purpose of 
security testing and where there 
is no violation of the Copyright 
Act or any other act or 
regulation, to circumvent a 
technological  protection mea - 
sure to access the computer, 
computer system , or computer 
network. This [point] is also 
applicable to developing, ma - 
nufacturing, distributing, or 
employing, for the sole pur - 
pose of such security testing, 
equipment, devices, compo - 
nents, technology, or infor - 
mation for circumventing 
technological protection mea - 
sures prohibiting or restricting 
access to works, or to firms 
providing such services.  
3.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act 
Sectio n 1201( j) concerning  
exemption for security testing.  Copyright Act & Related Laws  
 - 176 - protection measure  prohi - 
biting or restricting access to a 
work, provided that the 
person's conduct does not 
infringe copyright or violate 
any applicable act or regu - 
lation.  
It is permissible to deve - 
lop, manufacture, distribute, 
or employ  equipment, devices, 
components, technology, or 
information for circumventing 
technological protection 
measures prohibit ting or 
restricting [access] to works 
for the sole purpose of 
performing security testing 
described in paragraph 1, 
provided that such  equipment, 
devices, components, techno - 
logy, or information do not 
violate Point 3.  
11."T o conduct encryption re - 
search " in subparagraph 7 of 
paragraph 3 of Article 80 -2 of 
the Act means activities to 
identify and analyze flaws or 
vulnerability  of encryption 
technologies applied to co py- 
righted works, where con- 
ducted for purposes of ad- 
vanc ing encryption techno - 
logy or develop ing encrypt - 1.This point applies to circum - 
stances in which it is permis - 
sible to circumvent technolo - 
gical protection measures to 
conduct encryption research, 
including  circumven ting access 
controls, and developing or 
employ ing equipment, compo - 
nents, or technology for 
circumventing access controls.   
2.Example:  Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 177 - tion products , and where in 
compliance with the follow - 
ing conditions:  
(1)The person has lawfully 
obtained the encrypted 
copy  or content of th e 
published work ; 
(2)The encryption research  
cannot be conducted 
without circumvention;  
(3)The person attempted to 
obtain authorization  to 
circumvent from the rights 
owner before tak - 
ing the action, but did not 
receive consent;  
(4)The act does not infri nge 
copyright, nor does it 
include any violation of 
privacy, breach of security, 
computer crime, or 
violat ion of  any other act 
or regulation.  
In determining whether 
encryption research complies 
with the subparagraphs of the 
preceding paragraph , the fol- 
lowing factors shall be consi - 
dered:  
(1)W hether the information 
derived from the encrypt - 
tion research was disse - Collecting and studying works 
on the market that have 
technological protection mea - 
sures attached, and use encry - 
pttion technology, for purposes 
of researching new  encryption 
technology to develop new 
technological protection mea - 
sures or new network security 
mechanisms. Such research 
activity is beneficial to the 
development of encryption 
technology, so circumvention 
of technological protection 
measures attached t o lawfully 
acquired copies of works and 
works for which authorization 
has been sought but could not 
be obtained is permitted for the 
sole purpose of such encryption 
technology research, provided 
that it does not violate the 
Copyright Act or any other act 
or regulation. For the sole 
purpose of conducting encrypt - 
tion technology research, it is 
also permissible to develop or 
employ technological means 
for circumven ting technologi - 
cal protection measures, or to 
provide such technological 
means to other perso ns Copyright Act & Related Laws  
 - 178 - minated ; if so, whether it 
was disseminated in a 
manner to advance encry - 
ption technology ; whether 
it was disseminated in a 
manner that infringes 
copyright, or includ es any 
violation of privacy , breach 
of security , computer 
crime, or violation of any 
other act or regulation ;   
(2)W hether the research pur - 
pose of the person con- 
ducting the encryption 
research is lawful; whether 
the person is employed  by 
another person; whether 
the person is appropriately 
trained or experienced;  
(3)Whether the person con- 
ducting the encryption 
research provides the 
copyright owner of the 
work to which the tech - 
nological measure is ap - 
plied with notice of the 
findings or results of the 
research ; the time when 
such notice is provided .  
Where the provisions of the 
preceding two paragraphs are 
complied with, it is permissi - 
ble to circumvent a technologi - conducting encrypt tion re - 
search.  
3.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act 
Section 1201( g) concerning 
exemption for encryption 
research . Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 179 - cal protection measure prohi - 
biting or restricting access to a 
work.  
For the sole purpose of 
performing encryption re - 
searc h described in paragraph 
1, it is permissible to d evelop 
and employ technological 
means to circumvent a techno - 
logical protection measure 
prohibiting or restricting 
access to a work, and t o 
provide such technological 
means to another person 
working collaboratively on the 
encryption research described 
in paragraph 1, or to another 
person working on encryption 
research described in para - 
graph 1 for the purpose of 
having that person verify th e 
findings of the encryption 
research.  
12."Reverse engineering" in 
subparagraph 8 of paragraph 3 
of Article 80 -2 of the Act 
means a person who has law - 
fully obtained the right to use a 
computer program identifying 
and analyzing elements of such 
computer program for purpo - 
ses of achiev ing interoper - 1.Paragraph 2 of this point 
applies to circumstances in 
which it is  permissible   to 
circumvent access controls for 
purposes of conducting reverse 
engineering.  
2.Paragraph 3 permits the de - 
velopment or employment of 
technological means to circum - Copyright Act & Related Laws  
 - 180 - ability of an independently 
created computer program with 
other p rograms .   
Within the scope neces - 
sary to conduct reverse engi - 
neering described in the pre - 
ceding paragraph, and where 
there is no infringement of 
copyright, it is permissible to 
circumvent a technological 
protection measure prohibit - 
ing or restrictin g access to a 
computer program.  
As necessary for identify - 
cation and analysis to achieve 
the interoperability described 
in paragraph 1, and where it 
does not constitute copyright 
infringement, it is permissible 
to develop or employ techno - 
logical means to circumvent 
technological protection 
measures prohibit ing or res - 
tricting access to or exploita - 
tion of a computer program.  
 A person acting in com - 
pliance with the preceding two 
paragraphs may provide to 
others information acquir - 
ed through reverse  engineer - 
ing referred to in paragraph 2 
or the technological means 
adopted under paragraph 3, vent access controls and 
exploitation  controls as nece - 
ssary for identifi cation and 
analysis to achieve the intero - 
perability described in para - 
graph 1.  
3.Example:  
For purposes of developing a 
computer program that is in - 
teroperable with a computer 
program of another firm, e.g.: a 
firm that is developing a 
program for whic h intero - 
perability with WORD or PDF 
programming [is sought] can 
utilize reverse engineering to 
develop an interoperable pro - 
gram. To conduct reverse 
engineering, after circum - 
venting a technological pro - 
tection measure attached to 
WORD or PDF programm ing, 
it can decode the other person's 
program to ascertain the 
structure and technology of the 
other person's program, but 
solely for purposes of 
developing an interoperable 
program.  
4.This point is adopted with 
reference to the US Digital 
Millennium Copy right Act 
Section 1201( f) concerning Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 181 - where provided solely for the 
purpose of achieving intero - 
perability referred to in para - 
graph 1, to the extent that 
there is no violation of the Act 
or any o ther act or regulation.  
For purposes of this 
point, the term " interoper - 
ability" means the ability of 
computer programs to exchan - 
ge information, and to use the 
information so exchanged . exemption for  reverse engine - 
ering . 
 
13."Other circumstances speci - 
fied by the competent autho - 
rity" in subparagraph 9 of 
paragraph 3 of Article 80 -2 of 
the Act includes the following 
circumstances:  
(1)Lists of network locations 
blocked by commercial 
filtering software applica - 
tions that are intended to 
prevent access to do -mains 
or websites, but not inclu - 
ding lists of net work  
locations blocked by 
software applications that 
operate exclusively to 
protect against damage to a 
computer or computer net - 
work , or exclusively to 
prevent receipt of email;   1.This point applies to  circum - 
stances specified by the com - 
petent authority in which it is 
permissible to circumvent ac - 
cess controls.  
2.Examples:  
(1)Where the webmaster of a 
certain non -pornographic 
website,  for purposes of 
ascertaining whether that 
website is being improp erly 
blocked by a commercial 
filtering program,  circum - 
vents a n access  control used 
by that filtering program.  
(2)Where a program that a user 
has acquired lawful autho - 
rization to use is protected 
by dongles preventing use 
due to malfunction, and the Copyright Act & Related Laws  
 - 182 - (2)Computer programs pro - 
tected by dongles that      
prevent access due to mal - 
function , damage , or ob - 
solescence ; 
(3)Computer programs or 
digital content in formats  
that have become obso - 
lete and which require the 
original media or hardware 
as a condition of access;  
(4)Literary works distributed 
in ebook format when all 
existing editions of the 
work , including digital text 
editions adopted by 
authorized entities , contain 
access controls that pre - 
vent the enabling of the 
ebook's read -aloud func - 
tion and that prevent the 
enabling of screen readers 
to render the text into a 
specialized format , rende - 
ring blind or readers with 
disabilit ies unable to read 
the work, for  purposes of 
enabling them to do so.  
Under any of the circum - 
stances in the subparagraphs 
of the preceding paragraph, it 
is permissible to circumvent 
technological protection mea - user, for purposes of con - 
tinuing to use the program, 
circumvents an access con - 
trol used by that program.  
(3)Where it is an act of cir - 
cumventing an access con - 
trol used by a computer 
program that is in a pro- 
gram format that has fallen 
out of general  use and 
become obsolete, when it 
subsequently become s ne- 
cessary to use the program 
format as a condition of 
access to the computer 
program.  
(4)Where it is an act of cir - 
   cumventing a  technologi - 
cal protection measure used 
by an edition of an ebook 
that prevents the enabling of 
the ebook's read -aloud 
function and [prevents] the 
enabling of a screen reader 
to render the text in a 
specialized format, rende - 
ring blind readers unable to 
read the work, where done 
for purposes of enabling 
them to do so.   
3.This point is adopted with 
reference to the US Digital 
Millennium Copyright Act Directions Defining The Content of The Subparagraphs of  
Paragraph 3 of Article 80 -2 of The Copyright Act  
 - 183 - sures prohibit ing or restricting 
access to a work.  Section 1201( a) concerning 
exemptions for circumvention 
of commercial filtering soft - 
ware, computer program hard - 
ware, computer program for - 
mats, and ebooks.   
14.These D irections shall be 
reviewed at least once every 
three years.  The paragraph 4 of Article 80 -2 
of the Act charges the compe - 
tent authority with periodically 
reviewing the Directions, so the 
period for such review is speci - 
fied here.  
 
 
 Copyright Act & Related Laws  
 - 184 - Organization Regulations For The Copyright Review and  
Mediation Committee of The Intellect ual Property Office,  
Ministry of Economic Affairs  
 - 185 - ORGANIZATION REGU LATIONS FOR THE 
COPYRIGHT REVIEW AND MEDIATION 
COMMTTEE  OF THE  INTELLECTUAL 
PROPERTY  OFFICE,  MINISTRY  OF 
ECONOMIC  AFFAIRS  
Approved by Executive Yuan on August 11, 1992 per Order No. 
Tai-(81)-Yen-Tsung -Tze3990; Issued by Ministry of Interior on 
August 28, 1 992 per Order No. Tai -(81)-Nai-Chu-Tze 8183016.  
Amended and Issued by Ministry of Economic Affairs on July 28, 
1999 per Order No. Ging -(88)-Zhi-Tze 88461851.  
Amended and Issued by Ministry of Economic Affairs on March 31, 
2004 per Order No. Ging -Zhi-Tze 09304602820.  
Amended and Issued by Ministry of Economic Affairs on August 24, 
2010 per Order No. Ging -Zhi-Tze 09904605270.  
Article 1  
These Regulations are adopted pursuant to Article 83 of the 
Copyright Act.  
Article 2  
A Copyright Review  and Mediation Comm ittee (hereinafter, 
"the Committee") shall be established by the Intellectual Property 
Office (hereinafter, "TIPO") of the Ministry of Economic Affairs to 
handle matters under Article 82 of the Copyright Act and under 
Article 25, Paragraph 4, Article 26, Paragraph 2, and Article 30, 
Paragraph 5 of the Copyright Collective Management Organization 
Act. Copyright Act & Related Laws  
 - 186 - Article 3  
The Committee shall consist of a chair to be concurrently 
assumed by the Director General of TIPO, and 21 to 29 members to 
be appointed by the Direct or General of TIPO from among relevant 
government agency representatives, scholars, experts, rights holder 
representatives, exploiter representatives, and relevant TIPO 
personnel, to serve term of two years concurrently with their regular 
positions.  
Articl e 4 
The Committee shall appoint one executive secretary, three 
secretaries, and two to six staff, all of whom shall be relevant TIPO 
personnel serving on assignment concurrently with their regular 
positions.  
Article 5  
Meetings of the Committee shall be con vened and presided over 
by the chair. In the event that the chair is unable to attend a meeting, 
the chair shall designate one member to chair the meeting.  
Article 6  
A resolution on a matter under review by the Committee may be 
adopted only by the consent of a majority of the members in 
attendance at a meeting attended by one -half or more of all members.  
A resolution on a matter under consultation by the Committee 
may be adopted only by the consent of a majority of the members in 
attendance at a meeting att ended by one -third or more of all members. 
However, for consultation on matters set out in the Copyright 
Collective Management Organization Act, depending on the actual 
circumstances of a case, after giving consideration to the scope of the Organization Regulations For The Copyright Review and  
Mediation Committee of The Intellect ual Property Office,  
Ministry of Economic Affairs  
 - 187 - market for copy right exploitation and the affect on its licensing order, 
the Committee may designate three to five members to form a 
consultati on subcommittee, which may adopt a resolution only by the 
consent of more than two -thirds of the subcommittee members in 
attenda nce at a subcommittee meeting attended by two -thirds or more 
of the subcommittee members.  
Members shall attend Committee meetings in person. However, 
government agency representative who is unable to attend may 
appoint a representative to attend on their behalf . That representative 
shall be counted among the members in attendance and have a voice 
and a vote at the meeting.  
When the Committee handles dispute resolution matters, it shall 
do so in accordance with the Regulations of Copyright Dispute 
Mediation . 
Article 7  
The Committee may invite relevant persons to attend meetings 
and provide  opinions.  
Article 8  
All personnel serving in a concurrent capacity on the committee 
do so in a pro bono capacity.  
Article 9  
The funds required by the Committee shall be al located from 
TIPO's annual budget.  
Article 10  
The Committee has no capacity to issue any official documents 
externally. All resolutions of the Committee, after being approved by Copyright Act & Related Laws  
 - 188 - the Director General of TIPO, shall be issued in the name of TIPO.  
Article 11  
These Regulations shall come into force from the date of issue. 
 - 189 - NOTE  
In case of discrepancies between the Chinese and this English 
version the Chinese version shall prevail.  
The translations of the Act and regulations in this compilation is 
respectively dr afted by the followiog Act firms (as listed beneath ) 
and later revised and concluded by the competent authority of the 
Copyright Act.  
Name of the Act/Regulation  Translator  
Copyright Act  Winkler Partners Attorneys at 
law of Taiwan and Foreign 
Legal Affair s 
Copyright Intermediary Organiza - 
tion Act  Lee and Li Attorneys -At-Laws  
The Illustrated Contents of Each 
Kind of Works In Paragraph One, 
Article 5 of the copyright Act.  Lee and Li Attorneys -At-Laws  
Standards for Compensation for Fair 
Use of Works in Pa ragraph Four, 
Article 47 of the Copyright Act.  Qi Lin International Law 
Offices  
Regulations Governing Application 
for Approval of Compulsory License 
of Musical Works and Royalties for 
Use Thereof  Lee and Li Attorneys -At-Laws  
Regulations Governing Registr ation 
of Plate Rights  Lee and Li Attorneys -At-Laws  
Implementation Regulations for 
Suspension of Release of Goods 
Infringing on Copyright or Plate 
Rights by Customs Authorities  Lee and Li Attorneys -At-Laws  
Directions Defining the Content of 
the Subparagra phs of Paragraph 3 of 
Article 80 -2 of the Copyright Act  Winkler Partners Attorneys at 
law of Taiwan and Foreign 
Legal Affairs  Copyright Act & Related Laws  
 - 190 -  
 Public Announcement by The Ministry of Economic Affairs  
 - 191 - PUBLIC  ANNOUNCEMENT  BY THE  
MINISTRY  OF ECONOMIC  AFFAIRS  
Date issued: July 6, 2010  
Ref.: Jing -Zhi-Zi No. 09904604090  
Subject: The Minimum Number of Promoters Required for Various 
Categories of Works in Applying for Permission to Establish a 
Copyright Collective Management Organization is adopted 
and will take effect from February 12, 2010.  
Basis: Article 4, Paragraph 3 of the Copy right Collective 
Management Organization Act  
Announcement:  
1.When applying for permission to establish a Copyright Collective 
Management Organization, the minimum number of promoters 
required for each category of work is as follows:  
 (1) Oral and literar y works: 120 persons  
 (2) Musical works: 120 persons  
 (3) Works in other categories: 30 persons  
2.When applying for management of works in two or more categories, 
the minimum number of promoters in each category must satisfy 
the number of persons stipula te in the respective subparagraphs of 
the preceding point.  
3.When a pplying to add a new category of works to those manage d, 
the provisions of points 1 and 2 shall apply mutatis mutandis to the Copyright Act & Related Laws  
 - 192 - number of persons on the economic rights holder  registry  that is 
attached to the application.  Regulations Governing Registration and Review  
of Pledges  of Copyright  
 - 193 - REGULATIONS  GOVERNING  
REGISTRATION  AND  REVIEW  OF 
PLEDGES  OF COPYRIGHT   
Adopted and issued on September 24, 2010, per Order No. 
Jing-Zhi-Zi-09904605970  of the Ministry of Economic Affairs  
Article 1   
These Regulations are a dopted pursuant to Article 2 3, Paragraph 
3 of the Law for the Development  of the Cultural and Creative 
Industries (hereinafter "the Act")  
Article 2  
An application for registration of the creation, assignment, 
alteration, extinguishment , or restriction of disposition, of a pledge of 
economic rights may be made by one of the parties involved.  
An application for registration of the assignment, alteration, 
extinguishment , or restriction of disposition, of a pledge of economic 
rights shall be made only after t he application for registration of 
creation of the pledge.  
Article 3  
An application pursuant to Article 2 3, Paragraph 1 of the Act for 
registration of a pledge of economic rights shall be made by 
submitting an application form with the following documents:  
1.For registration of creation of a pledge, the pledge agreement or 
other document evidencing creation of the pledge.  
2.For registration of an assignment of pledge, the assignment Copyright Act & Related Laws  
 - 194 - agreement and the original pledge agreement or other document 
evidencing th e creation of the original pledge.  
3.For registration of the alteration of a pledge, documents evidencing 
the alteration.  
4.For registration of the extinguishment of a pledge, documents 
evidencing the discharge of the obligation, documents evidencing 
the a greement of each party to the extinguishment of the pledge, a 
final and conclusive court judgment or other evidentiary document 
that has the same legal effect, pursuant to law, as to a final and 
conclusive court judgment.  
5.For registration of a restrictio n of disposition of a pledge, 
documents evidencing the restriction of disposition.  
6.Other relevant documents designated by the competent copyright 
authority.  
First-time application for registration of creation of a pledge of a 
given work shall submit a sa mple of the work. If special 
circumstances such as the size, fragility, or cost of the sample  make 
its submission either inconvenient or impossible, the applicant may 
state the reasons and enclose a detailed description of the work, 
photographs of the work  taken from four, five, or six perspectives, or 
other substitute s for the sample of the work.  
Article 4  
Under any of the following circumstances, the competent 
copyright authority shall notify the applicant to supplement or correct 
the application within a  specific deadline:  
1.Fees have not been paid in accordance with regulations.  
2.The application form has not been signed or sealed by the applicant Regulations Governing Registration and Review  
of Pledges  of Copyright  
 - 195 - or the applicant's agent.  
3.The information required in the application has not been provided , 
is incomplete , or does not conform to the documentary evidence 
provided . 
4.Required attachments have not been provided.  
5.Other matters that require supplementation or correction.  
Article 5  
Under any of the following circumstances , the competent 
copyright authority sha ll reject the application with a written 
explanation of the reasons:  
1.The applicant is not one of the persons designated by Article 2, 
Paragraph  1. 
2.The subject of the application does not comply with Article 23, 
Paragraph  1 of the Act.  
3.The application  involves a dispute with an interested party and its 
content involves private rights.  
4.The information set out in the application form contains 
misrepresentations.  
5.The competent copyright authority has set a specific deadline for 
supplementation or corr ection in accordance with the preceding 
article, and the applicant has failed to meet the deadline for 
supplementation, or has met the deadline but the application 
nevertheless remains incomplete.  
Article 6  Copyright Act & Related Laws  
 - 196 - When the competent copyright authority approves a registration , 
it shall notify the applicant in writing and publicly announce the 
information on its website.  
The competent copyright authority  shall establish and maintain a 
registry of pledges of economic rights, including the reasons for the 
approval of  each registration. Any person may apply to view the 
registry.  
Article 7    
Applications for registration  submitted  pursuant to these 
Regulations shall use the documents and forms designated by the 
competent copyright authority . 
An applicant that submits any document in a foreign language 
shall also attach a Chinese translation or a translation of the relevant 
portions . 
Article 8  
These Regulations shall come into force from the date of their 
issuance.  Regulations Governing Application for Approval of License of Works of
 unknown  Owner of  Copyr ights and Royalties for Use Thereof  
 - 197 - REGULATIONS  GOVERNING 
APPLICATION  FOR  APPROV AL  OF 
LICE NSE  OF WORKS  OF UNKNOWN 
OWNER  OF COPYRIGHTS  AND  ROYALTIES 
FOR  USE  THEREOF  
Adopted and issued on September 24, 2010, per Order No. 
Jing-Zhi-Zi-09904605970  of the Ministry of Economic Affairs  
Article 1  
These Regulations are adopted pursuant to  Article 24,P aragraph  
5 of the Law for the Development  of the Cultural and Creative 
Industries (hereinafter"the Act").  
Article 2  
Pursuant to Article 24, Paragraph 1 of the Act, the following 
documents shall be submitted when applying for a license:  
1. An application for m. 
2. A sample of the work the applicant wishes to exploit.  
When special circumstances  such as the size, fragility, or cost of 
the sample make it either  inconvenient or impossible to submit a 
sample of the work as required under subparagraph  2 of the 
prece ding paragraph, the applicant may state the reasons and enclose 
a detailed written description of the work, photographs of the work 
taken from four, five, or six perspectives, or other substitutes for the 
sample.  
Article 3  Copyright Act & Related Laws  
 - 198 - The application form of P aragraph  1, subparagraph  1 of the 
preceding article shall contain the following information, and shall be 
signed or sealed by the applicant or the applicant's agent:  
1.The applicant's name or entity name, date of birth or date of 
establishment, and domicile or res idence; in the case where the 
applicant is a juristic person, the name of the juristic person's 
representative.  
2.When the application is filed by an agent, the agent's name or entity 
name and domicile or residence; in the case where the agent is a 
juristi c person, the name of the juristic person's representative.  
3.The type, name, and content of the work to be exploited, and the 
name or entity name of the economic rights holder and the author 
of the work; the names of the economic rights holder and the 
author need not be provided if unknown.  
4.A statement of the cultural or creative product to be produced 
through exploitation of the work.  
5.A statement of the method of calculating royalties.  
6.A statement indicating all efforts have been exhausted to locate  or 
contact the economic rights holder.  
7.A statement of any prior public release of the work to be exploited.  
The statement under subparagraph  5 of the preceding paragraph  
shall include each of the following:  
1.The amount of royalties that have been paid for the exploitation of 
works of a similar type in the market.  
2.The intended scope of exploitation of the work.  Regulations Governing Application for Approval of License of Works of
 unknown  Owner of  Copyr ights and Royalties for Use Thereof  
 - 199 - 3.The anticipated valuable consideration or other means of yields by 
which the exploiter expects to benefit from  the transactions 
involving the  exploiter's cultural or creative product.  
4.The number of times, and the period for which, the work is to be 
exploited.  
5.The proportion of the work to be exploited that the exploiter 
intended to use in the cultural or creative product to be produced.  
6.Any other explanatory statements as may be required by the 
competent copyright authority.  
The statement under subparagraph  6 of P aragraph  1 shall at least 
include each of the following:  
1.The applicant has inquired with a related copyright organization(s) 
or other agency(ies) regarding the name or entity name, domicile or 
residence, and other related information of the economic rights 
holder of the work to be exploited, and the organization(s) or 
agency(ies) concerned has responded that the desired informati on 
cannot be ascertained, or given no response  after 30 days of 
receiving the documents requesting the information.  
2.The applicant  has advertised in a newspaper or has used other 
appropriate methods to search publicly for the economic rights  
holder or re lated information, and received no response after 30 
days from the date the advertisement or other appropriate method 
of search was made.   
Advertisement or other appropriate method of publicizing the 
search of subparagraph  2 of the preceding paragraph sha ll contain 
each of the following:  
1.The applicant's name or entity name, date of birth or date of Copyright Act & Related Laws  
 - 200 - establishment, and domicile or residence; in the case where the 
applicant is a juristic person, the name of the juristic person's 
representative.  
2.The type, name, and content of the work to be exploited, and the 
name or entity name of the economic rights holder and the author 
of the work; the names of the economic rights holder and the 
author need not be provided if unknown.  
3.The name and domicile or residenc e of the copyright organization(s) 
or other agency(ies) consulted, and the date on which the inquiry 
was made.  
Article 4  
Under any of the following circumstances , the competent 
copyright authority shall notify the applicant  to make a 
supplementation or cor rection within a specific deadline:  
1.Fees have not been paid in accordance with  regulations.  
2.The application form has not been signed or sealed by the applicant 
or the applicant's agent.  
3.The information required in the application has not been provide d 
or is incomplete.  
4.The information provided in the application does not conform with 
the attached documents or the sample of the work provided.  
5.Other matters that require supplementation or correction.  
Article 5  Regulations Governing Application for Approval of License of Works of
 unknown  Owner of  Copyr ights and Royalties for Use Thereof  
 - 201 - Under either of the following circumsta nces, the competent 
copyright authority shall reject the application with a written 
explanation of the reasons:  
1.The subject of the application does not comply with Article 24 of 
the Law for the Development  of the Cultural and Creative 
Industries.  
2.The c ompetent copyright authority has set a specific deadline for 
supplementation or correction in accordance with  the preceding 
article, and the applicant has failed to meet the deadline, or has met 
the deadline but the application nevertheless remains incompl ete. 
Article 6  
When the competent copyright authority approves the licensing 
of the work, it shall at the same time approve the royalty for its use. It 
shall notify the applicant in writing and publicly announce the 
information on its website.  
The applican t may not exploit the work for which it has received 
licensing unless it has deposited royalties for its use in the amount 
approved pursuant to  the preceding paragraph . 
Article 7    
When the competent copyright authority handles an application 
for licensin g pursuant to  these Regulations , it shall still perform the 
necessary verification procedures.  
Article 8     
Applications for licensing made pursuant to these Regulations 
shall be submitted using the documents and forms designated by the 
competent copyrigh t authority.  Copyright Act & Related Laws  
 - 202 - An applicant that submits any document in a foreign language 
shall also attach a Chinese translation or a translation of the relevant 
portions.  
Article 9  
These Regulations shall come into force from the date of their 
issuance.  Regulations for Application Fee Concerning Registration of P ledges  of 
Copyright  
 - 203 - REGULATIONS FO R APPLICATION FEE 
CONCERNING REGULATION OF PLEDGES 
OF COPYRIGHT  
Adopted and issued on September 24, 2010, per Order No. 
Jing-Zhi-Zi-09904605970  of the Ministry of Economic Affairs  
Article 1  
These Regulations  are adopted pursuant to  Article 10 of the 
Charge s and Fees Act.  
Article 2  
Fees for applications for registrations of copyright pledges are as 
follows:  
1.The fee for each application for creation of a pledge is NTD3,000.  
2.The fee for each application for assignment, alteration, extinguish - 
ment, or rest riction of disposition of a pledge is NTD2,000.  
Article 3  
These Regulations  shall  come into force from the date of 
issuance.  Copyright Act & Related Laws  
 - 204 - Regulations for Application Fee Concerning Licensing of Works for The Use 
of Works of Unknown Owner of Copyrights  
 - 205 - REGULATIONS FOR APPLICATION FEE 
CONCERNING LICENSING OF WORKS FOR 
THE USE OF WORKS OF UNKNOWN 
OWNER OF COPYRIGHTS  
Adopted and iss ued on September 24, 2010, per Order No. 
Jing-Zhi-Zi-09904605970  of the Ministry of Economic Affairs  
Article 1  
These Regulations  are adopted pursuant to  Article 10 of the 
Charges and Fees Act.  
Article 2  
Application  fee for permission to exploit works of wh ich the 
economic rights holder cannot be identified or contacted ("orphan 
works") is NTD5,000 per work.  
Article 3  
These Regulations  shall come into force from the date of their 
issuance. 
 Copyright Act & Related Laws -2010  
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Publish Dat e：Oct. 2010 second  edition  
Editor：Intellectual Property Office, MOEA  
Publisher ：Intellectual Property Office, MOEA  
Addres s：185, Hsinhai Road, Sec. 2, 3F ，Taipei 106,  
Taiwan, Republic of China  
URL：http://www.ti po.gov.tw/  
Telephone：(02)2738 -0007  
Purchasing  locatio n： 
Wu-Nan Book s Co. Ltd. 
R.O.C  Government  Publications  
NO.600,  Junfu 7Rd.Beitun Dist.  Taichung City 
406,Taiwan  
Telephone：(04)2437 -8010  
Government  Publications Bookstore  
1F, No.2 09, Songjiang Rd., Zhongs han Dist. Taipei 
City 104 , Taiwan (R.O.C.)  
Telephone：(02)2518-0207  
Price：NT$100  
―――――――――――――――――――――――――――――――――  
According  to Article 9 of the Copyright Act, laws and 
regula tions are not subject matter of  copyright, thus they can be 
used freely by everyone . 
 
GPN：1009 601903  
ISBN：978-986-01-0355 -7(平裝 )