IP/N/1/TPKM/C/10  
 
8 May 2014  
(14-2845)  Page: 1/31  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , KINMEN AND MATSU 
The present document reproduces the text1 of the Copyright Act, notified by the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu under Article 63.2 of the Agreement (see document IP/N/1/TPKM/6). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
T
ERRITOIRE DOUANIER DISTINCT DE TAIWAN , PENGHU , KINMEN ET MATSU 
Le présent document contient le texte1 de la Loi sur le droit d'auteur, qui a été notifié par le 
Territoire douanier distinct de Taiwan, Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TPKM/6). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
TERRITORIO ADUANERO DISTINTO DE TAIWÁN , PENGHU , KINMEN Y MATSU 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, notificado por el 
Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu de conformidad con lo dispuesto 
en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TPKM/6). 
                                               
 1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte, dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original.  IP/N/1/TPKM/C/10 
 
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  COPYRIGHT ACT 
 1. 40 Articles adopted and promulgated in full on 14 May 1928 by Order No. 212 of the National Government. 
 
2. 37 Articles amended and promulgated in full  on 27 April 1944 by Order Yu-Wen-Zih No. 251 
of the National Government. 
 
3. Articles 30, 31, 32, 33, and 34 amended and promulgated by Presidential order on 13 January 1949.  
4. Articles 30, 31, 32, 36, and 41 newly adopted by Presidential order on 10 July 1964; original 
Articles 22-29 became Articles 23-30; original Articles 30-32 became Articles 33-35; original Articles 33-36 became Articles 37-40; original Article37 became Article 42; and Articles 25, 26, 33, 
35, 37-40 amended. 
 5. 52 Articles amended and promulgated in full on 10 July 1985 by Presidential Order No. (74) 
Hua-Zong-(1)-Yi-Zih 3318. 
 6. Articles 50-51 newly adopted and promulgated and Articles 3, 28 and 39 amended and promulgated on 24 January 1990 by Presidential Order No. (79) Hua-Zong-(1)-Yi-Zih 0427. 
 
7. 117 Articles amended and promulgated in full on 10 June 1992 by Presidential Order 
No. (81) Hua-Zong-(1)-Yi-Zih 2805. 
 
8. Article 53 amended and promulgated on 6 Ju ly 1992 by Presidential Order No. (81) Hua-
Zong-(1)-Yi-Zih 3285. 
 
9. Article 87 amended and promulgated and Article 87-1 newly adopted and promulgated on 24 April 1993 by Presidential Order No. (82) Hua-Zong-(1)-Yi-Zih 1841.  
10. 117 Articles amended and promulgated in full on 21 January 1988 by Presidential Order 
No. (87) Hua-Zong-(1)-Yi-Zih 87000126405.  
11. Articles 2, 34, 37, 71, 81, 82, and 90-1 amended and promulgated on 12 November 2001 
by Presidential Order No. (81) Hua-Zong-(1)-Yi-Zih 2805.  
12. Articles 26bis, 28bis, 59bis, Chapter IVbis (chapter name), 80bis, 82bis to 82quinquies, 
90quater, 91bis, 96bis, 96ter, and 98bis newly adopted and promulgated, and Articles 2, 3, 7bis, 22, 24, 26, 29, 37, 49, 50, 53, 56, 56bis, 60, 61, 63, 65, 69, 79, 82, 87, 88, 91 to 95, 98, 100 to 102, 105, 106, 106ter, 106quater, 111, 113, 115b is, 115ter, and 117 amended and promulgated, 
on 9 July 2003 by Presidential Order No. (92) Hua-Zong-(1)-Yi-Zih 09200122700. 
 13. Article 80-2 of the Copyright Act newly adopte d and promulgated and Articles 3, 22, 26, title 
of Chapter 4-1, Articles 82, 87, 90-1, 90-3, 91, 91-1, 92, 93, and 96-1 thereof amended and 
promulgated on 1 September 2004 by Presidential Order No. (93) Hua-Zong-(1)-Yi-Zih 09300158591. 
 
14. Article 94 of the Copyright Act deleted and promulgated and Articles 98, 99 through 102, 
and 117 thereof amended and promulgated on 30 Ma y 2006 by Presidential Order No. (95) Hua-
Zong-(1)-Yi-Zih 09500075761. 
 
15. Article 97-1 of the Copyright Act newly adopted and promulgated and ，and Articles 87 and 
93 thereof amended and promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong -
(1)-Yi-Zih 09600088051.  
16. Title of Chapter 6bis, Article 90quinquies to 90terdicies newly adopted and promulgated, and 
Article 3 thereof amended and promulgated on 13 May 2009 by Presidential Order No. Hua-Zong-(1)-Yi-Zih 09800116331   
17. Articles 37, Chapter V (chapter name), 81, and 82 amended and promulgated on 
10 February 2010 by Presidential Order No. Hua-Zong-(1)-Yi-Zih 09900029991. IP/N/1/TPKM/C/10 
 
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18. Article 53 amended and promulgated on 10 Fe bruary 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.  IP/N/1/TPKM/C/10 
 
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 Chapter I General Principles  
Article 1 
This Act is specifically enacted for the purposes of protecting the rights and interests of authors with respect to their works, balancing different interests for the common good of society, and 
promoting the development of national culture. Matters not provided for herein shall be governed 
by the provisions of other acts.  Article 2 
The competent authority under this Act is the Ministry of Economic Affairs.  
 The Ministry of Economic Affairs shall appoint a specialized agency in charge of copyright matters. 
 
Article 3 For the purposes of this Act the following definitions shall apply: 
 
1."Work" means a creation that is within a literary, scientific, artistic, or other intellectual domain.  2."Author" means a person who creates a work. 
 
3."Copyright" means the moral rights and economic rights subsisting in a completed work.  
4."The public" or "a public" means unspecified persons or multiple specified persons; provided, this 
does not apply to multiple persons of a household and the household's normal social acquaintances. 
 
5."Reproduce" means to reproduce directly, indire ctly, permanently, or temporarily a work by 
means of printing, reprography, sound recording, video recording, photography, handwritten notes, or otherwise. This definition also app lies to the sound recording or video recording of 
scripts, musical works, or works of similar nature during their performance or broadcast, and also 
includes the construction of an architectural structure based on architectural plans or models.  
6."Public recitation" means to communicate the conten t of a work to the public by spoken words or 
other means.  
7."Public broadcast" means to communicate to the public the content of a work through sounds or 
images by means of transmission of information by a broadcasting system of wire, wireless, or 
other equipment, where such communication is fo r the purpose of direct listening reception or 
viewing reception by the public. This includes any communication, by transmission of information 
via a broadcasting system of wire, wireless, or other equipment, to the public of an original 
broadcast of sounds or images by any person other than the original broadcaster.  
8."Public presentation" means to use single- or multiple-unit audiovisual devices, or other methods 
of transmitting images, to simultaneously communicate the content of a work to the public at the place of transmission or at a specified place outside the place of transmission. 
 
9."Public performance" means to act, dance, sing , play a musical instrument, or use other means 
to communicate the content of a work to a public that is present at the scene. This includes any communication to the public of an original broadcast of sounds or images through loudspeakers or 
other equipment. 
 10."Public transmission" means to make available or communicate to the public the content of a 
work through sounds or images by wire or wireless network, or through other means of 
communication, including enabling the public to receive the content of such work by any of the above means at a time or place individually chosen by them.  
 
11."Adaptation" means to create another work based upon a pre-existing work by translation, musical arrangement, revision, filming, or other means.  IP/N/1/TPKM/C/10 
 
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  12."Distribution" means, with or without compensati on, to provide the original of a work, or a copy 
thereof, to the public for the purpose of trade or circulation.  13."Public display" means to display the content of a work to the public. 
 
14."Publication" means distribution by the rights ho lder of a sufficient number of copies of a work 
to satisfy a reasonable level of public demand. 
 
15."Public release" means public issue by the rights  holder of the content of a work to the public 
through publication, broadcast, presentation, recitation, performance, display, or other means.  
16."The original" or "an original" means the object to which a work is first fixed. 
 17."Electronic rights management information" means electronic information presented on the 
original or copies of a work, or at the time of communication of content of a work to the public, 
sufficient to identify the work, the name of the work, the author, the economic rights holder or person licensed thereby, and the period or cond itions of exploitation of the work, including 
numbers or symbols that represent such information. 
 18."Technological protection measures" means equipment, devices, components, technology or other technological means employed by copyright owners to effectively prohibit or restrict others 
from accessing or exploiting works without authorization. 
 19."Internet service provider" means those who provide the following services: 
 
(1) Connection service provider: those who provide services, by wire or wireless means, of transmitting, routing, or receiving, information through a system or network controlled or 
operated by the service provider, or of the in termediate and transient storage of information 
in the course of such transmitting, routing, or receiving.  (2) Caching service provider: those who, afte r information has been transmitted at the 
request of a user, provide services of intermed iate and temporary storage of the information 
through a system or network controlled or operated by the service provider, for purposes of providing accelerated access to the information by users who subsequently request 
transmission of the information.  
 (3) Information storage service provider: those who provide information storage services at 
the request of a user through a system or ne twork controlled or operated by the service 
provider.    (4) Search service provider: those who provide users with services, including an index, 
reference, or hyperlink, to search or hyperlink to online information. 
 "Place of transmission or at a specified place ou tside the place of transmission" as referred to in 
subparagraph 8 of the preceding paragraph includes motion picture cinemas, clubs, places where 
videocassettes or videodiscs are presented, hotel rooms, public transportation vehicles, or other places that may be accessed by unspecified persons. 
 
Article 4 Works of foreign nationals that comply with one of the following conditions may enjoy copyright under this Act; provided, where the terms of a trea ty or an agreement that has been ratified by 
resolution of the Legislative Yuan prov ide 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 juri sdiction of the Republic China within thirty 
days after their first publication in territory outside the jurisdiction of the Republic China; provided, this shall only apply where the country  of such foreign national extends protection 
under identical circumstances to the works of persons of the Republic of China, and such 
protection has been verified.  
 IP/N/1/TPKM/C/10 
 
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  2. Where by treaty or agreement, or under the do mestic acts, regulations, or standard practice 
of the home country of the foreign national, wo rks of persons of the Republic of China enjoy 
copyright in such country. 
 
 
Chapter II  Works  
Article 5 
For the purposes of this act, "works" shall include the following:  1. Oral and literary works. 
 
2. Musical works.  
3. Dramatic and choreographic works. 
 4. Artistic works. 
 
5. Photographic works.  6. Pictorial and graphical works. 
 
7. Audiovisual works.  
8. Sound recordings. 
 9. Architectural works. 
 
10. Computer programs.  The examples and content of each category of wo rks set forth in the preceding paragraph shall be 
prescribed by the competent authority. 
 Article 6 
A creation adapted from one or more pre-existi ng works is a derivative work and shall be 
protected as an independent work.  
Protection of a derivative work shall not affect the copyright in the pre-existing work. 
 Article 7 A compilation work is a work formed by the creative selection and arrangement of materials, and 
shall be protected as an independent work. 
 Protection of a compilation work shall not affect the copyright in the work from which the material 
was selected and arranged. 
 Article 7bis 
A performance by a performer of a pre-existing work or folklore shall be protected as an 
independent work.   Protection of a performance shall not affect  the copyright in the pre-existing work. 
 
Article 8 A joint work is a work that has been completed by two or more persons where the creation of each 
person cannot be separately exploited. 
 Article 9 
The following items shall not be the subject matter of copyright: 
 1. The constitution, acts, regulations, or official documents.  IP/N/1/TPKM/C/10 
 
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  2. Translations or compilations by central or local government agencies of works referred to in 
the preceding subparagraph. 
 3. Slogans and common symbols, terms, formul as, numerical charts, forms, notebooks, or 
almanacs. 
 4. Oral and literary works for news reports that are intended strictly to communicate facts. 
 
5. Test questions and alternative test questions fr om all kinds of examinations held pursuant to 
acts or regulations. 
 
The term "official documents" in the first subparagraph of the preceding paragraph includes 
proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties. 
 
 Chapter III  Authors and Copyright 
 
Section 1 General Provisions  Article 10 
The author of a work shall enjoy copyright upon completion of 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 shal l not extend to the work's underlying ideas, 
procedures, production processes, systems, me thods of operation, concepts, principles, or 
discoveries.   
Section 2 Authors 
 Article 11 
Where a work is completed by an employee within  the scope of employment, such employee is the 
author of the work; provided, where an agreement st ipulates that the employer is the author, such 
agreement shall govern. 
 
Where the employee is the author of a work pu rsuant to the provisions of the preceding 
paragraph, the economic rights to such work sh all be enjoyed by the employer; provided, where 
an agreement stipulates that the economic ri ghts shall be enjoyed by the employee, such 
agreement shall govern. 
 The term "employee" in the preceding two paragraphs includes civil servants. 
 
Article 12 Where a work is completed by a person under commission, except in the circumstances set out in 
the preceding article, such commissioned person is the author of the work; provided, where an 
agreement stipulates that the commissioning party is the author, such agreement shall govern.  Where the commissioned person is the author pursuant to the provisions of the preceding 
paragraph, enjoyment of the economic rights to such work shall be assigned through contractual 
stipulation to either the commissioning party or the commissioned person. Where no stipulation regarding the enjoyment of economic rights has b een made, the economic rights shall be enjoyed 
by the commissioned person.  
 Where the economic rights are enjoyed by the commi ssioned person pursuant to the provisions of 
the preceding paragraph, the commissioning party may exploit the work. 
 IP/N/1/TPKM/C/10 
 
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  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 sh all apply mutatis mutandis to presumptions 
concerning the date and place of publication of a wo rk as well as the ownership of economic rights 
therein. 
 Article 14 (deleted) 
 
 Section 3 Moral Rights 
 
Article 15 The author of a work shall enjoy the right to publicly release the work; provided, this shall not 
apply to a civil servant where, pursuant to the provisions of Article 11 or 12, such person is the 
author while the juristic person employing such author enjoys the economic rights to the work.    In the following circumstances the author shall be presumed to have consented to the public 
release of the work: 
 1. Where, prior to publicly releasing its work, the author has transferred, or licensed to exploit, 
the economic rights to the work, and the work is publicly released as a consequence of the 
exercise or exploitation of the economic rights. 
 
2. Where, prior to the public release of a arti stic work or a photographic work, the author 
transfers the original or a copy of such work  to another party and the transferee publicly 
displays the original or copy of the work. 
 
3. Where the work is a Masters thesis or doctoral dissertation written under the "Degree 
Conferral Act" and the author has obtained a degree. 
 
Where, in accordance with the provisions of para graph 2 of Article 11 or paragraph 2 of Article 12, 
a n  e m p l o y e r  o r  a  c o m m i s s i o n i n g  p a r t y ,  a b  i n i t i o ,  o b t a i n e d  e c o n o m i c  r i g h t s  t o  a  w o r k  t h a t  h a s  never been publicly released, and where such work is publicly released in conjunction with the 
transfer, exercise, or exploitation of the economic rights of such work, the author shall be deemed 
to have consented to the public release of the work.  The provisions of the preceding paragraph shall apply mutatis mutandis to paragraph 3 of 
Article 12. 
 Article 16 
The author of a work shall have the right to indicate its name, a pseudonym, or no name on the 
original or copies of the work, or when the work is publicly released. The author has the same right to a derivative work based on its work. 
 
The proviso in the first paragraph of the preceding article shall apply mutatis mutandis to the preceding paragraph.  
The person exploiting a work may use its own cover design and may add the name or appellation 
of the designer or editor-in-chief; provided this  shall not apply where the author has specifically 
indicated to the contrary, or where the addition would deviate from commonly accepted practices. 
 
Where the purpose and method of exploitation neither present any likelihood of harm to the author's interests nor deviate from commonly accepted practices, the author's name or appellation 
may be omitted. 
 Article 17 The author has the right to prohibit others from distorting, mutilating, modifying, or otherwise 
changing the content, form, or name of the wo rk, thereby damaging the author's reputation. IP/N/1/TPKM/C/10 
 
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Article 18 The protection of moral rights of an author who ha s died or been extinguished shall be deemed to 
be the same as when the author was living or in existence and shall not be infringed upon by any 
person; provided, the act shall not constitute an infringement where it can be considered that the 
author's intent has not been contravened given the nature and degree of the act of exploitation, social changes, or other circumstances. 
 
Article 19 Moral rights in a joint work may not be exercised without the consent of all the joint authors. A joint author shall not refuse consent without a legitimate reason. 
 
Authors of a joint work may select an author from among the joint authors to be their representative for the purpose of exercising moral rights. 
 
Limitations imposed on the representative powe rs of the representative referred to in the 
preceding paragraph shall not be effective against a third party acting in good faith. 
 
Article 20 The original of a work that has not been publicly released and the economic rights therein shall not be the object of compulsory execution unless they are the object of a trade or the principal has 
given its consent. 
 Article 21 
Moral rights belong exclusively to the author and shall not be transferred or succeeded. 
  
Section 4 Economic Rights 
 Subsection 1 Categories of Economic Rights  
Article 22 
Except as otherwise provided in this Act, auth ors have the exclusive right to reproduce their 
works. 
 
Performers have the exclusive right to reproduce their performances by means of sound recording, 
video recording, or photography. 
 
The provisions of the preceding two paragraphs do not apply to temporary reproduction that is transient, incidental, an essential part of a tec hnology process, and without independent economic 
significance, where solely for the purpose of lawful network relay transmission, or for the lawful 
use of a work; provided, this shall not apply to computer programs.  
 In the preceding paragraph, the phrase "tempo rary reproduction… for the purpose of lawful 
network relay transmission" includes technically unavoidable phenomena of the computer or 
machine occurring in network browsing, caching, or other processes for enhancing transmission efficiency. 
 
Article 23 Authors of oral and literary works have the exclusive right to publicly recite their works.  
Article 24 
Except as otherwise provided in this Act, authors have the exclusive right to publicly broadcast their works.  
 
The provisions of the preceding paragraph shall not apply to further public broadcasts of a 
performance after that performance has been reproduced or publicly broadcast.  
 
Article 25 Authors of audiovisual works have the exclusive right to publicly present their works.  IP/N/1/TPKM/C/10 
 
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  Article 26 
Except as otherwise provided in this Act, authors of oral and literary, musical, and dramatic/choreographic works have the exclusive right to publicly perform their works.  
Performers have the exclusive right, by means of loudspeakers or other equipment, to publicly 
perform their performances; provided, this shall not apply to public performances of a performance by means of loudspeakers or othe r equipment after that performance has been 
reproduced or publicly broadcast. 
 Where a sound recording has been publicly pe rformed, 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 tr ansmission of their performances reproduced in 
sound recordings.  
 Article 27 Authors of unpublished fine arts or photographic works have the exclusive right to publicly display 
the original and copies of their works.  
 Article 28 
Authors of works have the exclusive right to adapt their works into derivative works or to compile 
their works into compilation works; provided, this shall not apply to performances.  
Article 28bis 
Except as otherwise provided in this Act, author s 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, author s of works have the exclusive right to rent their 
works. 
 
Performers have the exclusive right to rent thei r performances reproduced in sound recordings. 
 Article 29bis 
An employer or commissioning party that has obtained the economic rights in a work in 
accordance with the provisions of paragraph 2 of Article 11 or paragraph 2 of Article 12 shall have 
exclusive enjoyment of the rights set out in  the provisions of Articles 22 through 29. 
 
 Subsection 2 Term of Protection for Economic Rights 
 
Article 30 Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty 
years after the author's death. 
 
Where a work is first publicly released between th e fortieth and fiftieth years after the author's 
death, the economic rights shall endure for a term of ten years beginning from the time of the first 
public release. 
 Article 31 
Economic rights in a joint work subsist for fifty years after the death of the last surviving author. 
 IP/N/1/TPKM/C/10 
 
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  Article 32 
Economic rights in a pseudonymous work or an anonymous work endure for fifty years from the time of public release; provided, the economic righ ts shall be extinguished where it can be proven 
that the author has been deceased for over fifty years. 
 
The provisions of the preceding paragraph shall not apply when the pseudonym of the author is 
well known to the public. 
 
Article 33 Economic rights in works authored by a juristic  person endure for fifty years after the public 
release of the work; provided, if the work is not publicly released within fifty years from the 
completion of the creation, the economic rights shall subsist for fifty years after completion of the 
creation.  
Article 34 
Economic rights for photographic works, audiov isual works, sound recordings, and performances 
endure for fifty years after the public release of the work. 
 
The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph. 
 Article 35 
All terms of duration specified in Articles 30 thro ugh 34 terminate as of the last day of the last 
year of the term.  
Where the term of economic rights  for works released to the public continuously or successively is 
calculated on the basis of the date of the public  release of the work, if each public release can 
constitute an independent work, the term of economic  rights of each work shall be calculated from 
the date of each public release; if each public  release cannot constitute an independent work, the 
term shall be calculated from the date of the pub lic release(s) that can constitute an independent 
work.  
With respect to the circumstances described in the preceding paragraph, if the continuing part has 
not been publicly released within three years of th e date of public release of its preceding part, the 
term of the economic rights shall be calculated from the date of public release of its preceding 
part. 
  
Subsection 3 Transfer, Exercise, and Extinguishment of Economic Rights 
 Article 36 Economic rights may be transferred in whole or in part to another person and may be jointly 
owned with other persons. 
 The transferee of economic rights obtains econ omic rights within the scope of the transfer. 
 
The scope of the transfer of the ec onomic rights shall be as stipulated by the parties; rights not 
clearly covered by such stipulations shall be presumed to have not been transferred. 
 
Article 37 The economic rights holder may license others to exploit the work. The territory, term, content, method of exploitation, and other particulars of the license shall be as stipulated by the parties; 
particulars not clearly covered by such stipulations shall be presumed to have not been licensed. 
 The license referred to in the preceding paragraph shall not be affected by subsequent assignment 
or further licensing of economic rights by the economic rights holder. 
 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 th e 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. IP/N/1/TPKM/C/10 
 
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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 th e following circumstances except for works subject 
to the management of copyright co llective management organizations: 
 
1.  Exploitation of digitized karaoke machines or jukeboxes which contain licensed duplication(s) 
of music works for public performance; or 
 2. Rebroadcasting works of an original broadcast; or 
 
3. Communicating the sounds or images of an original broadcast to the public with loudspeaker 
or other equipment; or 
 
4. Communicating the works to the public through public broadcasting or simultaneous public 
transmission of advertisement, by a broadc aster, within which such works have been 
reproduced under authorization. 
 Article 38 (deleted) 
 
Article 39 Where economic rights are the object of a pled ge, unless otherwise stipulated at the time the 
pledge is created, the economic rights holder may exercise the economic rights to the work. 
 Article 40 
In the case of a joint work, each author's shar e of the ownership of such a work shall be as 
stipulated by the joint authors; where no stipulation has been made, ownership shares shall be determined according to the degree of each author's creative contribution. Where the degree of each author's creative contribution is not clear, it shall be presumed that each author owns an 
equal share. 
 Where an author of a joint work abandons its shar e of the ownership of the work, that share shall 
be apportioned among the other joint authors in proportion to their respective shares. 
 The provisions of the preceding paragraph shall a pply 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 im posed on the representative powers of such 
representative shall not be effective against a third party acting in good faith.  The second and third paragraphs of the precedin g article shall apply mutatis mutandis to joint 
ownership of economic rights. 
 Article 41 
Where an economic rights holder makes a submission to a newspaper or magazine, or licenses the 
public broadcast of the work, it shall be presumed, unless otherwise stipulated, that the economic rights holder has licensed one printing or one public broadcast only, and that said printing or 
broadcast shall have no effect on other rights belonging to the economic rights holder. 
 Article 42 Economic rights are extinguished upon expiration of the term of protection. Economic rights are 
also extinguished where any of the following circ umstances occurs during the term of protection: IP/N/1/TPKM/C/10 
 
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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 pers on 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, an y person may freely exploit a work for which the 
economic rights have been extinguished.  
 
Subsection 4 Limitations on Economic Rights  
Article 44 
Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or 
administration; provided, this shall not apply where such reproduction would prejudice the 
interests of the economic rights holder due to the type and use of the work and the volume and 
method of reproduction.  
Article 45 
Within a reasonable scope, and for the sole purpos e of use necessary to judicial proceedings, the 
works of another person may be reproduced. 
 
The proviso of the preceding article shall apply mu tatis mutandis to the circumstances set forth in 
the preceding paragraph. 
 
Article 46 Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which 
have already been publicly released. 
 The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the 
preceding paragraph. 
 Article 47 
Within a reasonable scope, and for the purpose of preparing pedagogical texts for which review 
and approval by an education administrative agency is required by act or regulation, or where an education administrative agency prepares pedagogical texts itself, the works of another person that have been publicly released may be reproduced, adapted, or compiled. 
 
The provisions of the preceding paragraph shall apply mutatis mutandis to the preparation of supplementary teaching aids which are ancillary to the aforesaid textbooks and which are 
exclusively provided to teachers for teaching purposes; provided, this shall be limited to editing by 
the preparer of such textbooks.  
Within a reasonable scope and for the purpose of meeting educational needs, all levels of legally 
established schools and educational institutions may publicly broadcast the works of another person that have been publicly released.  
In the circumstances set forth in the preceding th ree paragraphs the exploiter of the work shall 
notify the economic rights holder and pay compen sation for use. The level of compensation shall 
be set by the competent authority. 
 
Article 48 Libraries, museums, history museums, science  museums, art museums, and other cultural 
institutions open to the public may reproduce works in their collections in any of the following 
circumstances:  1. Where a patron requests reproduction of a part  of a work that has been publicly released, or 
a single article from a seminar paper or a single article from a periodical that has been IP/N/1/TPKM/C/10 
 
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  publicly released, provided that the copy is fo r personal research purposes and is limited to 
one copy per person. 
 2. Where necessary to preserve materials. 
 
3. Where the works in question are out of pr int or difficult to purchase, and have been 
requested by another similar institute. 
 
Article 48bis Central or local government agencies, educational agencies that have been established by law, or libraries open to the public may reproduce abstra cts appended to the following works where such 
works have been publicly released: 
 1. Masters theses or doctoral dissertations written under the "Degree Conferral Act," where the 
author has obtained a degree. 
 2. Academic papers published in periodicals.  
 
3. Research reports or collections of seminar papers that have been publicly released.   Article 49 
When reporting current events by means of broadcasting, photography, film, newspaper, network, 
or otherwise, works that are seen or heard in the course of the report may be exploited within the 
scope necessary to the report. 
 
Article 50 Works publicly released in the name of a central or local government agency or a public juristic 
person may, within a reasonable scope, be reproduced, publicly broadcast, or publicly transmitted. 
 Article 51 Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has 
been publicly released may be reproduced by a machine that is either located in a library or is not 
provided for public use.  
Article 52 
Within a reasonable scope, works that have been publicly released may be quoted where necessary for reports, comment, 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 mutati s mutandis to the disabled persons or their 
guardians referred to in the preceding paragraph for personal and nonprofit use by the disabled. 
 
The copies reproduced in accordance with the preceding two paragraphs may be distributed or publicly transmitted among the disabled persons, local or central government agencies, non-profit 
organizations and all levels of legally established schools as prescribed in the preceding two 
paragraphs. 
 Article 54 
Works that have been publicly released may be reproduced for use in examination questions on all 
kinds of examinations held by central or local government agencies and all levels of schools or educational institutions established in accordance with law; provided, this shall not apply to works 
that have been publicly released as examination questions. 
 Article 55 The work of another person that has been publicly released may be publicly recited, publicly 
broadcast, publicly presented, or publicly perfor med in the course of an activity of non-profit IP/N/1/TPKM/C/10 
 
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  nature, provided that no fee is directly or indirect ly 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 be en licensed by the economic rights holder, or 
situations otherwise comporting with the provisions of this Act. 
 Except where preservation of the recording referred to in the preceding paragraph has been approved for a designated place by the specialized  agency in charge of copyright matters, such 
sound or video recordings shall be destroyed within six months from the time of recording. 
 Article 56bis 
For the purpose of enhancing receiving effect, a community antenna installed in accordance with 
law may simultaneously rebroadcast works broadcast by wireless television stations established in accordance with law; the form and content of such broadcasts shall not be changed. 
 
Article 57 The owner of the original legal copy of an artistic work or photographic work, or a person authorized by the owner, may publicly display such original or legal copy of the work. 
 
The public displayer referred to in the preceding paragraph may reproduce the work in a descriptive writing in order to provide viewers with an explanation or introduction. 
 
Article 58 Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside 
walls of buildings, or other outdoor locales open  to the public, may be exploited by any means 
except under the following circumstances:  1. Reproduction of a building by construction of another building. 
 
2. Reproduction of a work of sculpture  by production of another sculpture. 
 
3. Reproduction for the purpose of long-term public display in locales specified in this article. 
 4. Reproduction of artistic works solely for the purpose of selling copies. 
 
Article 59 The owner of a legal copy of a computer program may alter the program where necessary for utilization on a machine used by such owner, or may reproduce the program as necessary for 
backup; provided, this is limited to the owner's personal use. 
 If the owner referred to in the preceding paragrap h loses ownership of the original copy for any 
reason other than the destruction or loss of the copy, all altered and backup copies shall be 
destroyed unless the economic rights holder grants its consent otherwise.  
Article 59bis 
A person who has obtained ownership of the original  of a work or a lawful copy thereof within the 
territory under the jurisdiction of the Republic of China may distribute it by means of transfer of 
ownership. 
 
Article 60  Owners of originals of works and lawful copies of works may rent such original works or copies; 
provided, this shall not apply to sound recordings and computer programs. 
 The proviso of the preceding paragraph shall not apply to copies of computer programs 
incorporated in products, machinery, or equipment to be legally rented, where such copies do not 
constitute the essential object of such rental.  IP/N/1/TPKM/C/10 
 
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  Article 61 
Commentary on current political, economic, or social events that has appeared in a newspaper, magazine, or network may be republished by other newspapers or magazines, or be publicly broadcast by radio or television, or publicly transmitted on a network; provided, this shall not 
apply where there is indication that republishing, public broadcast, or public transmission is not 
authorized.  
Article 62 
Public speeches on politics or religion, and public statements made in legal proceedings or during proceedings of central or local government agencies, may be exploited by any person; provided, consent of the economic rights holder shall be obtained when compiling a compilation work that is 
dedicated to the speeches or statements of specified persons. 
 Article 63 
Persons that may exploit the work of another person in accordance with the provisions of 
Article 44, Article 45, subparagraph one of Article 48, Articles 48bis through 50, Articles 52 through 55, Article 61, and Article 62 may translate such work. 
 
Persons that may exploit the work of another person in accordance with the provisions of Articles 46 and 51 may adapt such work.  
Persons that may exploit the work of another person in accordance with the provisions of 
Articles 46 through 50, Articles 52 through 54, paragraph 2 of Article 57, Article 58, Article 61, and Article 62 may distribute such work.  
 
Article 64 A person who exploits the work of another person pursuant to the provisions of Articles 44 through 
47, Articles 48bis through 50, Article 52, Article 53, Article 55, Article 57, Article 58, and 
Articles 60 through 63 shall provide a clear indication of the source of the work.  The "clear indication of the source" referred to in  the preceding paragraph shall indicate the name 
or appellation of the author in a reasonable manner, except where the work is anonymous or the 
author is not known.  
Article 65 
Fair use of a work shall not constitute infringement on economic rights in the work.  
In determining whether the exploitation of a work  complies with the reasonable scope referred to 
in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination: 
 
1. The purposes and nature of the exploitation , including whether such exploitation is of a 
commercial nature or is for nonprofit educational purposes. 
 
2. The nature of the work.  
3. The amount and substantiality of the portion exploited in relation to the work as a whole. 
 4. Effect of the exploitation on the wo rk's current and potential market value. 
 
Where the copyright owner organization and the ex ploiter 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 Arti cle 65 shall not affect the author's moral rights. 
 
 IP/N/1/TPKM/C/10 
 
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  Subsection 5 Compulsory Licensing 
 Article 67 (deleted) 
 
Article 68 (deleted) 
 
Article 69 Where a sound recording of a musical work recorded for sale has been published for six months, a person who wishes to exploit the aforementioned musical work to record and produce other sound 
recordings for sale may apply to the specialized agency in charge of copyright matters for a 
compulsory license, and after paying compensation, may exploit such musical work and record and produce other sound recordings. 
 
Regulations governing the compulsory license for a musical work referred to in the preceding paragraph, the method for calculating the compensation for exploitation, and other requisite 
matters shall be prescribed by the competent authority. 
 Article 70 Copies of sound recordings which exploit musical wo rks 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 misrepresentations. 
 
The specialized agency shall void approval for a compulsory license obtained in accordance with the provisions of Article 69 if th e work is not exploited in the manner approved by the specialized 
agency. 
 
Article 72 (deleted) 
 
Article 73 (deleted) 
 
Article 74 (deleted)  
Article 75 
(deleted)  
Article 76 
(deleted)  
Article 77 
(deleted)  Article 78 
(deleted) 
  
Chapter IV  Plate Rights 
 Article 79 
For a literary or artistic work that has no economic rights or for which the economic rights have 
been extinguished, a plate maker who arranges and pr ints 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 IP/N/1/TPKM/C/10 
 
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  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 concerni ng the extinguishment of economic rights, and 
the provisions of Articles 44 through 48, Article 49, Article 51, Article 52, Article 54, Article 64, and 
Article 65 concerning limitations on economic rights, shall apply mutatis mutandis to plate rights. 
  Chapter IVbis  Electronic Rights Mana gement Information and Technological 
Protection Measures 
 Article 80bis 
Electronic rights management information made by a copyright owner shall not be removed or 
altered; provided, this shall not apply in any of the following circumstances:   
1. Where removal or alteration of electronic rights management information of the work is 
unavoidable in the lawful exploitation of the wo rk given technological limitations at the time 
of the act. 
 
2. Where the removal or alteration is technically necessary to conversion of a recording or 
transmission system.  
 
Whoever knows that electronic rights management information of a work has been unlawfully 
removed or altered shall not distribute or, with intent to distribute, import or possess the original or any copy of such work. He/She also shall not pu blicly broadcast, publicly perform, nor publicly 
transmit [the same]. 
 Article 80ter Technological protection measures employed by copyright owners to prohibit or restrict others 
from accessing works shall not, without legal authorization, be disarmed, destroyed, or by any 
other means circumvented.    
Any equipment, device, component, technology or information for disarming, destroying, or 
circumventing technological protection measures shall not, without legal authorization, be manufactured, imported, offered to the public for use, or offered in services to the public.  
 
The provisions of the preceding two paragraphs shall not apply in the following circumstances: 
 1. Where to preserve national security.  
 
2. Where done by central or local government agencies.   
3. Where done by file archive institutions, educational institutions, or public libraries to assess 
whether to obtain the information. 
 
4. Where to protect minors.  
 5. Where to protect personal data.   
6. Where to perform security testing of computers or networks. IP/N/1/TPKM/C/10 
 
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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 circumstances specified by the competent authority.  The content in the subparagraphs of the preceding paragraph shall be prescribed and periodically 
reviewed by the competent authority. 
  
Chapter V   Copyright Collective Manageme nt Organizations and Copyright Review 
and Mediation Committees  
Article 81 
Economic rights holders may, with the approval of  the specialized agency in charge of copyright 
matters, establish copyright collective management organizations for the purpose of exercising rights or for collecting and distributing compensation for use. 
 
Exclusive licensees may also join copyright collective management organizations.  
The approval for establishment and the organization  and capacities of the organizations referred to 
in paragraph 1, as well as the supervision and guidance thereof, shall be otherwise provided for by act. 
 
Article 82 The specialized agency in charge  of copyright matters shall establish a Copyright Review and 
Mediation Committee to handle the following matters: 
 
1. Examination of rates of compensation for use under the provisions of paragraph 4 of 
Article 47. 
 
2. Mediation of disputes between copyright collective management organizations and users 
concerning compensation for use. 
 
3. Mediation of disputes concerning copyright or plate rights.  4. Other consultation in connection with copyright examination and mediation. 
 
Dispute mediation referred to in subparagraph 3 of the preceding paragraph, when involving criminal matters, shall be limited to cases actionable only upon complaint. 
 
Article 82bis Within seven days of the date of the conclusion of a mediation settlement, the specialized agency 
in charge of copyright matters shall submit the written mediation settlement statement for review 
by the court of jurisdiction.  The court shall review the written mediation settlement statement referred to in the preceding 
paragraph with due dispatch. Unless it is contrary  to act or regulation, public order, or good 
morals, or compulsory execution would be impossible, the judge shall sign [copies] thereof and affix the seal of the court thereto, and shall return the mediation settlement statement to the 
specialized agency in charge of copyright matters for service to the parties, retaining one copy for 
its own records.  
Where the court decides not to ratify a mediation settlement statement, it shall notify the 
specialized agency in charge of copyright matters of the reasons.   IP/N/1/TPKM/C/10 
 
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  Article 82ter 
After a mediation settlement has been ratified by a court, the parties shall not initiate any further public or private prosecution or action with respect to the mediated matter.  
A civil mediation settlement ratified by a court as referred to in the preceding paragraph shall have 
the same force as a final and unappealable cour t judgment in a civil case. With respect to a 
criminal mediation settlement that has been ratified by a court, where the subject matter is 
payment of a certain amount of money, or other substitute therefore, or securities, the written 
mediation settlement statement shall constitute a writ of execution.  Article 82quater 
Where a civil mediation settlement has been concluded, and then ratified by a court while the civil 
action is under litigation, and where no final and unappealable court judgment has yet been obtained, the civil action shall be deemed withdrawn as of the date of the conclusion of the 
mediation settlement. 
 Where a criminal mediation settlement has been conc luded, and then ratified by a court while the 
criminal case is in the investigation stage or before the conclusion of arguments in the trial of first 
instance, and where the parties have agreed to withdraw the case, the complaint or private prosecution shall be deemed withdrawn as of the date of the conclusion of the mediation 
settlement.  
 
Article 82quinquies  Should there exist any ground for invalidation or voidance of a civil mediation settlement after 
ratification by a court, the parties may file an action with the original ratifying court to invalidate 
or void the mediation settlement.   
The action referred to in the preceding paragraph shall be initiated by the parties within 30 days of 
service of the written mediation settlement statement ratified by the court.  Article 83 
The organic charter for the Copyright Examination and Mediation Committee referred to in 
Article 82, and the regulations concerning disput e mediation, shall be drafted by the competent 
authority and promulgated after review and approval by the Executive Yuan. 
 
 Chapter VI  Remedies for Infringement of Rights 
 
Article 84 The copyright holder or the plate rights holder may demand removal of infringement of its rights. Where there is likelihood of infringement, a dema nd may be made to prevent such infringement. 
 
Article 85 A person who infringes on the moral rights of an author shall be liable for damages. In the event 
of non-pecuniary injury, the injured party may claim a commensurate amount of compensation. 
 In infringement matters referred to in the preceding paragraph the injured party may demand 
indication of the author's name or appellation, corr ection 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 IP/N/1/TPKM/C/10 
 
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5. Brothers and sisters  6. Grandparents 
 
Article 87 Any of the following circumstances, except as othe rwise provided under this Act, shall be deemed 
an infringement of copyright or plate rights: 
 1. To exploit a work by means of infringing on the reputation of the author.  
2. Distribution of articles that are known to infringe on plate rights, or public display or 
possession of such articles with the intent to distribute. 
 
3. Import of any copies reproduced without the authorization of the economic rights holder or 
the plate rights holder. 
 
4. Import of the original or any copies of a work legally reproduced abroad without the 
authorization of the economic rights holder. 
 5. Exploitation for business purposes of a co py of a computer program that infringes on 
economic rights in such computer program.  
 6. Distribution, by any means other than transfer of ownership or rental, articles that are 
known to infringe on economic rights; or pub lic 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 reproducti on by means of the Internet of the works of 
another, without the consent of or a license from the economic rights holder, and to receive 
benefit therefrom. 
 A person who undertakes the actions set out in subparagraph 7 above shall be deemed to have 
"intent" pursuant to that subparagraph when the advertising or other active measures employed 
by the person instigates, solicits, incites, or persuades the public to use the computer program or other technology provided by that person for the pu rpose of infringing upon the economic rights of 
others. 
 Article 87bis The provisions of subparagraph 4 of the preceding article do not apply under any of the following 
circumstances: 
 1. Where the original or copies of a work are imported for the use of central or local 
government agencies; provided, this does not apply to import for use in schools or other 
educational institutions, or to the import of any audiovisual work for purposes other than archival use. 
 
2. Where the original or a specified number of co pies of any audiovisual works are imported in 
order to supply such works to nonprofit scholarly, educational, or religious organizations for archival purposes, or where an original or specified number of copies of works other than 
audiovisual works are imported for library lending or archival purposes, provided that such 
copies are used in compliance with the provisions of Article 48. 
 
3. Where the original or a specified number of copies of a work are imported for the private use 
of the importer, not for distribution, or where such import occurs because the original or 
copies form part of the personal baggage of a person arriving from outside the territory. 
 
4. For the purpose of exclusive use by the visually impaired, learning disabled, hearing 
impaired or other persons with a perceptual disability, local or central government agencies, non-profit organizations and all levels of legally established schools may import copies 
reproduced by means of translation, Braille, sound-recording, digital transformation, verbal IP/N/1/TPKM/C/10 
 
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  imagery, accompanying sign language or otherwise, provided that such copies are used in 
compliance with the provisions of Articles 53. 
 5. Where the original or copies of a work in corporated into any legally imported goods, 
machinery, or equipment are imported in conjunction with the import of such items. Such 
original or copies of the work shall not be reproduced during the use or operation of the 
goods, machinery or equipment. 
 
6. Where a user's manual or operating manual accompanying any legally imported goods, 
machinery, or equipment is imported; provided, this does not apply where the user's manual or operating manual are the principal objects of the importation. 
 
The "specified number" set forth in subparagraphs 2 and 3 of the preceding paragraph shall be prescribed by the competent authority. 
 
Article 88 A person who unlawfully infringes on another person's economic rights or plate rights out of 
intention or negligence shall be liable for damages. Where multiple persons engage in unlawful 
infringement, they shall bear joint and several liability for damages.   With regard to the damages referred to in the preceding paragraph, the injured party may make 
claim in any of the following manners: 
 1. In accordance with the provisions of Ar ticle 216 of the Civil Co de; provided, when the 
injured party is unable to prove damages, it may base the damages on the difference 
between the amount of expected benefit from the exercise of such rights under normal 
circumstances and the amount of benefit from the exercise of the same rights after the 
infringement. 
 2. Based on the amount of benefit obtained by the infringer on account of the infringing 
activity; provided, where the infringer is unable to establish costs or necessary expenses [of 
the infringing act or articles], the total revenue derived from the infringement shall be 
deemed to be its benefit. 
 
If it is difficult for the injured party to prove actual damages in accordance with the provisions of 
the preceding paragraph, it may request that the court, based on the seriousness of the matter, set compensation at an amount of not less than ten thousand and not more than one million New 
Taiwan Dollars. If the damaging activity was in tentional 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 pa ragraph 1 of the preceding Article, the injured 
party may request the destruction or other necessary disposition of goods produced as a result of the infringing act, or of articles used pred ominantly for the commission of infringing acts. 
 
Article 89 The injured party may demand that the infringer, at its own expense, publish in a newspaper or 
magazine all or part of a judgment concerning said infringement. 
 Article 89bis The right to claim damages as specified in Articles 85 and 88 shall be extinguished if not exercised 
within two years from the time the person having the right to make claim learns of its right to 
claim damages and knows the identity of the obligo r, or within ten years of the occurrence of the 
infringement. 
 
Article 90 Each holder of copyrights in a joint work may, pursuant to the provisions of this chapter, 
separately demand remedies from the infringer, and may also claim damages based on its share of 
copyright ownership.  The provisions of the preceding paragraph shall apply mutatis mutandis to joint holders of 
economic rights and plate rights that arise out of other relationships. IP/N/1/TPKM/C/10 
 
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Article 90bis A copyright holder or plate rights holder may apply to the customs authorities to suspend the release of import or export goods that infringe on their copyright or plate rights. 
 
The application referred to in the preceding paragraph shall be filed in writing, shall state the facts of the infringement, and shall include a bond in an amount equivalent to the import customs value 
or the export FOB value of the goods, as assessed by customs, to serve as a security to offset the 
loss suffered by the party whose goods are subject to attachment.  Customs shall immediately inform the applicant when processing an application to suspend the 
release of goods. Where Customs determines that the conditions in the preceding paragraph have 
been met and issues an attachment order, it shall give written notification to the applicant and to 
the party whose goods are attached. 
 
The applicant or the party whose goods are attached may apply to the customs authorities for permission to inspect the attached goods. 
 
Attached goods shall be confiscated by the custom s 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 th e goods referred to in the preceding paragraph are 
not paid within the period prescribed by customs authorities, the claim shall be enforced through 
compulsory execution.  
In any of the following circumstances, an atta chment order shall be rescinded by the customs 
authorities and the attached goods shall be processed in accordance with applicable import and export regulations; in addition, the applicant shall compensate the party whose goods were attached for damage incurred on account of the attachment: 
 
1. The attached goods have been determined to be non-infringing of copyright or plate rights 
by a final and unappealable court judgment. 
 
2. Within twelve days of the date on which the applicant is informed of the attachment, the 
customs authorities have not received notification from the applicant indicating that it has 
initiated litigation proceedings alleging that the attached goods are in infringement. 
 3. The applicant applies to rescind the attachment.   
The period referred to in subparagraph 2 of the preceding paragraph may be extended by another 
twelve days if customs authorities deem it necessary.  
Customs authorities shall return the bond upon the applicant's request in any of the following 
circumstances:  
1. There is no need to continue posting the bo nd either because the applicant has obtained a 
final and unappealable judgment in its favor or because the applicant has reached a settlement with the party whose goods were attached. 
 
2. The attachment order has been rescinded an d the applicant can prove that at least the 
required twenty days have elapsed since the applicant notified the party whose goods are subject to the suspension of release to exer cise 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.  IP/N/1/TPKM/C/10 
 
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  When the customs authorities, in the course of  executing their duties, discover import/export 
goods that in appearance are obviously suspect of copyright infringement, they may within one business day notify the rights holder and notify  the importer/exporter to produce authorization 
materials. After receiving notice, the rights holder shall proceed to customs within four hours for 
air export goods and within one business day for air import goods and sea import/export goods to 
assist with verification. Where the rights holder is unknown or cannot be notified, or the rights holder fails to proceed to customs within the time limit as notified to assist with verification, or the 
rights holder determines that the goods in question are not infringing, and if there is no violation 
of other customs clearance regulations, customs shall release the goods forthwith.  Where the goods are determined to be suspected infringing goods, customs shall take measures to 
suspend the release of the goods. 
 If within three business days after customs has taken measures to suspend the release of the 
goods the rights holder has not applied to customs for attachment under paragraphs 1 to 10, or 
has not initiated civil or criminal litigation procedure to protect the rights, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith. 
 
Article 90ter The implementing regulations for the preceding article shall be prescribed by the competent 
authority in consultations with the Ministry of Finance. 
 
Article 90quater Whoever violates any provision of Article 80bis or Article 80ter, thereby causing damage to the 
copyright owner, shall be liable for damages. If there are multiple violators, they shall bear joint 
and several liability for damages.  
The provisions of Article 84, Article 88bis, Article 89bis, and Article 90bis shall apply mutatis 
mutandis to violations of Article 80bis or Article 80ter.   
Chapter VI-1 Limitations on Liabilit y for Internet Service Providers 
 Article 90quinquies 
An Internet service provider shall be entitled  to the application of Article 90sexies to 
Article 90novies regarding the limitation on liability only if the service provider—  
1.  by contract, electronic transmission, automatic detective system or other means, informs 
users of its copyright or plate right protection policy, and takes concrete action to implement 
it; and 
 
2.  by contract, electronic transmission, automatic detective system or other means, informs 
users that in the event of repeat alleged infringements up to three times the service provider shall terminate the service in whole or in part; and 
 
3.  publicly announces information regarding its contact window for 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 forwar ded the notification to that particular user by 
electronic mail is deemed to have met the requirement in the preceding paragraph, subparagraph 1. 
 
If a copyright holder or plate rights holder has provided technical measures which have been developed based on a broad consensus and are used  to identify or protect copyrighted or plate-
righted works, the Internet service provider shal l accommodate and implement the measures if the 
technical measures have been ratified by the competent authority.  IP/N/1/TPKM/C/10 
 
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  Article 90sexies 
A connection service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if—  
1.  the transmission of the information was initiated by or at the request of the user; and 
 2.  the transmission, routing, provision of connections, or storage is carried out through an 
automatic technical process, without any selection of the material or modification of its 
content by the connection service provider. 
 Article 90septies 
A caching service provider shall not be liable for damages for infringement of the copyright or plate 
rights of another by a user of its service if—  
1.  the service provider does not make any modification to the cached information;  
 2.  when the person who made the original information available subsequently update, deletes, 
or blocks access to it, the cached information is done in the same way as a result of an 
automatic technical process; and 
 3.  the service provider responds expeditiously to remove, or disable access to, the allegedly 
infringing content or related information upon notification by a copyright holder or plate 
rights holder of the alleged infringement  by the user of the service provider. 
 
Article 90octies  
An information storage service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a us er of its service if the service provider—  
 
1.  does not have knowledge of the alle gedly infringing activity of the user; 
 2.  does not receive a financial benefit directly attributable to the infringing activity of the user; 
and 
 3.  responds expeditiously to remove, or disable access to, the allegedly infringing content or 
related information upon notification by a copy right 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 search ed or linked information may be infringing; 
 2.  does not receive a financial benefit directly attributable to the infringing activity of the user; 
and  
 3.  responds expeditiously to remove, or disable access to, the allegedly infringing content or 
related information upon notification by a copy right holder or plate rights holder of the 
alleged infringement by the user of the service provider. 
 Article 90decies 
An information storage service provider shall forward notice to the allegedly infringing user of any 
measures taken under Article 90octies, subparagraph 3, by the contact method stipulated between the service provider and the user or by the contact information left by the user. However, this 
requirement shall not apply if the nature of the service provided makes such notice impossible.  
 If a user referred to in the preceding paragraph believes that the materials were not involved in 
infringement, the user may submit counter notification documents to the information storage 
service provider with a request to restore the removed content or related information or restore the access to it.  IP/N/1/TPKM/C/10 
 
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  Upon receipt of a counter notification described in the preceding paragraph, an information storage 
service provider shall expeditiousl y forward such documents to the co pyright holder or plate rights 
holder.  
If, within 10 business days since one day after the date of receiving counter notification from the 
information storage service provider as described in the preceding paragraph, the copyright holder or plate rights holder provides the information storage service provider with evidence regarding 
filing civil or criminal litigation against the user, the information storage service provider shall not 
bear any obligation to restore the content or related information.  If the copyright holder or plate rights holder fa ils to provide evidence on filing litigation in 
accordance with the preceding paragraph, the inform ation storage service provider shall, within no 
more than 14 business days since one day after th e date of forwarding the counter-notification 
documents, restore the removed content or related information or restore the access to it. 
However, if restoration is impossible, the service provider shall notify the user in advance, or 
provide another appropriate method by which the user may restore it.  
Article 90undecies 
An Internet service provider shall not be liable for damages to the allegedly infringing user if the service provider—   
1.  removes, or disables access to, the allegedly infringing content or related information in 
accordance with Articles 90septies to 90novies; or 
 
2.  upon obtaining knowledge of suspected infringement by the user, acts in good faith belief to 
remove, or disable access to, the allegedly infringing content or related information. 
 
Article 90duodecies 
A person who misrepresents an Internet service prov ider with a notification or counter notification 
out of intention or negligence shall be liable for damages for any injury incurred on the user, copyright holder, plate right holder or Internet Service Provider. 
 
Article 90terdecies The information in connection with the public announcement of the contact window under 
Article 90quinquies, and the content of the noti fication and counter notification, required 
particulars, supplementation or correction, and other requisite matters under Articles 90septies through 90decies shall be prescribe by the competent authority. 
 
 Chapter VII Penal Provisions  
Article 91 
A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, 
detention, or in lieu thereof or in addition thereto a fine not more than seven hundred and fifty 
thousand New Taiwan Dollars.  
A person who infringes on the economic rights of another person by means of reproducing the 
work without authorization with the intent to sell or rent shall be imprisoned not less than six months and not more than five years, and in addition thereto, may be fined not less than two hundred thousand and not more than two million New Taiwan Dollars. 
 
A person who commits the offense in the preceding paragraph by means of reproducing onto an optical disk shall be imprisoned not less than six months and not more than five years, and in 
addition thereto, may be fined not less than five hundred thousand and not more than five million 
New Taiwan Dollars.  
A work only for personal reference or fair use of a work does not constitute infringement of 
copyright.  IP/N/1/TPKM/C/10 
 
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  Article 91bis 
A person who infringes on the economic rights of another person by distributing the original of a work or a copy thereof by transfer of ownership without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto, a 
fine not more than five hundred thousand New Taiwan Dollars. 
 A person who distributes or with intent to distribu te publicly displays or possesses a copy knowing 
that it infringes on economic rights shall be imprisoned not more than three years and, in addition 
thereto, may be fined not less than seventy thousand and not more than seven hundred and fifty thousand New Taiwan Dollars.    
A person who commits the offense in the precedin g paragraph and the infringing copy is optical 
disk shall be imprisoned not less than six months and not more than three years and, in addition 
thereto, may be fined not less than two hundred thousand and not more than two million New 
Taiwan Dollars; provided, this shall not apply to optical disks imported in violation of 
subparagraph 4 of Article 87.  
Punishment of an offense in the preceding two paragraphs may be reduced if the offender 
confesses the source of the goods, resulting in the uncovering thereof. 
 Article 92 
A person who infringes on the economic rights of another person without authorization by means 
of public recitation, public broadcast, public pres entation, public performance, public transmission, 
public display, adaptation, compilation, or leasing, shall be punished by imprisonment for not more 
than three years, detention, or in lieu thereof or  in addition thereto a fine not more than seven 
hundred and fifty thousand New Taiwan Dollars.  
Article 93  
In any of the following circumstances, a sentence  of up to two years imprisonment or detention 
shall be imposed, or in lieu thereof or in addition thereto, a fine of not more than five hundred thousand New Taiwan Dollars: 
 
1. Infringement of the author's moral rights as set forth in the provisions of articles 15 through 
17. 
 
2. Violations of the provisions of Article 70.  
3. Infringement of another person's copyright by any of the means specified in paragraph 1, 
subparagraphs 1, 3, 5, or 6 of Article 87, provided this shall not apply to offenses as referred to in paragraph 2 or paragraph 3 of Article 91bis. 
 
4. Violations of subparagraph 7 of paragraph 1 of Article 87. 
 Article 94 
(deleted) 
 Article 95 
A person who violates any provision of Article 112 shall be punished by imprisonment for not more 
than one year, detention, or, in lieu thereof or in  addition thereto, a fine of not less than twenty 
thousand and not more than two hundred and fifty thousand New Taiwan Dollars.  
Article 96 
A fine of up to fifty thousand New Taiwan Dollars shall be imposed for violations of the provisions of the second paragraph of Article 59 or the provisions of Article 64. 
 
Article 96bis In any of the following circumstances a sentence of up to one year imprisonment or detention shall 
be imposed, or in lieu thereof or in addition th ereto, 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. 
 IP/N/1/TPKM/C/10 
 
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  2. Violation of paragraph 2 of Article 80ter. 
 Article 96ter If a fine is to be imposed pursuant to the provisions of this Chapter, the financial ability of the 
offender and the benefit he/she has obtained th rough commission of the offense shall be taken 
into account. If the benefit obtained exceeds the maximum fine, such fine may be increased within the limit of the obtained benefit. 
 
Article 97 (deleted)  
Article 97-1 
When an enterprise, by means of public transm ission, violates the provisions of Article 91, 
Article 92, or Article 93, subparagraph 4 and is convicted by a court, it shall immediately cease 
such activities. If the enterprise does not cease those activities, then following the convening by 
the competent authority of a group of speciali sts, academicians, and related enterprises who 
determine that the enterprise's activities constitute a serious infringement and that they materially 
affect the rights and interests of the economic rights holder, the competent authority shall 
prescribe a period of one month within which the enterprise shall take corrective action; where the enterprise fails to take corrective action within  that period, the competent authority may order 
suspension or compulsory termination of the enterprise's business. 
 
Article 98 An article used in the commission of an offense or acquired through the commission of an offense 
set forth in Article 91 through Article 93, Article 95 through Article 96bis may be confiscated; 
provided, for an offense set forth in paragraph 3 of Article 91 or paragraph 3 of Article 91bis, articles which may be confiscated are not limited to those belonging to the offende 
 
 Article 98bis An article used in the commission of an offense or acquired through the commission of an offense 
set forth in paragraph 3, Article 91, or paragraph 3, Article 91bis, may be confiscated by the 
judiciary police if the offender escapes and is therefore unidentifiable.  
The article confiscated pursuant to the precedin g paragraph shall be destroyed, provided that 
where the confiscated article is money, that money shall be submitted to the national treasury. The relevant provisions of the Act for the Maintenance of Social Order shall apply mutatis mutandis 
to the procedures of the aforementi oned destruction and submission.   
 Article 99 Upon motion by the injured party or another party having the right to file a complaint, an infringer 
as set out in Articles 91 through Articles 93, Articles 95 may be ordered to publish all or part of the 
court judgment in a newspaper and bear the costs thereof.  
Article 100  
The offenses specified in this chapter are actionable only upon complaint; provided, this shall not apply to offenses specified in paragraph 3 of Article 91 and paragraph 3 of Article 91bis. 
 
Article 101 Where the representative of a juristic person, or th e agent, employee, or other servant of a juristic 
or natural person commits any of the offenses specified in Articles 91 through Article 93, Article 95 
through 96bis in the performance of its duties, in addition to punishing the infringer in accordance 
with the aforesaid articles, such juristic or natural person shall also be fined in accordance with said articles. 
 
In circumstances specified in the preceding paragraph, where a complaint against the infringer or the juristic or natural person is filed or withdrawn, the effect of such filing or withdrawal shall 
apply to the others. 
 Article 102  An unrecognized foreign juristic person may file a complaint or bring a private prosecution against 
the offenses specified in Articles 91 through Article 93, Article 95 through 96bis. IP/N/1/TPKM/C/10 
 
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Article 103  Upon complaint or information of an infringement of a person's copyright or plate rights, judicial police officials or judicial police may seize the infringing articles in accordance with law and refer 
the matter for investigation. 
 Article 104 
(deleted) 
  Chapter VIII Supplementary Provisions 
 
Article 105 Persons who apply under this Act for a compulsory license, recordation of plate rights, recordation 
of assignment of plate rights, recordation of trust of plate rights, dispute mediation, inspection of 
the register of plate rights, or issuance of a transcript thereof, shall pay a filing fee. 
 
The amount of the fee referred to in the precedin g 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 Ar ticles 106 through 109 of the Act prior to the 
January 21, 1998 Copyright Act taking effect. 
 This Act shall apply to works that were comp leted after the implementation date of the 
June 10, 1992 amendment to this Act. 
 Article 106bis Except as otherwise provided under in this Chapter, this Act shall apply to works that were 
completed prior to the date on which the World Trade Organization Agreement took effect in the 
territory under the jurisdiction of the Republic of China where such work s did not enjoy copyright 
under the provisions of the respective versions of  this Act but where the term of protection for 
economic rights has not expired in accordance with this Act; provided, this shall not apply to works 
of foreign nationals for which the term of protection has expired in their country of origin.  
T h e  t e r m  " c o u n t r y  o f  o r i g i n "  a s  u s e d  i n  t h e  p r oviso 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 Chapte r, a person who began the exploitation of works 
protected pursuant to the provisions of the preceding article prior to the date on which the World 
Trade Organization Agreement took effect in the te rritory 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 pe riod which commences on the aforementioned 
effective date of said Agreement, and the provisions  of Chapter VI and Chapter VII of this Act shall 
not apply.  From the implementation of the June 6, 2003 amendm ent to this Act, the person exploiting a work 
pursuant to the preceding paragraph, except in circ umstances of rental or lending, shall pay to the 
economic rights holder of the exploited work a re asonable compensation for the exploitation such 
as would normally be paid for such work through free negotiation. 
 
From one year after the date of promulgation of the amendment to this Act, an exploiter shall not 
further sell unauthorized copies of works protec ted under the preceding article; provided, it may 
still rent or lend them. 
 The preceding paragraph does not apply to copies  of works that are separately created through 
exploitation of works protected under the preceding article; provided that, except as set forth in 
Articles 44 to 65, the economic rights holder of  the exploited work shall be paid a reasonable IP/N/1/TPKM/C/10 
 
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  compensation for the exploitation such as would normally be paid for such work through free 
negotiation.  Article 106quater 
Exploitation of a derivative work may continue beyond the date on which the World Trade 
Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, 
where the pre-existing work upon which such derivative work is derived is a work under 
Article 106bis, where the completion of the deriva tive work occurred prior to the aforementioned 
effective date, and where such derivative work was protected under respective versions of this act; the provisions of Chapter VI and Chapter VII of this Act shall not apply.  
From the implementation of the June 6, 2003 amen dment to this Act, the person exploiting the 
derivative work pursuant to the preceding paragrap h shall pay to the economic rights holder of the 
underlying work a reasonable compensation such as would normally be paid for such work through 
free negotiation. 
 The provisions of the preceding two paragraphs shall not affect the protection of the derivative 
work. 
 Article 107 (deleted) 
 
Article 108 (deleted) 
 
Article 109 (deleted) 
 
Article 110 The provisions of Article 13 shall not apply to  works completed and registered prior to the 
implementation date of the June 10, 1992 amendment to this Act. 
 
Article 111 The provisions of Article 11 and Article 12 sh all not apply in the following situations:  
 
1. The copyright was obtained pursuant to the prov isions of Article 10 or 11 of this Act prior to 
the implementation date of the June 10, 1992 amendment to this Act. 
 
2. The copyright was obtained pursuant to Article 11 or 12 of this Act prior to the 
January 21, 1998 Copyright Act taking effect. 
 
Article 112 
Where the works of foreign nationals enjoyed protection of translation rights pursuant to this Act prior to the implementation date of the June 10, 1992 amendment hereto, translations of such 
works made prior to said implementation date shall no longer be reproduced after said 
implementation date without the consent of the hold er of the copyright to such works, unless such 
exploitation is in conformity with Arti cles 44 through Article 65 of this Act. 
 
Copies of translations of works referred to in the preceding paragraph shall no longer be sold after 
the expiration of the two-year period followin g the implementation date of the June 10, 1992 
amendment to this Act. 
 
Article 113 This Act shall apply to plate rights that were obtained prior to the implementation date of the 
June 6, 2003 amendment to this Act; provided, the term of protection calculated pursuant to this 
Act has not expired.  
Article 114 
(deleted)  IP/N/1/TPKM/C/10 
 
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  Article 115 
Agreements for reciprocal copyright protection signed by organizations and agencies of this 
country and those of a foreign country shall, upon  ratification by the Executive Yuan, be deemed 
"agreements" as that term is used in Article 4. 
 
Article 115bis The plate rights register or recordation log, and samples submitted, shall be made available to the 
public for inspection and copying. 
 Any copyright register or recordation log that has been registered and recorded prior to the 
implementation date of the January 21, 1998 amendm ent to this Act, and any sample thereof that 
has been submitted, may be made available to the public for inspection and copying. 
 Article 115ter 
For the purpose of handling copyright litigation, courts may establish a specialized court or appoint 
specialized judges.  
The courts shall deliver to the specialized agen cy in charge of copyright matters a copy of 
decisions in copyright litigation cases.  Article 116 
(deleted) 
 Article 117 
This Act shall take effect from the date of promulgation, provided that the provisions of 
Articles 106bis through 106quater amended and promulgated on January 21, 1998 took effect from the date upon which the World Trade Organization Agreement took effect in the territory 
under the jurisdiction of the Republic of China,  and the provisions amended on May 5, 2006 took 
effect from July 1, 2006.   
__________