1 
 Regulations Governing Application for Approval of 
Compulsory License of Musical Works and Royalties for Use 
Thereof  
1. Promulgated on June 10, 1992  
2. Amended and promulgated on January  23, 1998  
3. Amended and promulgated on April 19, 2000  
4. Amended and promulgated by Ministry of Economic Affairs on February 20, 2002 
per Letter No. Ging -Zhi-Tze 09104603140  
5. Amended  and promulgated  by Ministry of Economic Affairs on  August 4, 2020  
 
 
Article 1  
These Regulations are prescribed pursuant to Paragraph 2 of Article 69 of the 
Copyright Act (hereinafter referred to as "the Act").  
 
Article 2 
In applying for approval of a compulsory license, the following documents shall be 
presented:  
1.A written  application form;  
2.One sample copy of the musical work; and  
3.Other relevant evidential documents.  
 
Article 3 
Except as otherwise provided under these Regulations, the written application form 
in Item 1 of the preceding Article shall indicate the following matters and be signed 
or sealed by the applicant or the agent thereof.  
1.Applicant's name, date of birth or establishment, and domicile or residence, and, if 
the applicant is a juridical person, the name of its representative;  
2.The agent's name and domicile or residence if the application is made by an agent, 
or, the name of its representative if the agent is a juridical person;  
3.The title of the musical work;  
4.The name and nationality of the author of the musical work;  
5.The name, nationality, and domicile or residence of the owner of the economic 
rights to the musical work; also the agent's name and domicile or residence if there is 2 
 an agent known by the applicant. However,  if the musical work has been exclusively 
licen sed, the written application form should then  indicate the name or title, 
nationality, and domicile or residence of the exclusive licensee to the musical work; 
also the agent's name or title and domicile or residence if there is an agent known by 
the appli cant;  
6.The title of the sound recording for sale which has been recorded with the musical 
work and a statement indicating that the sound recording has been publicly published 
for over six months;  
7.A statement indicating that the applicant wishes to expl oit the musical work to 
record and produce other sound recordings for sale;  
8.The kind of carrier which will be recorded with the sound recording to be 
published and the wholesale price thereof;  
9.The quantity of the sound recording to be published; and  
10.The quantity of musical works which the applicant wants to exploit in the sound 
recording he/she plans to publish.  
Where the musical work does not indicate the matters in Item 3 of the preceding 
Paragraph, the matters may be omitted. The domicile or re sidence of the owner, the 
exclusive licensee of the economic rights and the agent thereof may also be omitted 
if it is unknown.  
Where the musical work is in conformance with the situation provided by Item 1 of 
Article 4 of the Act, the written application  form shall indicate the country or area of 
its first publication and the date of publication as prescribed in that Item.  
Where the musical work is in conformance with the situation provided by the proviso 
of Article 4 of the Act, the written application form shall indicate the relevant facts 
complying with that proviso.  
 
Article 4 
Except as otherwise provided under these Regulations, the relevant evidential 
documents referred to in Item 3 of Article 2 include:  
1.Evidential documents indicating that the sound recording for sale is recorded with a 
musical work; and  
2.Evidential documents for the fact that the sound recording for sale as set forth in the 
preceding Item has been publicly published for over six months . 
 3 
 Article 5 
Where an appointed agent file s the application for a compulsory license, a power of 
attorney or an evidential document for authorization shall be presented. When the 
agent is changed or discharged, the change or discharge shall not take effect before a 
written notice of such change or  discharge is given to the Copyright Competent 
Authority.  
 
Article 6 
Where the documents presented by the applicant are foreign official documents, the 
documents shall be authenticated by an ROC embassy/consulate, representative office, 
branch office, or other institute authorized by the Ministry of Foreign Affairs of the 
Republic of China, or verified by a court or a civil notary public of the Republic of 
China.  
Where the documents presented by the applicant are in a foreign language, a Chinese 
translatio n thereof shall be submitted.  
 
Article 7 
After accepting the application, the Copyright Competent Authority shall notify the 
owner of the economic rights to the musical work and the agent  thereof . If the 
musical work has been exclusively licensed, the excl usive licensee to the musical 
work and the agent thereof shall be notified. If the domicile or residence of the 
owner is unknown, the Copyright Competent Authority shall put the contents of the 
written application into a public notice.  
The owner of the eco nomic rights and the agent thereof or the exclusive licensee and 
the agent thereof referred to in the preceding paragraph may submit their opinions in 
writing pertaining to the content of the application form stipulated in Paragraph 1 of 
Article 3 to the C opyright Competent Authority within thirty days after receiving the 
notification or the public notice set by the Copyright Competent Authority.  
Where the owner of the economic rights to the musical work appoints an agent or has 
an agent to submit his/her opinion, a power of attorney or an evidential document for 
authorization shall be presented. When the agent is changed or discharged, the change 
or discharge shall not take effect before a written notice of such change or discharge is 
given to the Copyrigh t Competent Authority.  
 4 
 Article 8 
Under any of the following situations, the Copyright Competent  Authority shou ld 
notify the applicant for co rrection by given deadline:  
1.Where the application fee is not paid in compliance with these Regulations;  
2.Where the written application form presented is not signed or sealed by the 
applicant or his/her agent;  
3.Where the items required to be indicated in the written application form are missing 
or incomplete;  
4.Where the items indicated in the written application f orm conflict with the 
evidential documents or the sample copy of the musical work;  
5.Where the documents required to be subm itted. 
6.Other situations that need to be corrected.  
 
Article 9 
Under any of the following situations, the Copyright Competent Authority shall 
reject the application:  
1.Where the Copyright Competent Authority has set a deadline demanding 
correction in accordance with the provisions of the preceding Article, but the 
applicant has failed to correct or complete the correction by the deadline;  
2.Where the written application conflicts with Paragraph 1 of Article 69 of the Act;  
or  
3.Where the matters indicated in the application form are untrue.  
 
Article 10  
Where the Cop yright Competent Authority does not approve the compulsory license, 
it shall notify the applicant, the owner of the economic right to the musical work and 
the agent thereof with a written statement of reasons. If the musical work has been 
exclusively licen sed, the exclusive licensee and the agent thereof shall be notified.  
 
Article 11  
Where the Copyright Competent Authority approves the compulsory license, it shall 
put the approval decision into a public notice and notify the applicant, the owner of 
the economic right to the musical work and the agent thereof. If the musical work 
has be en exclusively licensed, the exclusive licensee and the agent thereof shall be 5 
 notified.  
 
Article 1 2  
Upon approving a compulsory license, the Copyright Competent  Authority shall 
simultaneously inform the applicant of how the royalties will be calculated a nd in 
what manner the license is permitted to use.  
The royalties paid by the applicant shall be calculated as follows:  
 
Royalties =  
The wholesale price of a sound recording which is scheduled to  be published X 5.4% 
X the quantity to be published  
————————————————————————————————  
The quantity of the musical work which would be used for the  sound recording to be 
published  
 
In accordance with the formula of the preceding Paragraph, where the amount of the 
royalties calculated is under twenty thousand New Taiwan Dollars, it shall be 
calculated as twenty thousand New Taiwan Dollars; provided, the applicant has 
special reason and provide evidence to demonstrate, may calculate according to the 
preceding Paragraph.  
 
Article 1 3 
The applicant who has lodged royalties shall report to the Copyright Competent  
Authority for its recordation.  
 
Article 1 4 
Where the applicant has not paid royalties, he/she shall not use the musical work to 
record and produce a sound recording for sale.  
 
Article 1 5 
The applicant who has obtained approval for a compulsory license from the Copyright 
Competent  Authority shall not transfer the approval or prohibit others from recording 
and producing another sound recording.  
 6 
 Article 1 6 
Where the estimated wholesale price that the applicant has submitted is lower than 
the actual wholesale price or the estimated quantities of the musical works that the 
applicant has applied to use is higher than the quantities of the musical works that 
actually have been used , resulting in the amount of the royalties being higher than 
what is calculated according to the provision of Article 12, the applicant shall  make 
up for the deficiency.  
After the Copyright Competent Authority has approved a compulsory license, the 
applica nt who wishes to increase the quantity of publications originally approved 
shall apply to the Copyright Competent Authority for change of the quantity of 
publication.  
Where the Copyright Competent Authority approves the change as set forth in the 
precedin g Paragraph, it shall put the approval decision into a public notice and notify 
the applicant, the owner of the economic rights to the musical work and the agent 
thereof. If the musical work has been exclusively licensed, the exclusive licensee and 
the age nt thereof shall be notified.  
 
Article 1 7 
The sound recordings recorded and produced in accordance with these Regulations 
shall indicate the following matters:  
1.The title of the musical work;  
2.The name of the author of the musical work;  
3.The date and  document number of approval of the compulsory license by the 
Copyright Competent Authority;  
4.Areas of sales;  
5.Serial number that is sufficient to identify the quantity to be published; and  
6.The product title and code of the produced record work  
Where the musical work does not indicate the matters in Item 1 of the preceding 
Paragraph, the matters may be omitted. The produced record work may also be 
omitted if it does not indicate the matters in Item 6 of the preceding Paragraph.  
The applicant sha ll, in accordance with Paragraph 1, submit a publication sample to 
the Copyright Competent Authority, the owner of the economic rights to the musical 
work and the agent thereof within 14 days. If the musical work has been exclusively 
licensed, the applican t shall submit a publication sample to the exclusive licensee 7 
 and the agent thereof within 14 days, except where the domicile or residence of the 
owner, the exclusive licensee or the agent thereof is unknown.  
 
Article 1 8 
The Copyright Competent Authority revoking or abolishing approval pursuant to 
Article 71 of the Act, shall publicize its decision and notify the applicant, the owner 
of the economic rights to the musical work and the agent thereof. If the musical work 
has been exclusively licensed, the exc lusive licensee and the agent thereof shall be 
notified.  
The Copyright Competent Authority shall first inform the applicant to state his/her 
opinion within a specified deadline before the revocation or abolishment of approval 
stated in the preceding Paragr aph. 
 
Article 19  
These Regulations shall come into force from the date of promulgation.