The Coordination Council for North American Affairs (CCNAA) and
the American Instititute in Taiwan (AIT), recognizing the bene-
fits of strong protection for copyrighted works, the broader a-
nd more rapid distribution of a wide range of audiovisual works
, and the importance of effective enforcement of rights through
all avialable means have consulted on the means to achieve the-
se objectives.
I In order to eliminate the unauthorized reproduction, sale, le-
asing or other distribution, importation or exhibition of any
audiovisual work independent of the medium of fixation (herein
referred to as"audiovsual works") in MTV centers and other fa-
cilities, including but not limitd to barber shops, massage p-
arlors, kara-oke bars, hotels, and buses, CCNAA agrees to ens-
ure that the authorities it represents take the following act-
ions :
1 to initial by May 31, 1989, the AIT-CCNAA bilateral copyrig-
ht agreement agreed to by both parties, incorporating the d-
efinition of" public performance" agreed to during consulta-
tions held on March 20-21, 1989 ;
2 to introduce at the outset of the Fall 1989 session of the
Legislative Yuan amendments to the 1985 Copyright Law incor-
porating mutually agreed upon language defining " the right
of public presentation " in Article 3 (30) of the Copyright
Law and to take all necessary steps within its power to enc-
ourage enactment of this amendment by the Legislative Yuan
by December 31, 1989;
3 to interpret Article 3 (16) of the Copyright Law as covering
all audiovisual works, including laser discs, regardless of
the medium of fixation; to amend the enforcement rules to t-
he Copyrignt Law to state explicitly that the provisions of
Article 3 (16) apply to all forms of audiovisual works, inc-
luding laser discs, regardless of the medium of fixation; a-
nd, if necessary to give effect to this interpretation, to
introduce expeditiously an amendment to the Copyrignt Law w-
hich defines audiovisual works independent of the medium of
fixation, and to take all necessary steps within its power
to encourage its early enactment by the Legislative Yuan ;
4 to require all MTVs to obtain Government Information Office
(GIO) licenses by December 31, 1989 and to conform to all
regulations governing zoning, health, and safety regulations
;
5 to require all audiovisual works shown in MTV centers and o-
ther facilities (as described above) to be licensed for such
use by the GIO, and to require further that distributors of
all audiovisual works licensed by GIO after July 1, 1989 af-
fix to each such work and each copy thereof a sticker issued
by GIO;
6 in accordance with the Enforcement Plan approved by the Exe-
cutive Yuan on May 4, 1989, to conduct frequent and repeated
raids on licensed and unlicensed MTV centers as well as on
any other facilities engaged in exhibiting audiovisual works
, and to devote sufficient resources to that Plan ;
7 in instances involving the unauthorized leasing and exhibit-
ion of audiovisual works, to impose the maximum penalties p-
ermissible, including (1) confiscation of all audiovisual w-
orks not authorized for use in such establishments; (2) in -
all cases where permissible under the law, confiscation of
all equipment used in the unauthorized exhibition of such w-
orks; (3) in the absence of special circumstances to the co-
ntrary, imposition of the maximum fines permitted under the
law; and (4) cancellation of operation licenses in cases in-
volving more than two violations of the applicable laws and
regulations. Such actions shall be taken under the provisio-
ns of the Broadcasting and Television Law, the Enforcement
Rules for the Broadcasting and Television Law, the Rules Re-
gulating Enterprises Supplying Broadcasting and Television
Programs, and all other pertinent laws or regulations ;
8 in instances involving the leasing and exhibition of pirated
audiovisual works, GIO will confiscate all pirated audiovis-
ual works in accordance with the provisions of Article 45--2
of the Broadcasting and Television Law. GIO shall inform the
Ministry of Interior (MOI) of MTVs and other facilities eng-
aging in infringement, and MOI representatives shall inform
copyright owner representatives. Pirated audiovisual works
and the equipment used to produce and exhibit them shall be
seized and confiscated in accordance with the provisions of
Articles 35 and 46 of the Copyright Law. Individuals who en-
gage in such activities as an occupation shall be prosecuted
under Article 40 of the Copyright Law and shall not be perm-
itted to " buy out" jail terms. Government prosecution coun-
sel shall in all cases recommend the maximum penalties prov-
ided for under the Copyright Law.
II In order to eliminate the unauthorized reproduction, sale, l-
easing or other infringing distribution, or importation of a-
duiovisual works, CCNAA agrees to undertake the actions prov-
ided for in paragraphs I(6) and I(8) above with respect to v-
ideo rental stores," underground factories" and any other pe-
rson, entity, or establishment engaged in such activites.
III CCNAA agrees to review with AIT on a quarterly basis enforc-
ement progress, and to provide enforcement statistics. Such
statistics shall detail raids conducted by GIO and MOI under
the Broadcasting and Television Law and the Copyright Law,
and the number of copies of audiovisual works seized. In ad-
dition, CCNAA will make every effort to provide information
about prosecutions by government prosecution counsel and the
results of such prosecutions (e.g., number of prosecutions,
settlements, and fines and jail terms imposed).
IV CCNAA and AIT agree to consult promptly on any matter relati-
ng to alleged unauthorized reproduction, sale, leasing or ot-
her distribution, importation, or exhibition of audiovisual
works at the request of either side.
V AIT recognizes the importance of the efforts and the commitme-
nts made by CCNAA in this agreement to protect the interests
of owners of copyrignt in audiovisual works. AIT anticipates
that effective implementation of these commitments, when view-
ed with other ongoing CCNAA initiatives will contribute signi-
ficantly to the improvement of trade relations between the two
territories.
I Letter from Mr. David N. Laux, Chairman of the Board and Mana-
ging Director of the American Institute in Taiwan to Mr. Ding
Mou-shih, Representative of the Coordination Council for North
American Affaires, Office in U.S.A.
June 6, 1989
Mr. Ding Mou--shih
Representative
Coordination Council for
North American Affairs
4201 Wisconsin Ave., N.W.
Washington, DC 20016--2137
Dear Mr. Ding :
I have the honor to refer to the recent meetings held between
representatives of the Coordination Council for North American
Affairs and the American Institute in Taiwan concerning the p-
rotection and enforcement of rights in audiovisual works. As a
result of these meetings, our representatives reached an agre-
ement, the text of which follows :
" AGREEMENT CONCERNING THE PROTECTION AND ENFORCEMENT OF RIGH-
TS IN AUDIOVISUAL WORKS BETWEEN THE COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS AND THE AMERICAN INSTITUTE IN TAIWAN
The Coordination Council for North American Affairs (CCNAA) a-
nd the American Institute in Taiwan (AIT) recognizing the ben-
efits of strong protection for copyrighted works, the broader
and more rapid dispribution of a wide range of audiovisual wo-
rks, and the importance of effective enforcement of rights th-
rough all available means have consulted on the means to achi-
eve these objectives.
I In order to eliminate the unauthorized reproduction, sale, le-
asing or othe distribution, importation or exhibition of any
audiovisual work independent of the medium of fixation (herein
referred to as "audiovisual works") in MTVcenters and other f-
acilities, including but not limited to barber shops, massage
parlors, kara-oke bars, hotels, and buses, CCNAA agrees to en-
sure that the authorities it represents take the following ac-
tions :
1 to initial by May 31, 1989, the AIT--CCNAA bilateral copyri-
ght agreernentagreed to by both parties, incorporating the
definition of " public performance" agreed to during consul-
ztations held on March 20--21, 1989 ;
2 to introduce at the outset of the Fall 1989 session of the
Legislative Yuan amendments to the 1985 Copyright Law incor-
porating mutually agreed upon language defining " the right
of public presentation " in Article 3 (30) of the Copyright
Law and to take all necessary steps within its power to enc-
ourage enactment of this amendment by the Legislative Yuan
by December 31, 1989 ;
3 to interpret Article 3 (16) of the Copyright Law as covering
all audiovisual works, including laser discs, regardless of
the medium of fixation; to amend the enforcement rules to t-
he Copyright Law to state explicitly that the provisions of
Article 3 (16) apply to all forms of audiovisual works, inc-
luding laser discs, regardless of the medium of fixation; a-
nd, if necessary to give effect to this interpretation, tq
introduce expeditiously an amendment to the Copyright Law w-
hich defines audiovisual works independent of the medium of
fixation, and to take all necessary steps within its power
to encourage its early enactment by the Legislative Yuan ;
4 to require all MTVs to obtain Government Information Office
(GIO) licenses by December 31, 1989 and to conform to all
regulations governing zoning, health, and safety regulations
;
5 to require all audiovisual works shown in MTV centers and o-
ther facilities (as described above) to be licensed for such
use by the GIO, and to require further that distributors of
all audiovisual works licensed by GIO after July 1, 1989 af-
fix to each such work and each copy thereof a sticker issued
by GIO ;
6 in accordance with the Enforcement Plan approved by the Exe-
cutive Yuan on May 4, 1989, to conduct frequent and repeated
raids on licensed and unlicensed MTV centers as well as on
any other facilities engaged in exhibiting audiovisual works
, and to devote sufficient resources to that Plan ;
7 in instances involving the unauthorized leasing and exhibit-
ion of audiovisual works, to impose the maximum penalties p-
ermissible, including (1) confiscation of all audiovisual w-
orks not authorized for use in such establishments; (2) in
all cases where permissible under the law, confiscation of
all equipment used in the unauthorized exhibition of such w-
orks; (3) in the absence of special circumstances to the co-
ntrary, imposition of the maximum fines permitted under the
law; and (4) cancellation of operating licenses in cases in-
volving more that two violations of the applicable laws and
regulations. Such actions shall be taken under the provisio-
ns of the Broadcasting and Television Law, the Enforcement
Rules for the Broadcasting and Television Law, the Rules Re-
gulation Enterprises Supplying Broadcastingand Television P-
rograms, and all other pertinent laws or regulations ;
8 in instances involving the leasing and exhibition of pirated
audiovisual works, GIO will confiscate all pirated audiovis-
ual works in accordance with the provisions of Article 45-2
of the Broadcasting and Television Law. GIO shall inform the
Ministry of Interior (MOI) of MTVs and other facilities eng-
aging in infringement, and MOI representatives shall inform
copyright owner representatives. Pirated audiovisual works
and the equipment used to produce and exhibit them shall be
seized and confiscated in accordance with the provisions of
Articles 35 and 46 of the Copyright Law. Individuals who en-
gage in such activities as an occupation shall be prosecuted
under Article 40 of the Copyright Law and shall not be perm-
itted to " buy out " jail terms. Governmend prosecution cou-
nsel shall in all cases recomment the maximum penalties pro-
vided for under the Copyright Law.
II In order to eliminate the unauthorized reproduction, sale, l-
easing or other infringing distribution, or importation audi-
ovisual works, CCNAA agrees to undertake the actions provided
for in paragraphs I(6) and I(8) above withrespect to video r-
ental stores, " underground factories " and any other person,
entity, or establishment engaged in such activities.
III CCNAA agrees to review with AIT on a quarterly basis enforc-
ement progress, and to provies enforcement statistics. Such
statistics shall detail raids conducted by GIO and MOI under
the Broadcasting and Television Law and the Copyright Law,
and the number of copies of audiovisual works seized. In ad-
dition, CCNAA will make every effort to provide information
about prosecutions by government prosecution counsel and the
results of such prosecution (e.g., number of prosecutions,
settlements, and fines and jail terms imposed).
IV CCNAA and AIT agree to consult promptly on any matter relati-
on to alleged unauthorized reproduction, sale, leasing or ot-
her distribution, importation, or exhibition of audiovisual
works at the request of either side.
V AIT recognizes the importance of the efforts and the commitme-
nts made by CCNAA in this agreement to protect the interests
of owners of copyright in audiovisual works. AIT anticipates
that effective implementation of these commitments, when view-
ed with other ongoing CCNAA initiatives, will contribute sign-
ificantly to the improvement of trade relations between the t-
wo territories." Please confirm that this exchange of letters
reflects our mutual understanding of our agreement of the pro-
thection and enforcement of rights in audiovisual works.
Sincerely,
[Signed]
David N. Laux
Chairman of the Board
and Managing Director
Enclosures:
1 Memorandum ofUnderstandings, May 19, 1989.
2 Draft Letter from Ding Mou-shih to David Laux.
II Letter from Mr. Ding Mou-shih, Representative of the Corrd-
ination Council for North American Affairs, Office in U.S.A
. to Mr. David N. Laux, Chairman of the Board and Managing
Director of the American Institute in Taiwan
Ref. No. : EC-78-O43
June 16, 1989
Mr. David N. Laux
Chairman of the Board
and Managing Director
American Institute in Taiwan
1700 N. Moore Street, #1705
Arlington, VA 22209
Dear Mr. Laux :
I have the honor to acknowledge receipt of your letter of
June 1989, concerning the agreement reached between our re-
presentatives on the protection and enforcement of rights
in audiovisual works. Your letter reads as follows :
" Dear Mr. Ding :
I have the honor to refer to the recent meetings held betw-
een representatives of the Coordination Council for North
American Affairs and the American Institute in Taiwan conc-
erning the protection and enforcement of rights in audiovi-
sual works. As a result of these meetings, our representat-
ives reached an agreement, the text of which follows :
" AGREEMENT CONCERNING THE PROTECTION AND ENFORCEMENT OF R-
IGHTS IN AUDIOVISUAL WORKS BETWEEN THE COORDINATION COUNCIL
FOR NORTH AMERICAN AFFAIRS AND THE AMERICAN INSTITUTE IN T-
AIWAN
The Coordination Council for North American Affairs (CCNAA)
and the American Institute in Taiwan (AIT) recognizing the
benefits of strong protection for copyrighted works, the b-
roader and more rapid dispribution of a wide range of audi-
ovisual works, and the importance of effective enforcement
of rights through all available means have consulted on the
means to achieve these objectives.
I In order to eliminate the unauthorized reproduction, sale
, leasing or othe distribution, importation or exhibition
of any audiovisual work independent of the medium of fix-
ation (herein referred to as "audiovibual works") in MTV-
centers and other facilities, including but not limited
to barber shops, massage parlors, kara-oke bars, hotels,
and buses, CCNAA agrees to ensure that the authorities it
represents take the following actions :
1 to initial by May 31, 1989, the AIT--CCNAA bilateral c-
opyright agreementagreed to by both parties, incorpora-
ting the definition of " public performance" agreed to
during consultations held on March 20 --21, 1989 ;
2 to introduce at the outset of the Fall 1989 session of
the Legislative Yuan amendments to the 1985 Copyright
Law incorporating mutually agreed upon language defini-
ng " the right of public presentation " in Article 3 (3
0) of the Copyright Law and to take all necessary steps
within its power to encourage enactment of this amendm-
ent by the Legislative Yuan by December 31, 1989 ;
3 to interpret Article 3 (16) of the Copyright Law as co-
vering all audiovisual works, including laser discs, r-
egardless of the medium of fixation; to amend the enfo-
rcement rules to the Copyright Law to state explicitly
that the provisions of Article 3 (16) apply to all for-
ms of audiovisual works, including laser discs, regard-
less of the medium of fixation; and, if necessary to g-
ive effect to this interpretation, to introduce expedi-
tiously an amendment to the Copyright Law which defines
audiovisual works independent of the medium of fixation
, and to take all necessary steps within its power to
encourage its early enactment by the Legislative Yuan ;
4 to require all MTVs to obtain Government Information O-
ffice (GIO) licenses by December 31, 1989 and to confo-
rm to all regulations governing zoning,health, and saf-
ety regulations ;
5 to require all audiovisual works shown in MTV centers
and other facilities(as described above) to be licensed
for such use by the GIO, and to require further that d-
istributors of all audiovisual works licensed by GIO a-
fter July 1, 1989 affix to each such work and each copy
thereof a sticker issued by GIO ;
6 in accordance with the Enforcement Plan approved by the
Executive Yuan on May 4, 1989, to conduct frequent and
repeated raids on licensed and unlicensed MTV centers
as well as on any other facilities engaged in exhibiti-
ng audiovisual works, and to devote sufficient resourc-
es to that Plan ;
7 in instances involving the unauthorized leasing and ex-
hibition of audiovisual works, to impose the maximum p-
enalties permissible, including (1) confiscation of all
audiovisual works not authorized for use in such estab-
lishments; (2) in all cases where permissible under the
law, confiscation of all equipment used in the unautho-
rized exhibition of such works; (3) in the absence of
special circumstances to the contrary, imposition of t-
he maximum fines permitted under the law; and (4) canc-
ellation of operating licenses in cases involving more
that two violations of the applicable laws and regulat-
ions. Such actions shall be taken under the provisions
of the Broadcasting and Television Law, the Enforcement
Rules for the Broadcasting and Television Law, the Rul-
es Regulation Enterprises Supplying Broadcastingand Te-
levision Programs, and all other pertinent laws or reg-
ulations ;
8 in instances involving the leasing and exhibition of p-
irated audiovisual works, GIO will confiscate all pira-
ted audiovisual works in accordance with the provisions
of Article 45--2 of the Broadcasting and Television Law
. GIO shall inform the Ministry of Interior (MOI) of M-
TVs and other facilities engaging in infringement, and
MOI representatives shall inform copyright owner repre-
sentatives. Pirated audiovisual works and the equipment
used to produce and exhibit them shall be seized and c-
onfiscated in accordance with the provisions of Articl-
es 35 and 46 of the Copyright Law. Individuals who eng-
age in such activities as an occupation shall be prose-
cuted under Article 40 of the Copyright Law and shall
not be permitted to " buy out " jail terms. Governmend
prosecution counsel shall in all cases recomment the m-
aximum penalties provided for under the Copyright Law.
II In order to eliminate the unauthorized reproduction, sa-
le, leasing or other infringing distribution, or import-
ation audiovisual works, CCNAA agrees to undertake the
actions pro- vided for in paragraphs I(6) and I(8) above
witbrespect to video rental stores, "underground factor-
ies " and any other person, entity, or establishment en-
gaged in such activities.
III CCNAA agrees to review with AIT on a quarterly basis e-
nforcement progress; and to provies enforcement statis-
tics, Such statistics shall detail raids conducted by
GIO and MOI under the Broadcasting and Television Law
and the Copyright Law, and the number of copies of aud-
iovisual works seized. In addition, CCNAA will make ev-
ery effort to provide information about prosecutions by
government prosecution counsel and the results of such
prosecution (e.g., number of prosecutions, settlements,
and fines and jail terms imposed).
IV CCNAA and AIT agree to consult promptly on any matter r-
elation to alleged unauthorized reproduction, sale, lea-
sing or other distribution, importatibn, or exhibition
of audiovisual works at the request of either side.
V AIT recognizes the importance of the efforts and the com-
mitments made by CCNAA in this agreement to protect the
interests of owners of copyright in audiovisual works. A-
IT anticipates that effective implementation of these co-
mmitments, when viewed with other ongoing CCNAA initiati-
ves, will contribute significantly to the improvement of
trade relations between the two territories. "
Please confirm that this exchange of letters reflects our
mutual understanding of our agreement of the prothection
and enforcement of rights in audiovisual works.
Sincerely,
[Signed]
Enclosures :
David N. Laux
Chairman of the Board
and Managing Director
Memorandum of Understandings,
May 19, 1989.
I am pleased to confirm that this exchange of letters is
a mutual understanding of our agreement on the protection
and enforcement of rights in audiovisual works.
Sincerely,
[Signed]
Mou-shih Ding
Representative