The Coordination Council for North American Affairs (CCNAA), and
the American Institute in Taiwan (AIT), in order to promote
extensive, close and friendly commercial, cultural, and other
relations and desiring to facilitate the expansion of commerce
on a non-discriminatory basis, have established this Agreement
to enhance the rights of authors and other copyright owners
without impairing any protection in their works enjoyed by
virtue of any prior agreements or other arrangements.
Article 1
(1)The AIT and the CCNAA, as Parties to this Agreement,
undertake to provide for and to maintain in the domestic
legislation of their respective authorities and under this
Agreement the adequate and effective rights of authors and
other copyright proprietors in their literary and artistic
works.
(2)"Territory" shall describe the area under the jurisdiction of
the authority of either Party to this Agreement as the
context may require.
(3)A "protected person" shall mean:
(a)An individual or juridical person who under the laws of
either territory would be considered a citizen or national
of that territory, and
(b)An individual or juridical person who first publishes his
or her works in the territor.
(4)In the territories represented by the Parties, each of the
following also shall be deemed a "protected person" upon the
fulfillment of the conditions set out in the proviso
following paragraph (b) below:
(a)A person or entity identified in paragraph (3) (a) above;
and
(b)A juridical entity wherever located which is directly, or
indirectly controlled by, or where a majority of the
shares or other proprietary interest is owned by, a person
or entity identified in paragraph (3) (a) above.
A person or entity designated in paragraph (4) shall be
considered a protected person to the extent that he owns, by
way of any written agreement signed by the parties thereto,
exclusive right(s) in a literary or artistic work in the
territories represented by the Parties provided that:
(a)The ownership of such right(s) was acquired by way of any
written agreement signed by the parties thereto, within
one year following the first publication of the work in a
country that is party to a multilateral copyright
convention to which the territory represented by either
Party belongs; and
(b)The work has been made available to the public in the
territory represented by either Party.
For the purposes of paragraph (4) indirect control means
control exercised through subsidiaries or affiliates wherever
located.
(5)Full copyright protection will be provided in the territory
represented by AIT to protected persons of the territory
represented by CCNAA for such exclusive rights in literary
and artistic works upon the condition that such works are
first published in a territory that is party to an
international copyright convention to which the territory
represented by AIT adheres.
(6)Authors and other copyright owners who have their habitual
residence in one of the territories represented by either
Party to this Agreement shall, for the purposes of this
Agreement, be assimilated to protected persons of that
territory.
(7)Notwithstanding the provisions of paragraphs (3) (b) and (6)
above, if a territory not a Party to this Agreement does not
protect works of protected persons of the territory
represented by CCNAA first published in the non-party's
territory, protection accorded to the works of such citizens,
nationals, or juridical entities of that non-Party territory
shall be restricted by the authorities of the territory
represented by CCNAA in a corresponding manner.
Article 2
(1)The expression "literary and artistic works" shall include
every original production in the literary, scientific, and
artistic domain, whatever may be the mode or form of its
expression, including books, pamphlets, computer programs and
other writings; lectures, addresses, sermons and other oral
works; dramatic or dramatico-musical works; choreographic
works; musical works with or without words; sound recordings;
motion pictures fixed in any form including videotape;
pictorial works; artistic works; photographic works; maps;
scientific-technological or engineering design drawings;
translations; compilations; and other works. The categories
of such works shall be determined by the applicable laws of
each territory.
(2)Whether all or specific categories of literary and artisic
works must be fixed in some material form in order to be
protected will be determined according to the laws of each
territory.
(3)Without prejudice to the copyright in the original work, and
except as otherwise provided in this Agreement, translations,
adaptations, arrangements of musical works and other
alterations of a literary or artistic work shall be
independently protected in accordance with this Agreement and
the laws of each territory.
(4)It shall be a matter for the legislation in each territory to
determine the protection to be granted to official texts of a
legislative, administrative and legal nature, and to official
translations of such texts.
(5)Collections of lietrary or artistic works or compilations of
other preexisting materials which, by reason of the selection
and arrangement of their contents, constitute intellectual
creations such as directories, encyclopedias, and
anthologies, regardless of their means of fixation and
reproduction whether in print or analogous form or in
electronic media, shall be independently protected; however
such protection shall not affect the copyright, if any, in
any works forming part of such collections or compilations.
(6)The works mentioned in this Article shall enjoy copyright
protection in each territory represented by a Party to this
Agreement. This protection shall operate for the benefit of
the author and his or her successors in title.
Article 3
(1)The protection of this Agreement shall apply to works created
by proteced persons of one of the territories represented by
a Party to this Agreement, for their works, whether published
or not.
(2)The expression "published works" means works published with
the consent of their authors, whatever may be the means of
manufacture of the copies, provided that the availability of
such copies has been such as to satisfy the reasonable
requirements of the public, having legard to the nature of
the work. Provided further that, the performance of a
dramatic, dramatico-musical, cinematographic or musical work,
the public recitation of a literary work, the communication
by wire or the broadcasting of literary and artistic works
and the exhibition of a work of art shall not constitute
publication.
(3)A work shall be considered as having been first published in
the territory represented by a Party to this Agreement if it
has been published there within thirty days of its first
publication anywhere else.
Article 4
(1)In respect of literary and artistic works for which they are
protected persons under this Agreement, authors and other
copyright owners shall enjoy in the territory represented by
either of the Parties to this Agreement, the rights which
their respective laws do now or may hereafter grant to their
protected persons consistent with the terms of this Agreement
and in accordance with their respective laws.
(2)The enjoyment and the exercise of these rights shall not be
subject to any formality; such enjoyment and such exercise
shall be independent of the existence of protection in the
territory of origin of the work. The extent of protection and
the means of redress afforded to such protected persons
hereunder to protect their rights shall be consistent with
the terms of this Agreement and governed by the laws of the
territory where protection is claimed.
(3)Upon compliance with procedural measures, if any, not
precluded by (2) above, and concerned with enforcement of the
rights embodied in this Agreement in each territory, the
author or copyright owner and his or her assignees and
exclusive licensees shall be entitled to institute in that
territory infringement proceedings and to secure effective
criminal or customs enforcement of the rights embodied in
this Agreement and in accordance with the laws of the
territories represented by the Parties to this Agreement.
(4)Such procedural measures, if imposed, shall:
(a)be applied equally to all protected persons; and
(b)be implemented by regulations and instructions published
so as to be readily available to applicants.
(5)The territories represented by the Parties to this Agreement
shall afford to the works of a protected person, in a suit
brought to enforce the rights provided in the domestic law of
either territory, a presumption that if the name of such
person or the date or place of publication appears on copies
of the work, such person is the author or copyright owner, as
the case may be, and such date or place represents the facts
with respect thereto until the contrary is proved.
Article 5
(1)The term of protection shall be no less than the file of the
author and fifty years after his or her death.
(2)In the case of works not authored by a natural person, the
term of protection shall expire no less than fifty years
after the date of creation or first publication of the work,
whichever expires first.
(3)If, however, on the date on which this Agreement comes into
effect,the legislation of the territory represented by a
Party to this Agreement has established periods of protection
for certain categories of works as from the day of creation
or the day of first publication, they may maintain this
exception and apply it to works created after the Agreement
comes into effect. The period of protection for such
categories of works may not be less than fifty years after
the day of completion.
(4)In the case of a work of joint authorship, the term shall be
measured from the death of the surviving author.
Article 6
Authors of literary and artistic works proteced under this
Agreement shall enjoy the exclusive right of making and of
authorizing the translation of their works throughtout the term
of protection of their rights in the original works except as
otherwise provided in this Agreement and the Appendix which is
an integral part of this Agreement.
Article 7
(1)Except as otherwise provided in this Agreement, authors of
literary and artistic works protected by this Agreement shall
have the exclusive right of authorizing the reproduction of
these works, in any manner or form.
(2)Any sound or visual recording of any such work shall be
considered as a reproduction for the purposes of this
Agree-ment.
Article 8
(1)Authors of dramatic works, dramatico-musical works, musical
works, and sound recordings for which they are protected
persons hereunder shall enjoy the exclusive right of
autho-rizing:
(i)the public performance of their works, including such
public performance by any means or process; or
(ii)any communication to the public of the performance of
their works.
(2)The law of the territory represented by either Party may
limit or not extend rights of public performance, public
com-munication, or broadcasting to sound recordings,
notwith-standing the provisions of this Article and Article
9.
(3)For the purpose of this Article and Articles (9) and (10) to
perform or present a work in "public" shall mean:
(a)to perform or present it in a place open to the public or
at any place where a substantial number of persons outside
of a normal circle of a family and its social
acquaintances is gathered; or
(b)to communicate, or transmit a performance or presentation
of a work in any form or by means of any device or process
to a place specified in clause (a) or to the public,
regardless of whether the members of the public capable of
receiving such communications receive them in the same or
separate places and at the same time or at different
times.
Article 9
(1)Except to the extent otherwise provided in paragraphs (2) and
(3) of this Article, authors of literary and artistic works
protected under this Agreement shall enjoy the exclusive
right of authorizing:
(i)the broadcasting of their works or the communication
thereof to the public by any other means of wireless
diffusion of signs, sounds or images;
(ii)any communication to the public by wirw or by
rebroadcasting of the broadcast of the work, when this
communication is made by an organization other than the
original one;
(iii)the public communication by loudspeaker or any other
analogous instrument transmitting, by signs, sounds or
images, the broadcast of the work;
(iv)the exercise of the foregoing rights in the territory
represented by a Party to this Agreement shall be in
accordance with the legislation of that territory.
(2)The rights of authors and copyright owners in works to
authorize cable retransmission of broadcasts may be limited
to right of remuneration notwithstanding the provisions of
this Article. Such limitations shall apply only in the
territories where they have been prescribed, and shall be
accompanied by detailed laws and regulations that provide
strong safeguards, including notification of the copyright
owner and effective opportunity to be heard, mechanisms to
ensure prompt payment and remittance of royalties consistent
with those that would be negotiated on a voluntary basis.
(3)It shall, however, be a matter for legislation in the
territory represented by each Party to this Agreement to
determine the regulations for ephemeral recordings made by a
broadcasting organization by means of its own facilities and
used for its own broadcasts. The preservation of these
recordings in official archives may, on the ground of their
exceptional documentary character, be authorized by such
legislation.
Article 10
Authors of literary and artistic works for which they are
protected persons hereunder shall enjoy the exclusive right of
authorizing:
(i)the public recitation of such works, including such public
recitaion by any means or process;
(ii)any communication to the public of the recitation of such
works.
Article 11
Authors of literary or artistic works for which they are
protected persons hereunder shall enjoy the exclusive right of
authorizing adaptations, arrangements, and other alterations of
their works.
Article 12
Notwithstanding the provisions of Article 7, each territory
represented by a Party to this Agreement may be permitted
without the consent of the author or copyright owner of a
musical work including both words and music to impose a
non-voluntary license for the making of a sound recording of the
musical work and any accompanying words, provided that the
author or copyright owner of the work has already authorized the
making of a sound recording of work. Such a non-voluntary
license shall not permit the duplication of a sound recording
fixed by another, shall apply only in the territory which has
imposed such non-voluntary license, and shall not, in any
circumstances, be prejudicial to the rights of these authors to
obtain equitable remuneration which, in the absence of
agreement, shall be fixed by competent authority.
Article 13
It shall be a matter for the legislation of the territories
represented by the Parties to this Agreement to make limited
exceptions to the exclusive rights specified in articles 6, 7,
8, 9, 10, and 11 of this Agreement, provided that such exception
shall neither conflict with a normal exploitation of the work,
nor prejudice the legitimate interests of the author or
copyright owner.
Article 14
(1)Infringing copies of a work protected in accordance with this
Agreement shall be liable to seizure in either territory
where such work enjoys legal protection. An infringing copy
shall mean a copy of such work that infringes any of the
exclusive rights provided in domestic law and in this
Agreement including a copy which is imported into the
territory represented by either Party where, if made in such
territory by the importer, would constitute an infringement
of the copyright.
(2)The seizure shall take place in accordance with the
legislation of each territory.
Article 15
The provisions of this Agreement cannot in any way affect the
right of either territory represented by a Party to this
Agreement to permit, to control, or to prohibit, by legislation
or regulation, the circulation, presentation, or exhibition of
any work or production in regard to which the competent
authority may find it necessary to exercise that right.
Article 16
(1)The provisions of this Agreement shall apply in each
territory represented by a Party to this Agreement to all
works that are protected under the copyright law of that
territory on the effective date of this Agreement. The
provisions of this Agreement shall not affect obligations
arising under earlier agreements except as specifically
provided for in this Agreement.
(2)Works created in the twenty years prior to 1985 shall be
included as works proteced under this Agreement in the
territory represented by CCNAA, unless the work was
registered pursuant to the copyright law then in effect and
the term of protection under that law expired prior to 1985.
Article 17
The provisions of this Agreement shall not preclude either Party
to this Agreement from granting protection at a higher level
than that provided for in this Agreement. In such event,
however, such protection shall be afforded equally to all
protected persons under this Agreement.
Article 18
Juridical entities of the territory represented by each Party to
this Agreement shall be entitled to full rights of filing suit
or prosecution in the territory represented by the other Party,
whether or not that entity is recognized by the authorities of
the other Party.
Article 19
Each territory represented by a Party to this Agreement shall
adopt such measures as are necessary under its domestic law to
ensure the application of the terms of this Agreement. It is
understood that at the date this Agreement comes into force for
either territory represented by a Party to this Agreement, that
territory must under its domestic law give effect to the terms
of this Agreement.
Article 20
(1)The Parties to this Agreement shall consult periodically in
order to review the operation and application of this
Agreement so as to assure that, with the passage of time and
changes in circumstances, the objectives of this Agreement
may be effectively maintained.
(2)In order to assist in the carrying out of functions referred
to in the Appendix to this Agreement, the Parties shall
identify and ensure effective communication between the
copyright information centers established by the Parties or
by rights holders or users represented by the Parties.
Article 21
This Agreement becomes effective on the date of the final
signature hereafter and shall be valid until terminated by one
Party upon notification to the other Party in writing at least
six (6) months before the termination is to take effect.
Article 22
In witness thereof the Parties hereto have hereby set their
hands by their duly authorized representatives and have caused
this Agreement to be signed and effective the date of the last
signature hereafter.

For:Coordination Council for North
American
NAME:[Signed]Mou-Shin Ding
TITLE:Representative, CCNAA
DATE:July 16, 1993

For:American Institute in Taiwan
Affairs
NAME:[Signed]Natale H. Bellocchi
TITLE:Chairman,AIT
DATE:July 16, 1993

APPENDIX
Article I
(1)To ensure an effective introduction of translation rights in
the territory represented by the CCNAA, the AIT agrees that
for a transitional period lasting until January 1, 2005 the
authorities of the territory represented by the CCNAA may, so
far as works published in printed or analogous forms of
reproduction are concerned, substitute for the exclusive
right of translation provided for in Article 6 of the
Agreement for the Protection of Copyright Between the
Coordination Council for North American Affairs and the
American Institute in Taiwan (the Agreement) a system of
non-exclusive and non-transferable licenses granted by the
competent authority following notice of the commencement of a
proceeding to the author or copyright owner under the
following conditions.
(2)A license under this Appendix may be granted only if the
applicant, in accordance with the procedure of the territory
represented by CCNAA, establishes either that he has
requested, and has been denied, authorization by the owner of
the right 10 make and publish the translation or that, after
due diligence on his part, he was unable to find the owner of
the right. At the same time as making the request, the
applicant shall inform any information center referred to in
paragraph(3).
(3)If the owner of the right cannot be found, the applicant for
a license shall send, by registered airmail, copies of his
application, submitted to the authority competent to grant
the license, to the publisher whose name appears on the work
and to any information center which may have been designated
by the Parties to this Agreement.
(4)The name of the author shall be indicated on all copies of
the translation published under a licence granted under this
Appendix. The original title of the work shall appear on all
the said copies.
(5)No license granted under this Appendix shall extend to the
export of copies, and any such license shall be valid only
for publication of the translation in the territory
represented by CCNAA.
(6)All copies published under a license granted by virtue of
this Appendix shall bear a notice in the Chinese language
stating that the copies are available for distribution only
in the territory represented by CCNAA.
(7)The CCNAA shall ensure:
(a)That a license shall be granted only following a
proceeding before the designated authority at which the
author or copyright owner or his designated
representative:
(i)has the right to appear with the assiatance of counsel:
(ii)may introduce evidence and examine applicants for
licenses; and,
(iii)has the right to a prompt appeal from the
determination to grant a license.
(b)That the license provides, in favor of the owner of the
right of translation, for just compensation that is
consistent with standards of royalties normally operating
on licenses freely negotiated between persons in the two
territories concerned, and
(c)Payment and transmittal of the compensation; should
national currency regulations intervene, the Parties to
this Agreement shall make all efforts to ensure
transmittal in convertible currency or its equivalent.
(d)That prompt and effective procedures are established to
enforce the termination of a license granted under this
facility where:
(i)the license has violated the terms of the license
established by the competent authority, including the
terms of this Appendix; or
(ii)where the circumstances set out in Article II (4) and
(5) of this Appendix arise.
Article II
(1)(a)In the case of teaching, scholarship or research after the
expiration of a period of one year commencing on the date
of the first publication of the work, any protected person
of the territory represented by CCNAA may apply for a
license to make a translation of such work into Chinese
and publish the translation in printed or an analogous
form of reproduction, provided that the work has not been
published in Chinese anywhere in the world except the
China mainland within that one year period by the owner of
the right of translation or with his authorization.
(b)A license under the conditions provided in this Appendix
may also the granted if all the editions of the
translation published anywhere in the world except the
China mainland are out of print.
(2)(a)No license obtainable after one year shall be granted
under this Article until a further period of nine months
has elapsed
(i)from the date on which the applicant complies with the
requirements of Article I (2) of this Appendix.
(ii)Where the identity or the address of the owner of the
right of translation is unknown, from the date on
which the applicant sends, as provided for in Article
I (3) of this Appendix, copies of his application
submitted to the authority competent to grant the
license.
(b)If, during the said period of nine months, a translation
in the language in respect of which the application was
made is published by the owner of the right of translation
or with his authorization, no license under this Article
shall be granted.
(3)Any license under this Article shall be granted only for the
purpose of teaching, scholarship or research.
(4)If a translation of a work is published by the owner of the
right of translation or with his authorization at a price
reasonably related to that normally charged in the territory
represented by the CCNAA for comparable works, any license
granted under this Article before such publication shall
terminate if such translation is in Chinese and with
substantially the same content as the translation published
under the license.
(5)No license shall be granted or maintained under this Article
when the author has withdrawn from circulation all copies of
his work.
(6)In the event that any license granted under this Appendix is
terminated in accordance with the procedure contemplated in
paragraph (7) (d) of Article I of this Appendix or in
circumstances described in paragraphs (4) and (5) of this
Article II, all copies already made on or before the date on
which the license terminates may continue to be distributed
until their stock is exhausted.
(7)(a)A license to make a translation of a work which has been
published in printed or analogous forms of reproduction may
also be granted to any broadcasting organization having its
headquarters in the territory represented by CCNAA, upon an
application made to the competent authority of that territory
by the said organization, provided that all of the following
conditions are met:
(i)the translation is made from a copy made and acquired
in accordance with the laws of the said territory;
(ii)the translation is only for use in broadcasts intended
exclusively for teaching or for the dissemination of
the results of specialized technical or scientific
research to experts in a particular profession;
(iii)the translation is used exclusively for the purposes
referred to in condition (ii) through broadcasts made
lawfully and intended for recipients on the said
territory, including broadcasts made through the
medium of sound or visual recordings lawfully and
exclusively made for the purpose of such broadcasts;
(iv)all uses made of the translation are without any
commercial purpose.
(b)Sound or visual recordings of a translation which was made
by a broadcasting organization under a license granted by
virtue of this paragraph may, for the purposes and subject
to the conditions referred to in subparagraph (a) and with
the agreement of that organization, also be used by any
other broadcasting organization having its headquarters in
the territory whose competent authority granted the
license in question.
(c)Provided that all of the criteria and conditions set out
in subparagraph (a) are met, a license may also be granted
to a broadcasting organization to translate any text
incorporated in an audio-visual fixation where such
fixation was itself prepared and published for the sole
purpose of being used in connection with systematic
instructional activities.
(d)Subject to subparagraphs (a) to (c), the provisions of the
preceding paragraphs shall apply to the grant and exercise
of any license granted under this paragraph.

MINUTE

On July 16, 1993,in Washington,D.C., the duly authorized
representives of the American Institute In Taiwan and the
Coordination Council For North American Affairs signed the
"AGREEMENT FOR THE PROTECTION OF COPYRIGHTS BETWEEN THE
COORDINATION COUNCIL FOR NORTH AMERICAN AFFAIRS AND THE AMERICAN
INSTTUTE IN TAIWAN."the text of that Agreement is in the English
and Chinese language in duplicate copies,both texts being
equally authentic.

[Signed] [Signed]