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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 03:30
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Chapter Law Content

Chapter I General Principles
Article 1
These Regulations are established in line with Paragraph 2 of Article 14 of the Culture and the Arts Reward and Promotion Act.
Article 2
When government agencies, public schools, and publicly run businesses (hereafter “organizations”), and juridical persons engaged in donations from the government, or administrative institutions(hereafter “juridical persons”) make purchases from or grant funding or commissions to culture and arts enterprises, they are to ensure that the rights of culture and arts workers and enterprises are respected. For this, these Regulations shall apply except where other specific rules apply.
Article 3
Definitions
1.Purchases related to culture and the arts: Where an organization or juridical person engages in the purchase of goods or labor in accordance with Paragraph 1 of Article 3 of the Regulations for Cultural and Arts Procurement.
2.Grants related to culture and the arts: Where an organization or juridical person engages in making grants, giving support, making donations, or otherwise expending funds to support the creations or development of, or to promote, culture and arts workers or enterprises.
3.Commissions related to culture and the arts: Where an organization or juridical person makes a public and open call for submissions targeting culture and the arts and where awards are based on an evaluation against a set standard or set of conditions.
Article 4
An organization or juridical person engaged in purchases, grants, or commissions related to culture and the arts handled by an organization shall protect authors’ moral rights.
Where the results of the purchase, grant, or commission related to culture and the arts handled by an organization or juridical person have not yet been made public, the organization or juridical person may, depending on the nature of each case, determine an appropriate method and scope for making the content public.
For the results of purchases, grants, or commissions related to the arts handled by an organization or juridical person, except where the work is unsigned, the author’s name or appellation should appear. The following exceptions apply:
1. Where it is agreed that an appropriate abbreviation for the author’s name or appellation should be used.
2. Where the purpose and method are in line with the author's interests, where display is difficult, or where display deviates from commonly accepted practice, the author's name or appellation may be omitted.
The organization or juridical person engaged in purchases, grants, or commissions related to culture and the arts shall respect the copyright held by the author in line with the provisions of Article 17 of the Copyright Act.
Article 5
Where the results of a purchase, grant, or commission related to culture and the arts handled by an organization or juridical person results in economic rights, giving due consideration to the goals of the project, the content of the results, and the possible need for and methods of using the results, reasonable and necessary economic rights or licensing shall be exercised over the content.
Organizations or juridical persons engaged in purchases, grants, or commissions related to culture and the arts are to ensure the economic rights of cultural and arts workers, enterprises, and commissioned parties and ensure that results do not impinge upon any copyright or other right of a third party.
Where the results have utilized a third party’s works or other right, the organization or juridical person shall require that the culture or arts worker, enterprise, or commissioned party provide proof of having been granted the right to use or otherwise licensed to use the third party’s right, and that said license conform to the needs of the organization or juridical person or of the terms attached to the commission.
Article 6
Where it has been agreed that the copyright over results of a purchase, grant, or commission related to culture and the arts by an organization or juridical person shall belong to said organization or juridical person, or where full or partial the economic rights or where the license to use the economic rights has been granted to said organization or juridical person, a reasonable consideration, payment, or royalty for the copyright shall be paid to the cultural and arts worker, enterprise, or commissioned party.
Article 7
Any grant of a copyright connected to the results of an organization or juridical person’s purchase, grant, or commissions related to culture and the arts must be provided in writing.
Where there are doubts concerning the aforementioned grant, an interpretation shall be made that benefits the cultural and arts worker, enterprise, or entrant.
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