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Chapter IV Protecting copyright for culture and arts related commissions
Article 15
Where an organization or juridical person has the need to use the results of a commission related to culture and the arts, it should, in principle, obtain the economic rights or a nonexclusive license. Where there is a need for exclusive or special use, and where the conditions for the commission clearly state that the organization, juridical person, or other licensee’s use of commissioned content shall be exclusionary, agreements concerning the use of commission results shall show the organization or the juridical person as partial or full economic rights holder or grant it exclusive license.
Where an organization or juridical person desires to create an agreement concerning the economic rights for the results of a commission, the agreement must clearly state the commission activity rules or related information. The organization or juridical person may cancel an award or qualification of the organization or person contracted for a commission or exclude his/her participation where such information is not clearly stated and may not permit participation where the person/organization later presents such a request.
Article 16
Where, in accordance with the previous Article, an organization or juridical person determines both a for-profit and non-profit uses for the results of a commission, agreements that involve a for-profit motive shall enjoy a higher award, compensation, or rights fee.
Where an organization or juridical person needs to sublicense the results of a commission for a for-profit purpose, or where there is a need to retain the selected or awarded person, a reasonable consideration should be included in the award, compensation, or rights fee for the activity.
Article 17
An organization or juridical person shall deem the participating individual or actual creator as the author of the results of a commission.
Article 18
To safeguard the copyright of art and culture commission in agreements, in addition to the regulations in this Chapter, the regulations of Paragraph 2 of Article 8 and Article 10 shall also apply.