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Chapter V Procedures concerning protecting copyright
Article 19
Where an organization or juridical person engages in a purchase, grant, or commission related to culture and the arts, it should, in line with its goals, make an estimation of what copyrights, usage needs, and usage methods may arise concerning the results.
Article 20
Where an organization or juridical person has the need to make use of the results of a purchase, grant, or commission related to culture and the arts, and in line with the aforementioned estimate, it shall ensure that the text of the agreement or related documentation indicates the sort of copyright and what content may be associated with the results. It shall also expressly state the need for use or the methods. Where this relates to the content of licensed copyrights, this shall be made public along with the agreement and made to appear in the regulations, directions, or other documents concerning grants and commission.
Article 21
Where the results of an organization or juridical person’s purchase, grant, or commission related to culture and the arts and there has been agreement made whereby the organization or juridical person is the author or has obtained the economic rights, it shall register this in accordance with the National Property Act 、 local government regulations on public property management regulations or other relevant regulations or make other arrangements for suitable property management.
Article 22
Where an organization or juridical person is engaged in the purchase, grants, or commission related to culture and the arts, it must be within the purview of that body’s scope of operations. The body involved shall ensure that culture and arts workers, enterprises, or person/organization undertaking a commission have not infringed upon a third party’s copyright. The organization or juridical person shall also obtain an affidavit from the culture and arts worker, enterprise, or person/organization undertaking a commission to the effect that the copyrights of a third party have not been infringed upon in carrying out the commission.
Where the organizer or juridical person has evidence to show that the results of the purchase, grant, or commission related to culture and the arts has infringed upon copyright, it shall stop using these results and inform the culture and arts worker, enterprise, or person/organization undertaking a commission to explain itself and give a deadline for revisions. The organization or juridical person may, depending on the severity of the situation, rescind, halt the agreement and revoke or cancel the grant, revoke qualified status, or otherwise enact necessary punishment in line with related laws and regulations.