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Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter III Authors and Copyright
Section 4 Economic Rights
Subsection 4 Limitations on Economic Rights
Article 44
Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or administration; provided, this shall not apply where such reproduction would prejudice the interests of the economic rights holder due to the type and use of the work and the volume and method of reproduction.
Article 45
Within a reasonable scope, and for the sole purpose of use necessary to judicial proceedings, the works of another person may be reproduced.
The proviso of the preceding article shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.
Article 46
Within the scope necessary for the purposes of teaching of courses by schools, all levels of legally established schools and their teachers may reproduce, publicly perform and publicly present the works of another person which have already been publicly released.
Under the circumstances in the preceding paragraph, the works of another person that have already been publicly released may be publicly broadcast or publicly transmitted, if reasonable technical measures have been adopted to prevent access by persons who have not registered in the school or have not enrolled in the course.
The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the preceding two paragraphs.
Article 46-1
Within the scope necessary for the purposes of education, all levels of legally established schools or educational institutions and their teachers may publicly broadcast or publicly transmit the works of another person that have been publicly released; provided, this shall not apply if there is profit-seeking activity.
In the circumstances set forth in the preceding paragraph, the exploiter shall notify the economic rights holder of the circumstances of the exploitation and pay equitable remuneration for use.
Article 47
For the purpose of preparing textbooks required by law or regulation to be examined or compiled, the preparer may reproduce, adapt, or compile works that have been publicly released, and may publicly transmit those textbooks.
The provisions of the preceding paragraph, except for public transmission, shall apply mutatis mutandis to the preparation, by the preparers of those textbooks, of supplementary teaching aids that are ancillary to those textbooks and furthermore are exclusively provided to teachers for teaching purposes.
In the circumstances set forth in the preceding two paragraphs, the person exploiting the work shall notify the economic rights holder of the circumstances of the exploitation and pay compensation for use. The rate of compensation for such use shall be set by the competent authority.
Article 48
Libraries, museums, history museums, science museums, art museums, file archives, and other archive institutions open to the public may reproduce works in their collections in any of the following circumstances:
1. Where a patron, for personal research purposes, requests reproduction of a part of a work that has been publicly released, or of a single article from a periodical or from a seminar paper that has been publicly released, and within the limit of one copy per person; provided, this may not be provided as a digital copy.
2. Where preservation of the material is necessary, for purposes of avoiding loss or damage, or where common technology is not available for reading the storage format of the material, and it cannot be obtained through reasonable acquisition on the market.
3. Where works are out of print or difficult to purchase, and have been requested by another similar institution.
4. Where needed for restoration of works during the period of lawful licensing of a digital collection.
The National Central Library, for purposes of promoting national cultural development, may digitally reproduce the following works:
1. Works in the collection to be provided in lieu of the original collection for in-library access to prevent loss, damage, or defacement of the original collection; provided, this shall not apply to works already available on the market in digital form.
2. Materials provided to the public over networks by a central or local government agency or a non-departmental public body.
Works reproduced pursuant to subparagraphs 2 to 4 of paragraph 1 and to subparagraph 1 of the preceding paragraph, subject to compliance with all the subparagraphs below, or works reproduced pursuant to subparagraph 2 of the preceding paragraph, subject to compliance with subparagraph 2 below, may be publicly transmitted for perusal within the institution:
1. The quantity of the same work that may be made available for perusal by users within the institution at the same time does not exceed the quantity of that work currently held in that institution's collection.
2. The computers or other display equipment made available for purposes of perusal within the institution do not enable users to perform reproduction or transmission.
Works reproduced by the National Central Library pursuant to subparagraph 1 of paragraph 2 may not be exploited for any purpose other than as provided in the preceding paragraph.
Article 48-1
Central or local government agencies, educational agencies that have been established by law, or libraries open to the public may reproduce abstracts appended to the following works where such works have been publicly released:
1.Masters theses or doctoral dissertations written under the "Degree Conferral Act," where the author has obtained a degree.
2.Academic papers published in periodicals.
3.Research reports or collections of seminar papers that have been publicly released.
Article 49
When reporting current events by means of broadcasting, photography, film, newspaper, network, or otherwise, works that are seen or heard in the course of the report may be exploited within the scope necessary to the report.
Article 50
Works publicly released in the name of a central or local government agency or a public juristic person may, within a reasonable scope, be reproduced, publicly broadcast, or publicly transmitted.
Article 51
Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has been publicly released may be reproduced by a machine that is either located in a library or is not provided for public use.
Article 52
Within a reasonable scope, works that have been publicly released may be quoted where necessary for reports, comment, teaching, research, or other legitimate purposes.
Article 53
For the purpose of exclusive use by the visually impaired, learning disabled, hearing impaired or other persons with a perceptual disability, works that have been publicly released may be exploited by local or central government agencies, non-profit organizations and all levels of legally established schools, by means of translation, Braille, sound-recording, digital transformation, verbal imagery, accompanying sign language or otherwise.
The preceding paragraph shall be applied mutatis mutandis to the disabled persons or their guardians referred to in the preceding paragraph for personal and nonprofit use by the disabled.
The copies reproduced in accordance with the preceding two paragraphs may be distributed or publicly transmitted among the disabled persons, local or central government agencies, non-profit organizations and all levels of legally established schools as prescribed in the preceding two paragraphs.
Article 54
Works that have been publicly released may be reproduced for use in examination questions on all kinds of examinations held by central or local government agencies and all levels of schools or educational institutions established in accordance with law; provided, this shall not apply to works that have been publicly released as examination questions.
Article 55
The work of another person that has been publicly released may be publicly recited, publicly broadcast, publicly presented, or publicly performed in the course of an activity of non-profit nature, provided that no fee is directly or indirectly collected from the viewers or listeners, and no compensation is given to the performers.
Article 56
For the purposes of public broadcasting, a radio or television broadcasting organization may, with its own equipment, sound record or video record a work; provided, this shall be limited to situations where the public broadcasting has been licensed by the economic rights holder, or situations otherwise comporting with the provisions of this Act.
Except where preservation of the recording referred to in the preceding paragraph has been approved for a designated place by the specialized agency in charge of copyright matters, such sound or video recordings shall be destroyed within six months from the time of recording.
Article 56-1
For the purpose of enhancing receiving effect, a community antenna installed in accordance with law may simultaneously rebroadcast works broadcast by wireless television stations established in accordance with law; the form and content of such broadcasts shall not be changed.
Article 57
The owner of the original legal copy of an artistic work or photographic work, or a person authorized by the owner, may publicly display such original or legal copy of the work.
The public displayer referred to in the preceding paragraph may reproduce the work in a descriptive writing in order to provide viewers with an explanation or introduction.
Article 58
Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
1.Reproduction of a building by construction of another building.
2.Reproduction of a work of sculpture by production of another sculpture.
3.Reproduction for the purpose of long-term public display in locales specified in this article.
4.Reproduction of artistic works solely for the purpose of selling copies.
Article 59
The owner of a legal copy of a computer program may alter the program where necessary for utilization on a machine used by such owner, or may reproduce the program as necessary for backup; provided, this is limited to the owner's personal use.
If the owner referred to in the preceding paragraph loses ownership of the original copy for any reason other than the destruction or loss of the copy, all altered and backup copies shall be destroyed unless the economic rights holder grants its consent otherwise.
Article 59-1
A person who has obtained ownership of the original of a work or a lawful copy thereof within the territory under the jurisdiction of the Republic of China may distribute it by means of transfer of ownership.
Article 60
Owners of originals of works and lawful copies of works may rent such original works or copies; provided, this shall not apply to sound recordings and computer programs.
The proviso of the preceding paragraph shall not apply to copies of computer programs incorporated in products, machinery, or equipment to be legally rented, where such copies do not constitute the essential object of such rental.
Article 61
Commentary on current political, economic, or social events that has appeared in a newspaper, magazine, or network may be republished by other newspapers or magazines, or be publicly broadcast by radio or television, or publicly transmitted on a network; provided, this shall not apply where there is indication that republishing, public broadcast, or public transmission is not authorized.
Article 62
Public speeches on politics or religion, and public statements made in legal proceedings or during proceedings of central or local government agencies, may be exploited by any person; provided, consent of the economic rights holder shall be obtained when compiling a compilation work that is dedicated to the speeches or statements of specified persons.
Article 63
Persons that may exploit the work of another person in accordance with the provisions of Article 44, Article 45, subparagraph one of Article 48, Articles 48-1 through 50, Articles 52 through 55, Article 61, and Article 62 may translate such work.
Persons that may exploit the work of another person in accordance with the provisions of Articles 46 and 51 may adapt such work.
Persons that may exploit the work of another person in accordance with the provisions of Articles 46 through 50, Articles 52 through 54, paragraph 2 of Article 57, Article 58, Article 61, and Article 62 may distribute such work.
Article 64
A person who exploits the work of another person pursuant to the provisions of Articles 44 through 47, Articles 48-1 through 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 through 63 shall provide a clear indication of the source of the work.
The "clear indication of the source" referred to in the preceding paragraph shall indicate the name or appellation of the author in a reasonable manner, except where the work is anonymous or the author is not known.
Article 65
Fair use of a work shall not constitute infringement on economic rights in the work.
In determining whether the exploitation of a work complies with the reasonable scope referred to in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination:
1.The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.
2.The nature of the work.
3.The amount and substantiality of the portion exploited in relation to the work as a whole.
4.Effect of the exploitation on the work's current and potential market value.
Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph.
In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters.
Article 66
The provisions of Articles 44 through 63 and Article 65 shall not affect the author's moral rights.