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Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter VI-1 Limitations on Liability for Internet Service Providers
Article 90-4
An Internet service provider shall be entitled to the application of Article 90-5 to Article 90-8 regarding the limitation on liability only if the service provider—
1. by contract, electronic transmission, automatic detective system or other means, informs users of its copyright or plate right protection policy, and takes concrete action to implement it; and
2. by contract, electronic transmission, automatic detective system or other means, informs users that in the event of repeat alleged infringements up to three times the service provider shall terminate the service in whole or in part; and
3. publicly announces information regarding its contact window for receipt of notification documents.
4. accommodate and implement the technical measure described in paragraph 3.
A connection service provider that, after receiving notification by a copyright holder or plate rights holder of alleged infringement by a user, has forwarded the notification to that particular user by electronic mail is deemed to have met the requirement in the preceding paragraph, subparagraph 1.
If a copyright holder or plate rights holder has provided technical measures which have been developed based on a broad consensus and are used to identify or protect copyrighted or plate-righted works, the Internet service provider shall accommodate and implement the measures if the technical measures has been ratified by the competent authority.
Article 90-5
A connection service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if—
1. the transmission of the information was initiated by or at the request of the user; and
2. the transmission, routing, provision of connections, or storage is carried out through an automatic technical process, without any selection of the material or modification of its content by the connection service provider.
Article 90-6
A caching service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if—
1.the service provider does not make any modification to the cached information;
2.when the person who made the original information available subsequently update, deletes, or blocks access to it, the cached information is done in the same way as a result of an automatic technical process; and
3.the service provider responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider.
Article 90-7
An information storage service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if the service provider—
1.does not have knowledge of the allegedly infringing activity of the user;
2.does not receive a financial benefit directly attributable to the infringing activity of the user; and
3.responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider.
Article 90-8
A search service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if the service provider—
1.does not have knowledge that the searched or linked information may be infringing;
2.does not receive a financial benefit directly attributable to the infringing activity of the user; and
3.responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider.
Article 90-9
An information storage service provider shall forward notice to the allegedly infringing user of any measures taken under Article 90-7, subparagraph 3, by the contact method stipulated between the service provider and the user or by the contact information left by the user. However, this requirement shall not apply if the nature of the service provided makes such notice impossible.
If a user referred to in the preceding paragraph believes that the materials were not involved in infringement, the user may submit counter notification documents to the information storage service provider with a request to restore the removed content or related information or restore the access to it.
Upon receipt of a counter notification described in the preceding paragraph, an information storage service provider shall expeditiously forward such documents to the copyright holder or plate rights holder.
If, within 10 business days since one day after the date of receiving counter notification from the information storage service provider as described in the preceding paragraph, the copyright holder or plate rights holder provides the information storage service provider with evidence regarding filing civil or criminal litigation against the user, the information storage service provider shall not bear any obligation to restore the content or related information.
If the copyright holder or plate rights holder fails to provide evidence on filing litigation in accordance with the preceding paragraph, the information storage service provider shall, within no more than 14 business days since one day after the date of forwarding the counter-notification documents, restore the removed content or related information or restore the access to it. However, if restoration is impossible, the service provider shall notify the user in advance, or provide another appropriate method by which the user may restore it.
Article 90-10
An Internet service provider shall not be liable for damages to the allegedly infringing user if the service provider—
1.removes, or disables access to, the allegedly infringing content or related information in accordance with Articles 90-6 to 90-8; or
2.upon obtaining knowledge of suspected infringement by the user, acts in good faith belief to remove, or disable access to, the allegedly infringing content or related information.
Article 90-11
A person who misrepresents an Internet service provider with a notification or counter notification out of intention or negligence shall be liable for damages for any injury incurred on the user, copyright holder, plate right holder or Internet Service Provider.
Article 90-12
The information in connection with the public announcement of the contact window under Article 90-4, and the content of the notification and counter notification, required particulars, supplementation or correction, and other requisite matters under Articles 90-6 through 90-9 shall be prescribe by the competent authority.