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Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter VII Penal Provisions
Article 91
A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto a fine not more than seven hundred and fifty thousand New Taiwan Dollars.
A person who infringes on the economic rights of another person by means of reproducing the work without authorization with the intent to sell or rent shall be imprisoned not less than six months and not more than five years, and in addition thereto, may be fined not less than two hundred thousand and not more than two million New Taiwan Dollars.
A work only for personal reference or fair use of a work does not constitute infringement of copyright.
Article 91-1
A person who infringes on the economic rights of another person by distributing the original of a work or a copy thereof by transfer of ownership without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto, a fine not more than five hundred thousand New Taiwan Dollars.
A person who distributes or with intent to distribute publicly displays or possesses a copy knowing that it infringes on economic rights shall be imprisoned not more than three years and, in addition thereto, may be fined not less than seventy thousand and not more than seven hundred and fifty thousand New Taiwan Dollars.
Punishment of an offense in the preceding paragraph may be reduced if the offender confesses the source of the goods, resulting in the uncovering thereof.
Article 92
A person who infringes on the economic rights of another person without authorization by means of public recitation, public broadcast, public presentation, public performance, public transmission, public display, adaptation, compilation, or leasing, shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto a fine not more than seven hundred and fifty thousand New Taiwan Dollars.
Article 93
In any of the following circumstances, a sentence of up to two years imprisonment or detention shall be imposed, or in lieu thereof or in addition thereto, a fine of not more than five hundred thousand New Taiwan Dollars:
1.Infringement of the author's moral rights as set forth in the provisions of articles 15 through 17.
2.Violations of the provisions of Article 70.
3.Infringement of another person's copyright by any of the means specified in paragraph 1, subparagraphs 1, 3, 5, or 6 of Article 87, provided this shall not apply to offenses as referred to in paragraph 2 or paragraph 3 of Article 91-1.
4.Violations of subparagraphs 7 or 8 of paragraph 1 of Article 87.
Article 94
(deleted)
Article 95
A person who violates any provision of Article 112 shall be punished by imprisonment for not more than one year, detention, or, in lieu thereof or in addition thereto, a fine of not less than twenty thousand and not more than two hundred and fifty thousand New Taiwan Dollars.
Article 96
A fine of up to fifty thousand New Taiwan Dollars shall be imposed for violations of the provisions of the second paragraph of Article 59 or the provisions of Article 64.
Article 96-1
In any of the following circumstances a sentence of up to one year imprisonment or detention shall be imposed, or in lieu thereof or in addition thereto, a fine of not less than twenty thousand and not more than two hundred and fifty thousand New Taiwan Dollars:
1.Violation of Article 80-1.
2.Violation of paragraph 2 of Article 80-2.
Article 96-2
If a fine is to be imposed pursuant to the provisions of this Chapter, the financial ability of the offender and the benefit he/she has obtained through commission of the offense shall be taken into account. If the benefit obtained exceeds the maximum fine, such fine may be increased within the limit of the obtained benefit.
Article 97
(deleted)
Article 97-1
When an enterprise, by means of public transmission, violates the provisions of Article 91, Article 92, or Article 93, subparagraph 4 and is convicted by a court, it shall immediately cease such activities. If the enterprise does not cease those activities, then following the convening by the competent authority of a group of specialists, academicians, and related enterprises who determine that the enterprise's activities constitute a serious infringement and that they materially affect the rights and interests of the economic rights holder, the competent authority shall prescribe a period of one month within which the enterprise shall take corrective action; where the enterprise fails to take corrective action within that period, the competent authority may order suspension or compulsory termination of the enterprise's business.
Article 98
(deleted)
Article 98-1
(deleted)
Article 99
Upon motion by the injured party or another party having the right to file a complaint, an infringer as set out in Articles 91 through Articles 93, Articles 95 may be ordered to publish all or part of the court judgment in a newspaper and bear the costs thereof.
Article 100
The offenses specified in this chapter are actionable only upon complaint; provided, this shall not apply in any of the following circumstances, when a work provided for payment has been exploited in its complete unaltered form, causing damage of one million New Taiwan Dollars or more to the economic rights holder:
1. Commission of an offense set forth in Article 91, paragraph 2, where the copy is in digital format.
2. Commission, with intent to profit, of an offense set forth in Article 91-1, paragraph 2 of distributing a copy knowing that it infringes economic rights, where the distributed copy is in digital format.
3. Commission of an offense set forth in Article 92 of infringing the economic rights of another person without authorization by means of public transmission.
Article 101
Where the representative of a juristic person, or the agent, employee, or other servant of a juristic or natural person commits any of the offenses specified in Articles 91 through Article 93, Article 95 through 96-1 in the performance of its duties, in addition to punishing the infringer in accordance with the aforesaid articles, such juristic or natural person shall also be fined in accordance with said articles.
In circumstances specified in the preceding paragraph, where a complaint against the infringer or the juristic or natural person is filed or withdrawn, the effect of such filing or withdrawal shall apply to the others.
Article 102
An unrecognized foreign juristic person may file a complaint or bring a private prosecution against the offenses specified in Articles 91 through Article 93, Article 95 through 96-1.
Article 103
Upon complaint or information of an infringement of a person's copyright or plate rights, judicial police officials or judicial police may seize the infringing articles in accordance with law and refer the matter for investigation.
Article 104
(deleted)