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Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter VIII Supplementary Provisions
Article 105
Persons who apply under this Act for a compulsory license, recordation of plate rights, recordation of assignment of plate rights, recordation of trust of plate rights, dispute mediation, inspection of the register of plate rights, or issuance of a transcript thereof, shall pay a filing fee.
The amount of the fee referred to in the preceding paragraph shall be prescribed by the competent authority.
Article 106
Except as otherwise provided for in this Chapter, this Act shall apply to works that were completed prior to the implementation date of the June 10, 1992 amendment to this Act where such works comply with any one of the provisions of Articles 106 through 109 of the Act prior to the January 21, 1998 Copyright Act taking effect.
This Act shall apply to works that were completed after the implementation date of the June 10, 1992 amendment to this Act.
Article 106-1
Except as otherwise provided under in this Chapter, this Act shall apply to works that were completed prior to the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China where such works did not enjoy copyright under the provisions of the respective versions of this Act but where the term of protection for economic rights has not expired in accordance with this Act; provided, this shall not apply to works of foreign nationals for which the term of protection has expired in their country of origin.
The term "country of origin" as used in the proviso of the preceding paragraph shall have the meaning ascribed to the term in Article 5 of the Berne Convention for the Protection of Literary and Artistic Works (Paris Act 1971).
Article 106-2
Except as otherwise provided for in this Chapter, a person who began the exploitation of works protected pursuant to the provisions of the preceding article prior to the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, or who made significant investment toward the purpose of such exploitation, may continue to exploit such works during the two-year period which commences on the aforementioned effective date of said Agreement, and the provisions of Chapter VI and Chapter VII of this Act shall not apply.
From the implementation of the June 6, 2003 amendment to this Act, the person exploiting a work pursuant to the preceding paragraph, except in circumstances of rental or lending, shall pay to the economic rights holder of the exploited work a reasonable compensation for the exploitation such as would normally be paid for such work through free negotiation.
From one year after the date of promulgation of the amendment to this Act, an exploiter shall not further sell unauthorized copies of works protected under the preceding article; provided, it may still rent or lend them.
The preceding paragraph does not apply to copies of works that are separately created through exploitation of works protected under the preceding article; provided that, except as set forth in Articles 44 to 65, the economic rights holder of the exploited work shall be paid a reasonable compensation for the exploitation such as would normally be paid for such work through free negotiation.
Article 106-3
Exploitation of a derivative work may continue beyond the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, where the preexisting work upon which such derivative work is derived is a work under Article 106-1, where the completion of the derivative work occurred prior to the aforementioned effective date, and where such derivative work was protected under respective versions of this act; the provisions of Chapter VI and Chapter VII of this Act shall not apply.
From the implementation of the June 6, 2003 amendment to this Act, the person exploiting the derivative work pursuant to the preceding paragraph shall pay to the economic rights holder of the underlying work a reasonable compensation such as would normally be paid for such work through free negotiation.
The provisions of the preceding two paragraphs shall not affect the protection of the derivative work.
Article 107
(deleted)
Article 108
(deleted)
Article 109
(deleted)
Article 110
The provisions of Article 13 shall not apply to works completed and registered prior to the implementation date of the June 10, 1992 amendment to this Act.
Article 111
The provisions of Article 11 and Article 12 shall not apply in the following situations:
1.The copyright was obtained pursuant to the provisions of Article 10 or 11 of this Act prior to the implementation date of the June 10, 1992 amendment to this Act.
2.The copyright was obtained pursuant to Article 11 or 12 of this Act prior to the January 21, 1998 Copyright Act taking effect.
Article 112
Where the works of foreign nationals enjoyed protection of translation rights pursuant to this Act prior to the implementation date of the June 10, 1992 amendment hereto, translations of such works made prior to said implementation date shall no longer be reproduced after said implementation date without the consent of the holder of the copyright to such works, unless such exploitation is in conformity with Articles 44 through Article 65 of this Act.
Copies of translations of works referred to in the preceding paragraph shall no longer be sold after the expiration of the two-year period following the implementation date of the June 10, 1992 amendment to this Act.
Article 113
This Act shall apply to plate rights that were obtained prior to the implementation date of the June 6, 2003 amendment to this Act; provided, the term of protection calculated pursuant to this Act has not expired.
Article 114
(deleted)
Article 115
Agreements for reciprocal copyright protection signed by organizations and agencies of this country and those of a foreign country shall, upon ratification by the Executive Yuan, be deemed "agreements" as that term is used in Article 4.
Article 115-1
The plate rights register or recordation log, and samples submitted, shall be made available to the public for inspection and copying.
Any copyright register or recordation log that has been registered and recorded prior to the implementation date of the January 21, 1998 amendment to this Act, and any sample thereof that has been submitted, may be made available to the public for inspection and copying.
Article 115-2
For the purpose of handling copyright litigation, courts may establish a specialized court or appoint specialized judges.
The courts shall deliver to the specialized agency in charge of copyright matters a copy of decisions in copyright litigation cases.
Article 116
(deleted)
Article 117
This Act shall take effect from the date of promulgation, provided that the provisions of Articles 106-1 through 106-3 amended and promulgated on January 21, 1998 took effect from the date upon which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, and the provisions amended and promulgated on May 5, 2006 took effect from July 1, 2006, and the provisions amended on April 15, 2022 will take affect from a date to be prescribed by the Executive Yuan.