Goto Main Content
:::

Chapter Law Content

Title: COPYRIGHT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter III Authors and Copyright
Section 3 Moral Rights
Article 15
The author of a work shall enjoy the right to publicly release the work; provided, this shall not apply to a civil servant where, pursuant to the provisions of Article 11 or 12, such person is the author while the juristic person employing such author enjoys the economic rights to the work.
In the following circumstances the author shall be presumed to have consented to the public release of the work:
1.Where, prior to publicly releasing its work, the author has transferred, or licensed to exploit, the economic rights to the work, and the work is publicly released as a consequence of the exercise or exploitation of the economic rights.
2.Where, prior to the public release of a artistic work or a photographic work, the author transfers the original or a copy of such work to another party and the transferee publicly displays the original or copy of the work.
3.Where the work is a Masters thesis or doctoral dissertation written under the "Degree Conferral Act" and the author has obtained a degree.
Where, in accordance with the provisions of paragraph 2 of Article 11 or paragraph 2 of Article 12, an employer or a commissioning party, ab initio, obtained economic rights to a work that has never been publicly released, and where such work is publicly released in conjunction with the transfer, exercise, or exploitation of the economic rights of such work, the author shall be deemed to have consented to the public release of the work.
The provisions of the preceding paragraph shall apply mutatis mutandis to paragraph 3 of Article 12.
Article 16
The author of a work shall have the right to indicate its name, a pseudonym, or no name on the original or copies of the work, or when the work is publicly released. The author has the same right to a derivative work based on its work.
The proviso in the first paragraph of the preceding article shall apply mutatis mutandis to the preceding paragraph.
The person exploiting a work may use its own cover design and may add the name or appellation of the designer or editor-in-chief; provided this shall not apply where the author has specifically indicated to the contrary, or where the addition would deviate from commonly accepted practices.
Where the purpose and method of exploitation neither present any likelihood of harm to the author's interests nor deviate from commonly accepted practices, the author's name or appellation may be omitted.
Article 17
The author has the right to prohibit others from distorting, mutilating, modifying, or otherwise changing the content, form, or name of the work, thereby damaging the author's reputation.
Article 18
The protection of moral rights of an author who has died or been extinguished shall be deemed to be the same as when the author was living or in existence and shall not be infringed upon by any person; provided, the act shall not constitute an infringement where it can be considered that the author's intent has not been contravened given the nature and degree of the act of exploitation, social changes, or other circumstances.
Article 19
Moral rights in a joint work may not be exercised without the consent of all the joint authors. A joint author shall not refuse consent without a legitimate reason.
Authors of a joint work may select an author from among the joint authors to be their representative for the purpose of exercising moral rights.
Limitations imposed on the representative powers of the representative referred to in the preceding paragraph shall not be effective against a third party acting in good faith.
Article 20
The original of a work that has not been publicly released and the economic rights therein shall not be the object of compulsory execution unless they are the object of a trade or the principal has given its consent.
Article 21
Moral rights belong exclusively to the author and shall not be transferred or succeeded.