| Copyright Act Article 117May 1, 2019 |
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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 on May 5, 2006 took effect from July 1, 2006. |
| Copyright Act Article 106-1May 1, 2019 |
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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). Details > |
| Copyright Act Article 106-2May 1, 2019 |
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. Details > |
| Copyright Act Article 106-3May 1, 2019 |
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. Details > |
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