Laws Information

法規資訊
Title: Copyright Act
Am Date: 2014-01-22
Legislative History: Article 53, 65, 80-2, 87 and 87-1 amended and promulgated on 22 January 2014 by Presidential Order No. Hua-Zong-(1)-Yi-Zih 10300009931.

Transaction

Amendment

Article 53
For the purpose of exclusive use by the visually impaired, learning disabled, hearing impaired or other persons with a perceptual disability, works that have been publicly released may be exploited by local or central government agencies, non-profit organizations and all levels of legally established schools, by means of translation, Braille, sound-recording, digital transformation, verbal imagery, accompanying sign language or otherwise.
The preceding paragraph shall be applied mutatis mutandis to the disabled persons or their guardians referred to in the preceding paragraph for personal and nonprofit use by the disabled.
The copies reproduced in accordance with the preceding two paragraphs may be distributed or publicly transmitted among the disabled persons, local or central government agencies, non-profit organizations and all levels of legally established schools as prescribed in the preceding two paragraphs.

Article 65
Fair use of a work shall not constitute infringement on economic rights in the work.
In determining whether the exploitation of a work complies with the reasonable scope referred to in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination:
1. The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.
2. The nature of the work.
3. The amount and substantiality of the portion exploited in relation to the work as a whole.
4. Effect of the exploitation on the work’s current and potential market value.
Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph.
In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters.

Article 80-2
Technological protection measures employed by copyright owners to prohibit or restrict others from accessing works shall not, without legal authorization, be disarmed, destroyed, or by any other means circumvented.
Any equipment, device, component, technology or information for disarming, destroying, or circumventing technological protection measures shall not, without legal authorization, be manufactured, imported, offered to the public for use, or offered in services to the public.
The provisions of the preceding two paragraphs shall not apply in the following circumstances:
1. Where to preserve national security.
2. Where done by central or local government agencies.
3. Where done by file archive institutions, educational institutions, or public libraries to assess whether to obtain the information.
4. Where to protect minors.
5. Where to protect personal data.
6. Where to perform security testing of computers or networks.
7. Where to conduct encryption research.
8. Where to conduct reverse engineering.
9. Where to exploit works of others in accordance with the provisions of Articles 44 through 63 and Article 65.
10. Under other circumstances specified by the competent authority.
The content in the subparagraphs of the preceding paragraph shall be prescribed and periodically reviewed by the competent authority.

Article 87
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1. To exploit a work by means of infringing on the reputation of the author.
2. Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3. Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4. Import of the original or any copies of a work legally reproduced abroad without the authorization of the economic rights holder.
5. Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
6. Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
7. To provide to the public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.
A person who undertakes the actions set out in subparagraph 7 above shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites, or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Article 87-1
The provisions of subparagraph 4 of the preceding article do not apply under any of the following circumstances:
1. Where the original or copies of a work are imported for the use of central or local government agencies; provided, this does not apply to import for use in schools or other educational institutions, or to the import of any audiovisual work for purposes other than archival use.
2. Where the original or a specified number of copies of any audiovisual works are imported in order to supply such works to nonprofit scholarly, educational, or religious organizations for archival purposes, or where an original or specified number of copies of works other than audiovisual works are imported for library lending or archival purposes, provided that such copies are used in compliance with the provisions of Article 48.
3. Where the original or a specified number of copies of a work are imported for the private use of the importer, not for distribution, or where such import occurs because the original or copies form part of the personal baggage of a person arriving from outside the territory.
4. For the purpose of exclusive use by the visually impaired, learning disabled, hearing impaired or other persons with a perceptual disability, local or central government agencies, non-profit organizations and all levels of legally established schools may import copies reproduced by means of translation, Braille, sound-recording, digital transformation, verbal imagery, accompanying sign language or otherwise, provided that such copies are used in compliance with the provisions of Articles 53.
5. Where the original or copies of a work incorporated into any legally imported goods, machinery, or equipment are imported in conjunction with the import of such items. Such original or copies of the work shall not be reproduced during the use or operation of the goods, machinery or equipment.
6. Where a user’s manual or operating manual accompanying any legally imported goods, machinery, or equipment is imported; provided, this does not apply where the user’s manual or operating manual are the principal objects of the importation.
The "specified number" set forth in subparagraphs 2 and 3 of the preceding paragraph shall be prescribed by the competent authority.