Copyrights in Taiwan
A
General Overview
In
Taiwan, ownership of the copyright to a work is granted to Taiwan
nationals upon completion of the work. By virtue of the 1946
Friendship, Commerce, and Navigation Treaty between the R.O.C.
and the U.S., the works of U.S. nationals are also granted copyright
upon completion. Taiwan is not a member of the Berne Convention.
Works created by nationals of the United Kingdom, Hong Kong,
and Spain are also protected by treaty. After January 1, 2002
when Taiwan entered into the WTO, works created by nationals
of the member states obtained protection. However, other works,
unless first published in the ROC, or published in the ROC no
more than 30 days after first publication in a nation that provides
reciprocal protection to Taiwan nationals, will not be protected
in Taiwan.
I.
Exclusive Rights Retained by Copyright Owners:
1.
Right of reproduction;
2. Right of public recitation;
3. Right of public broadcasting;
4. Right of public projection;
5. Right of public performance;
6. Right of public transmission;
7. Right of public exhibition;
8. Right of compilation;
9. Right to distribute their works through transfer of ownership;
10. Right of leasing;
11. Right of adaptation.
II.
Term of Protection
Generally,
the term of copyright ownership is the life of the author plus
fifty years, starting at the date of completion. When the date
of completion is unknown, the copyright term begins at the date
of first publication. In the following instances, the term of
copyright will endure for fifty years after the public release
of the work:
Economic rights for works authored by a juristic person endure
for fifty years after the public release of the work; provided,
if the work is not publicly released within fifty years from
the date of completing the creation, the economic rights shall
subsist for fifty years after completion of the creation. Economic
rights for photographic works, audiovisual works, sound recordings,
and performances endure for fifty years after the public release
of the work.
III.
Types of Works Protected in Taiwan:
There
are ten types of works protected in Taiwan: Literary works,
including oral works, translations, translation's of oral works,
compilations, and derivative works. Dramatics and choreographic
works, including lectures, musical performances and stage presentations.
Artistic works
Pictorial works
Musical works
Motion pictures including videotapes
Sound recordings
Photographic works
Computer programs
Architectural works
IV.
Copyright Ownership
Copyright
belongs to the author of the works. If the creator is employed
to create a work, he is the author, but the employer may be
the author pursuant to a written agreement with the employee.
Copyrights may be jointly owned by two or more persons and may
be assigned in whole or in part.
V.
Civil Remedies
Civil
remedies available to a copyright owner whose copyright is infringed
upon include monetary damages, removal of infringement and prevention
of future infringement, and publication of a court judgment.
Monetary damages will be assessed based on the profits obtained
by the infringer and losses suffered by the injured party. If
the copyright owner fails to prove the actual amount of damages,
then the damages will be determined by the court, from NT$10,000
to NT$1,000,000 (roughly US $30,000).
VI.
Criminal Penalties
The Copyright
Law provides for criminal penalties for various types of copyright
infringements. For example, any person who reproduces the work
of another without authorization is subject to imprisonment
of no more than three years, and a fine of no more than NT $750,000
(roughly US $22,000). Any person who commits such an offense
as a profession shall be imprisoned for between one year and
seven years, and in addition, may be, fined up to NT $3,000,000
(roughly US $90,000). Generally, prosecution for copyright infringement
shall be instituted only upon complaint by the injured party.
Back
to Taiwan IP Homepage
Disclaimer
All
information contained herein is provided by and courtesy of
Wang & Wang. It is for informational purposes only. It should
not and may not be construed as legal advice. Neither transmission
nor receipt of any information contained herein is intended
to nor creates an attorney-client relationship. Any reader of
this information should not act upon it without seeking professional
counsel.
Copyright
1995-2006 Wang and Wang, a Limited Liability Partnership
|
