Copyrights Law in Taiwan
Certainly! Here's an overview of copyright law in Taiwan:
Copyright Law in Taiwan
Taiwan has a well-established copyright system that protects the rights of creators, aligned with international copyright standards.
1. Legal Framework
The primary legislation is the Copyright Act of the Republic of China (Taiwan), first enacted in 1928 and amended several times, most recently updated in the 21st century.
Taiwan is a member of several international copyright agreements, including the Berne Convention for the Protection of Literary and Artistic Works.
2. Protected Works
The law protects:
Literary works (books, articles, software)
Artistic works (paintings, sculptures, photographs)
Musical compositions and lyrics
Cinematographic works
Dramatic and choreographic works
Sound recordings
Broadcasts
Computer programs and databases
3. Rights Granted
Economic rights: Include reproduction, distribution, rental, public performance, broadcasting, translation, adaptation, and communication to the public.
Moral rights: Include the right to attribution and protection against distortion or mutilation of the work.
4. Duration of Protection
For works by individual authors: life of the author plus 50 years after their death.
For works of joint authorship: 50 years after the death of the last surviving author.
For anonymous or pseudonymous works: 50 years from the date of publication.
For cinematographic works and works of applied art: 50 years from publication.
5. Limitations and Exceptions
The law allows certain limitations for:
Fair use for purposes such as education, research, commentary, and news reporting.
Personal use and private copying.
Libraries and archives under specific conditions.
Quotation and parody.
6. Enforcement
Taiwan has legal remedies including injunctions, damages, and criminal penalties for copyright infringement.
Administrative agencies also assist in enforcement, along with the judiciary.
7. International Relations
Though Taiwan is not a member of the World Trade Organization (WTO) or World Intellectual Property Organization (WIPO) due to its unique international status, it maintains copyright agreements and practices in line with international standards.
It has bilateral agreements with various countries to protect intellectual property rights.
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