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Copyright Law Amendments Promulgated by Order of President on November 12, 2001
By order of the President, Articles 2, 34, 37, 71, 81, 82 and 911 of the Copyright Law were amended on Novem
ber 12, 2001. Below are the amendments:
Article 2: The "competent authority" under this Law is the Ministry of Economic Affairs [MOEA].
The MOEA will appoint a specialized authority to handle the aforementioned business.
Article 34: Economic rights for photographic works, audiovisual works, sound recordings and performances endure for fifty years after the public release of the work.
The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.
Article 37: The economic rights owner may license others to exploit the work. The territory, term, contents, method of exploitation and other matters of the license shall be in accordance with the parties' agreement; any portion of the parties' agreement that is unclear shall be deemed not to have been licensed.
Where the aforementioned license has been duly notarized by a public notary, such license will not be affected by any subsequent assignment or further license of the copyright by the economic rights owner.
The licensee referred to in the preceding paragraph shall not, without the consent of the economic rights owner, sublicense the licensed rights to a third person for exploitation.
Within the scope of the license, an exclusive licensee may exercise rights in place of the economic rights owner. The economic rights owner may not exercise rights within the scope of the exclusive license.
The preceding paragraphs 2 to 4 do not apply to licenses granted prior to these amendments enter into force.
Chapter 7 of this Law does not apply to where musical works are reproduced in karaoke machines, and users of the karaoke machine publicly perform such works. The preceding provision does not apply to musical works under the management of copyright intermediary organizations.
Article 71: The specialized copyright authority shall revoke the approval for a compulsory license obtained in accordance with the provisions of Article 69, where it is subsequently discovered that the application contained misrepresentations.
The specialized copyright authority shall withdraw the approval for a compulsory license obtained in accordance with the provisions of Article 69, where the licensee does not exploit the work in the manner approved by the specialized copyright authority.
Article 81: Economic rights holders may establish copyright intermediary organizations with the approval of the specialized copyright authority for the purposes of exercising rights or collecting and distributing compensation for use.
An exclusive licensee may also join such copyright intermediary organizations.
Approval for establishment, the organization, and powers of the organizations referred to in the preceding paragraph, the supervision thereof, and the providing of guidance thereto, shall be otherwise provided for by law.
Article 82: The specialized copyright authority shall establish a Copyright Examination and Mediation Committee to handle the following matters:
a.Examination of the rate of the compensation for use under the provisions of paragraph 4 of article 47;b.Mediation of disputes between copyright intermediary organizations and users concerning the compensation for use;c.Mediation of disputes concerning copyright or plate rights;d.Other consultation in connection with copyright examination and mediation.
Dispute mediation referred to in subparagraph 3 of the preceding paragraph, when involving criminal matters, shall be limited to cases actionable only upon complaint.
Article 911: With regard to the import or export of goods that infringe on copyright or plate rights, the copyrights owner or the plate rights owner may apply to the customs authorities to suspend the release of the goods.
The application referred to in the preceding paragraph shall be filed in writing, stating the facts of the infringement, and with a bond in an amount equivalent to the customs authoritiesassessed landed cost of imported goods or the F.O.B. price of exported goods, such bond serving as a security for the party whose goods are subject to the suspension of release.
Upon receiving such an application, the customs authorities shall promptly notify the applicant. Where it finds that the application complies with the preceding paragraph and the suspension of release is to be conducted, it should notify in writing the applicant and the party whose goods are subject to suspension of release.
The applicant or the party whose goods are suspended of release may apply to the customs authorities for inspection of the detained goods.
Detained goods shall be confiscated by the customs authorities, where the applicant has obtained a final and nonappealable civil judgment that determined the goods infringe on copyright. The owners of the detain
ed goods shall be held liable for all expenses incured as a result of the delay of containers, storage, loading and unloading, destruction of the goods and other related expenses.
If the expenses incurred as a result of the destruction of the goods referred to in the preceding paragraph are not paid within the period prescribed by customs authorities, the case may be referred to the court for compulsory execution.
In any of the following circumstances, a suspension of release order shall be revoked by the customs authorities and the detained goods shall be processed in accordance with applicable import and export regulations; in addition, the applicant shall compensate the party whose goods were detained for damages incurred on account of the suspension of release:
a.The goods, the release of which was suspended, have been determined to be noninfringing by a final and nonappealable judgment of the court;
b.Within twelve days of the date on which the applicant is informed of the suspension of release, the customs authorities have not received notification that litigation proceedings with regard to the detained goods has been initiated;
c.The applicant applies for revocation of suspension of release.
The period referred to in subparagraph 2 of the preceding paragraph may be extended by another twelve days, if customs authorities deem necessary.
Customs authorities shall return the security bond in accordance with the applicant's request therefor in any of the following circumstances:
a.There is no need to continue posting the bond either because the applicant has obtained a favorable final and nonappealable judgment or because the applicant has reached a settlement with the party whose goods were detained;
b.After the suspension of release is revoked, the applicant proves that more than twenty days have elapsed since the applicant notified the party whose goods are subject to the suspension of release to exercise its rights and such party has failed to exercise its rights;
c.The party whose goods were detained agrees to the return.With regard to the bond referred to in the second paragraph of this article, the party whose goods are Subj
ect to the suspension of release has the same rights as a pledgee.
Optical Media Management Law Promulgated on November 14, 2001
The Optical Media Management Law was promulgated by order of the President on November 14, 2001. The entire document of the Law can be found on the IPO's website at: http://www.moeaipo.gov.tw/news/ShowNewsContent.asp?otype=1&postnum=744&from=board
IPO Drafts Regulations under Optical Media Management Law
On November 30, 2001 the IPO held a public hearing on "Draft Regulations & Enforcement of Optical Media Management Law". Pursuant to Article 154, Paragraph 1 of the Code of Civil Procedure, and by its letter dated November 23, 2001 (ref. (90) ChiFa09086001210) the IPO also announced the draft "Optical Media Manufacturing Permit & Declaration Rules", the "Source Ident
ification Code Management Rules", and the "Optical Media Manufacturing Equipment Import & Export Management Rules" and the relevant application forms. The aforementioned drafts were based on Article 4, and Articles 10 to 12 of the Optical Media Management Law. Below is a description of these draft rules:
Optical Media Manufacturing Permit & Declaration RulesIn order to strengthen management of optical media production, as well as balance the rights and interests of manufacturers and users, the MOEA prepared the Optical Media Management Law, having taken into account present circumstances and possible future trends. Third reading of the Law was passed by the Legislative Yuan on October 31, 2001, and came into force by order of the President on November 14, 2001. Pursuant to Article 4, Paragraph 3 of this Law, the competent aut horities shall determine the procedures, contents, documentation and other matters for businesses apply
ing for optical media manufacturing permit. Accordingly, the MOEA prepared the "Optical Media Manufacturing Permit & Declaration Rules", in regulation of these matters. These Rules consist of 14 articles, which mainly deal with the following:
a.Identify legal basis for these Rules (Article 1).
b.Stipulate that each manufacturing place of prerecorded optical media must first obtain a permit (Article 3).
c.Stipulate documentation required for applying for a prerecorded optical media manufacturing permit (Article 5).
d.Stipulate procedures for examining documentation submitted (Article 6).
e.Stipulate documentation required for declaring manufacture of blank optical media (Article 7).
f.Stipulate provisions applicable to altering information stated on prerecorded optical media manufacturing permit (Article 7).
g.Stipulate that businesses that manufacture prerecorded optical media prior to this Law must apply for and obtain manufacturing permits, and documentation that such businesses should submit (Article 11).
h.Stipulate that businesses that manufacture blank optical media prior to this Law must declare, and documentation that such businesses should submit (Article 12).
Optical Media Manufacturing Equipment Import & Export Management Rules In coordination with enforcement of the Optical Media Management Law, these Rules are drafted in accordance with Article 12, Paragraph 2 of the Law. They aim to regulate the declaration procedures for importation and exportation of optical media manufacturing equipment, the necessary documentation, and other relevant matters. These Rules consist of 8 articles, which mai
nly deal with the following:
a.Identify legal basis for these Rules (Article 1).
b.Clarify the order of enforcement for these Rules (Article 2).
c.Stipulate items that should be declared to the competent authorities prior to importing optical media manufacturing equipment (Article 3).
d.Stipulate items that should be declared to the competent authorities prior to exporting optical media manufacturing equipment (Article 4).
e.Stipulate procedures applicable where there is an error in the declared items, or their alteration or loss (Article 5).
f.Stipulate documentation that should be submitted by the applicant importer/exporter, the customs authorities procedures, and procedures for those who have not declared previously (Article 6).
g.Declaration should be made to the competent authorities in respect of equipment for producing prerecorded optical media that were imported prior to these Rules (Article 7).
h.Date of commencement for these Rules (Article 8).
Source Identification Code Management Rules Pursuant to Article 10, Paragraph 4 and Article 11, Paragraph 4 of the Optical Media Management Law previously described, the competent authorities should determine regulations for source identification code application procedures, printed labels, required documentation and other relevant matters. Accordingly the MOEA has drafted these Rules, which consist of 13 articles:
a.Identify legal basis for these Rules (Article 1).
b.Define types of source identification codes (Article 2).
c.Stipulate arrangement of printed labels for source identification codes (Article 3).
d.Stipulate diagrams and formation of printed labels for source identification codes (Articles 4 & 5).
e.Stipulate location of printed labels (Articles 6 to 9).
f.Stipulate documentation that should be submitted for applying for an optical media source identification code (Articles 10 & 11).
g.Stipulate procedures after the competent authorities receive the application (Article 12).
h.Stipulate that the competent authorities will determine the format of the application form (Article 13).
The aforementioned 3 sets of rules and application forms can be viewed at the IPO's website at: http://www.moeaipo.gov.tw/library/library_cd.asp