Copyright Act draft amendment heads to Legislative Yuan for deliberation
E171027Y3 | Nov. 2017（E216）
The Executive Yuan reviewed and approved of the draft amendment to Taiwan Copyright Act on October 26, 2017. To cope with the surging development of digital technology and the internet, Taiwan IPO has set to an overhaul of the Taiwan Copyright Act since 2010 to compile, formulate, and finalize the amendment after going through discussions, meetings, and five rounds of deliberation meetings at the Executive Yuan through these years. The proposed amendment comprises a total of 145 articles, featuring 93 amendments and 17 new articles.
Highlights of the amendment are summarized as follows.
1. Consolidation and clear-cut definitions of economic rights, such as, public broadcast, public transmission, public recitation, and public performance for adaptation to digital convergence;
2. Copyright ownership in case of works made for hire;
3. Provisions governing moral rights amended to enhance work distribution and exploitation;
4. Relevant regulations with respect to distribution right and rental right being amended more specifically for clarification and for market harmonization;
5. Adjustment of protection for performers and sound recording;
6. Amendments of restrictions on economic rights;
7. New provisions concerning compulsory licensing and registration of pledge right over copyrighted works in case of the copyright owners thereof not being identified;
8. Amendments of regulations of statutory damages;
9. Amendments of current border control measures;
10. Amendment and removal of out-of-date criminal regulations.
This amendment introduces the most drastic adjustments and changes to the Copyright Act for the past twenty years, seeking to construct a good and sound copyright legal regime, enhance copyright holder protection, deter IP infringement, reconcile social benefits and rightful use of copyrighted materials by people without concerns about infringement, step up development of Taiwan’s cultural industry and creation upgrading, and ultimately to reinforce the country’s overall competitiveness. (October 2017)