Intellectual Property Office Elaborated on Legality or Illegality of Users’ Software Swapping for Music Downloading.

Intellectual Property Office, Ministry of Economic Affairs indicated on May 31 that users of some music software websites are using the swapping software supplied by software manufacturers without music and recording copyright owners’ license for the time being, and arbitrarily on the Internet swapping the music under protection of the Copyright Law. Such an act has infringed the rights of reproduction and public transmission owned by the music and recording copyright owners.

 

According to Intellectual Property Right’s statements, some users misunderstand that they can unlimitedly download music and use another’s copyright as long as they have paid up membership fee. Intellectual Property Office made an appeal that the public shall not save in the swapping files the unlicensed music information, which is stored in his own computer, for other users’ swapping and downloading when signing in software swapping websites as members. Moreover, users shall choose legal websites with the copyright owner’s license, and then upload, download, and swap the content of work after paying compensation for use, to avoid breach of law.

 

When users swap music files through the software and platforms provided by the software manufacturers, they download music files to hard discs of their PCs, and further burn the music files to CDs. Such an act still complies with the range of reasonable use if for personal or family use only, and does not constitute copyright infringement. Any act transgressing the range of reasonable use will infringe reproduction right and shall involve civil liabilities even if intent for profits is not involved. If any act transgresses the limit as specified in the Copyright Law, that is, reproducing more than 5 copies or the value over NT$30,000, criminal liabilities will be imposed on such act.

CYJ/CCS