Date: 19 December 2017

【Updates】 In response to the advanced development in digital technology and the Internet, on October 26, the Executive Yuan passed the draft amendment to the Copyright Act, which is composed of 145 articles. The draft amendment has been sent to the Legislative Yuan for further review. The key revisions are: Definitions for “public broadcasting” and “public transmission” were adjusted. New provisions on the “right to simultaneous further communication to the public” were added.

New provisions were added that performers whose performances are fixated on audiovisual fixations such as DVDs may enjoy the same rights currently stipulated as singers whose performances are fixed on phonograms.

Provisions on fair use of copyrighted works by the general public were adjusted. Provisions on compulsory licensing of works of unknown economic right holders were added. Outdated provisions on criminal liability were amended.

This draft amendment to the Copyright Act is the largest-scale modification in nearly twenty years. After the amendment, the Copyright Act will increase protection of right holders, effectively deter infringement, as well as appropriately harmonize social interests so as to guarantee the public’s rights to legally use copyrighted works, to facilitate growth in domestic cultural industries, and add values to creativity. All of these will ultimately add to Taiwan’s competitive advantage.

(Source: Taiwan Intellectual Property Office)