Copyright duration


#1

When do printed materials enter the public domain in Taiwan?

What about government documents? (In the United States, most published government documents are not under copyright.)


#2

I think Taiwan belongs to the Berne convention, and that would make it life of the author plus 50 or 75 years, if I remember correctly. (I used to know this stuff as I worked in a copyright law office years ago, but it’s all getting hazy; the only thing I really remember is doing clearances for “It’s a Wonderful Life” near Christmastime – ‘Public domain, $75 please!’ )

Here’s something from the gov’mint:

idic.gov.tw/html/echin_15.html

(point 3 talks about Copyright Law) althoug it doesn’t mention term specifically, it does say Taiwan belongs to the Bern Convention.

Interesting roundup article by our friends at Winkler Partners (I’m not being sarcastic, I really do have friends who work there! :laughing: )
winklerpartners.com/htmlffil … Taiwan.PDF

As for whether or not government pubs are public domain…that’s a good question. I’d be interested to know the answer, especially in regards to radio broadcasts.


#3

Thanks for the links, Terry.

So the current situation seems to be that literary works created now get protection for the life of the author plus 50 years.

When Taiwan joined the WTO, everything from WTO countries got a retroactive 50-year copyright. So that would cover almost everything from abroad after Jan. 1, 1952. I’m not sure if that means everything before then is therefore in the public domain.

For things published in Taiwan, the situation may be different. The cutoff date for public-domain works may be July 11, 1965. But my source for that is in Chinese and I’m probably reading it all wrong – not that I could necessarily decipher it even if it were in English. www.moeaipo.gov.tw/copyright/copyright_ … ook_22.asp

Clarification would be appreciated.

But even things from the public-domain period aren’t open to all if someone registers “plate rights,” which would be good for 10 years.

As for government “documents,” see article 11:

[quote]Article 9
The following items shall not be the subject matter of copyright:

  1. The constitution, laws, regulations or official documents.
  2. Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
  3. Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks and almanacs.
  4. Oral and literary works that are unadorned communications of facts for news reports.
  5. Questions from all kinds of examinations and their supplementary questions held pursuant to laws or regulations.

The term “official documents” referred to in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases and other documents prepared by civil servants in the course of carrying out their duties.[/quote]
www.moeaipo.gov.tw/copyright/eng/e1-4-1an.htm

Article 50: [quote]Works publicly released in the name of a central or local government agency or a public juristic person may, within a reasonable scope, be reproduced or
publicly broadcast.[/quote]

There’s also article 61:[quote]Commentary on questions of political, economic, or social current events that have appeared in a newspaper or magazine may be republished by other newspapers or magazines, or be publicly broadcast by radio or television; provided, this shall not apply where there is clear indication that republishing or broadcasting is not authorized. [/quote]


#4

Cranky, I’m seeing my lawyer on Friday so I’ll see if she can’t give me a clear answer for you. Of course it’s all going to be interpreted through my wife… :smiley: