Reproducing publicity material in Taiwan - copyright law

[Taffy]

Does anyone know the law in Taiwan as regards reproducing publicity photographs (specifically movie stills)? Is releasing these photos tantamount to allowing their use, or does one still need the express permission of the owner?

Many thanks in advance.

[Hartzell]

I will make the obvious comment and suggest –

It might be a good idea to write a letter to the relevant government department to inquire about this.

[kelake]

[quote=“Taffy”]Does anyone know the law in Taiwan as regards reproducing publicity photographs (specifically movie stills)? Is releasing these photos tantamount to allowing their use, or does one still need the express permission of the owner?

Many thanks in advance.[/quote]

Hyperbole aside I have no little clue about what laws regarding copyright exist or don’t exist in Taiwan. Most of this is fyi I suppose.

Here are the regulations from Sony Pictures :

[quote]FOR ADVERTISING, EDUCATIONAL, FEATURE FILM/DOCUMENTARIES, PERSONAL and PUBLISHING INQUIRES

Please carefully follow these detailed instructions that are provided for your assistance and to expedite your request.
All requests for material(s) must be submitted in writing on letterhead by fax or mail. Due to excessive volume, there can be no requests by email. There will be no exceptions.
Clearly state which type of project or program, (such as theatrical, documentary, advertising or publishing, etc.) in which you propose to include SPE materials, and a description of the project’s purpose.
Include the title(s) of the feature(s) you require, the talent depicted, the exact length of the material and how it is to be used.
Include what distribution rights are required, such as media (theatrical, television rights etc.), territory and length of term.
Include the name of an authorized individual or officer who will sign on behalf of your company, and the company name, if different than the project’s name.
Include your direct phone and fax numbers. If you are calling from outside the United States or Canada, provide the international access code for your country and city.
If you reside outside the Los Angeles area, include the name of your shipper and account number.
If you have any questions, please include them in your letter.

Certain additional information will be needed if your request falls within the following categories:
For Feature film use, please include a synopsis of the script and relevant script pages illustrating how the clip is to be used.
For Advertising use, please include a storyboard or mock-up of the advertisement.
For Publishing use, please include a synopsis of the text and the relevance of the material to it.

1. Quoted fees may vary according to use, which are subject to SPE’s review and approval of the request.

2. Physical elements or selections of footage cannot be pulled or reproduced/duplicated until a Licensing Agreement has been signed and returned along with any applicable fees. If the Agreement is not returned to SPE within 10 business days following receipt, the request will be considered as having been withdrawn and no longer in effect.

For SPE features, please address all correspondence to:

Margarita Diaz
Director, Film Clip Licensing
Sony Pictures Entertainment
Sony Pictures Plaza, Suite 1016
10202 West Washington Blvd.
Culver City, California 90232

Fax # 310.244.1336
[/quote]

In my experience art or photographs appearing in a published book or catalog, as well as film stills, “video grabs,” and frame enlargements should be treated as previously published and/or copyrighted material.

Here is what imdb has to say on the issue:

[quote]I want to use your photos/trailers on my site/show/magazine. Can you give me permission?

All pictures and videos found on our site (including movie stills, headshots, photo galleries and trailers) are licensed to IMDb only and we are not permitted to sublicense them onwards or grant permission for other to use them, sorry. We are also unable to help with licensing questions that do not specifically involve the Internet Movie Database.

For photos in “Studio Stills” galleries, please contact the appropriate studio or production company. For photos in “Famous Frames,” “WireImage” or “MPTv.net” galleries, the providing agency is usually linked below the photo. If the link is there, clicking their name will direct you to a page with more information on the company to license the photo
[/quote]

Movie reviews MAY constitute fair use of copyrighted material but knowing what you are interested in using these for, grabbing low res. stills off the internet won’t necessarily make for beautiful reproductions in print. You should gain access to all the publicity material from the production companies directly. Then you will have available to you all kinds of high res. imagery.

Why not just send an email to a pr/marketing hack with one of the production companies and ask?

[Tigerman]

@Taiwan's Copyright Act

Subsection 4 Limitations on Economic Rights

Article 44

Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or administration; provided, this shall not apply where such reproduction would prejudice the interests of the economic rights holder due to the type and use of the work and the volume and method of reproduction.

Article 45

Within a reasonable scope, and for the sole purpose of use necessary to judicial proceedings, the works of another person may be reproduced.

The proviso of the preceding article shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

Article 46

[color=blue]Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which have already been publicly released.[/color]

The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

Article 47

[color=blue]Within a reasonable scope, and for the purpose of preparing pedagogical texts for which review and approval by an education administrative agency is required by act or regulation, or where an education administrative agency prepares pedagogical texts itself, the works of another person that have been publicly released may be reproduced, adapted, or compiled.[/color]

The provisions of the preceding paragraph shall apply mutatis mutandis to the preparation of supplementary teaching aids which are ancillary to the aforesaid textbooks and which are exclusively provided to teachers for teaching purposes; provided, this shall be limited to editing by the preparer of such textbooks.

[color=blue]Within a reasonable scope and for the purpose of meeting educational needs, all levels of legally established schools and educational institutions may publicly broadcast the works of another person that have been publicly released.[/color]

In the circumstances set forth in the preceding three paragraphs the exploiter of the work shall notify the economic rights holder and pay compensation for use. The level of compensation shall be set by the competent authority.

Article 48

Libraries, museums, history museums, science museums, art museums, and other cultural institutions open to the public may reproduce works in their collections in any of the following circumstances:

1. Where a patron requests reproduction of a part of a work that has been publicly released, or a single article from a seminar paper or a single article from a periodical that has been publicly released, provided that the copy is for personal research purposes and is limited to one copy per person.

2. Where necessary to preserve materials.

3. Where the works in question are out of print or difficult to purchase, and have been requested by another similar institute.

Article 48bis

Central or local government agencies, educational agencies that have been established by law, or libraries open to the public may reproduce abstracts appended to the following works where such works have been publicly released:

1. Masters theses or doctoral dissertations written under the “Degree Conferral Act,” where the author has obtained a degree.
2. Academic papers published in periodicals.
3. Research reports or collections of seminar papers that have been publicly released.

Article 49

When reporting current events by means of broadcasting, photography, film, newspaper, network, or otherwise, works that are seen or heard in the course of the report may be exploited within the scope necessary to the report.

Article 50

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, publicly broadcast, or publicly transmitted.

Article 51

[color=blue]Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has been publicly released may be reproduced by a machine that is either located in a library or is not provided for public use.[/color]

Article 52

[color=blue]Within a reasonable scope, works that have been publicly released may be quoted where necessary for reports, comment, teaching, research, or other legitimate purposes.[/color]

Article 53

Works that have been publicly released may be reproduced in Braille or with accompanying sign language translation or text for the visually impaired or the hearing impaired.

For the purpose of promoting the welfare of the visually impaired or the hearing impaired, legally accredited non-profit institutions or organizations may, by means of sound recordings, computers, verbal imagery, accompanying sign language translation, or otherwise, exploit works that have been publicly released, for exclusive use by the visually impaired or the hearing impaired.

Article 54

[color=blue]Works that have been publicly released may be reproduced for use in examination questions on all kinds of examinations held by central or local government agencies and all levels of schools or educational institutions established in accordance with law; provided, this shall not apply to works that have been publicly released as examination questions.[/color]

Article 55

[color=blue]The work of another person that has been publicly released may be publicly recited, publicly broadcast, publicly presented, or publicly performed in the course of an activity of non-profit nature, provided that no fee is directly or indirectly collected from the viewers or listeners, and no compensation is given to the performers.[/color]

Article 56

For the purposes of public broadcasting, a radio or television broadcasting organization may, with its own equipment, sound record or video record a work; provided, this shall be limited to situations where the public broadcasting has been licensed by the economic rights holder, or situations otherwise comporting with the provisions of this Act.

Except where preservation of the recording referred to in the preceding paragraph has been approved for a designated place by the specialized agency in charge of copyright matters, such sound or video recordings shall be destroyed within six months from the time of recording.

Article 56bis

For the purpose of enhancing receiving effect, a community antenna installed in accordance with law may simultaneously rebroadcast works broadcast by wireless television stations established in accordance with law; the form and content of such broadcasts shall not be changed.

Article 57

The owner of the original legal copy of an artistic work or photographic work, or a person authorized by the owner, may publicly display such original or legal copy of the work.

The public displayer referred to in the preceding paragraph may reproduce the work in a descriptive writing in order to provide viewers with an explanation or introduction.

Article 58

Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:

1. Reproduction of a building by construction of another building.

2. Reproduction of a work of sculpture by production of another sculpture.

3. Reproduction for the purpose of long-term public display in locales specified in this article.

4. Reproduction of artistic works solely for the purpose of selling copies.

Article 59

The owner of a legal copy of a computer program may alter the program where necessary for utilization on a machine used by such owner, or may reproduce the program as necessary for backup; provided, this is limited to the owner’s personal use.

If the owner referred to in the preceding paragraph loses ownership of the original copy for any reason other than the destruction or loss of the copy, all altered and backup copies shall be destroyed unless the economic rights holder grants its consent otherwise.

Article 59bis

A person who has obtained ownership of the original of a work or a lawful copy thereof within the territory under the jurisdiction of the Republic of China may distribute it by means of transfer of ownership.

Article 60

Owners of originals of works and lawful copies of works may rent such original works or copies; provided, this shall not apply to sound recordings and computer programs.

The proviso of the preceding paragraph shall not apply to copies of computer programs incorporated in products, machinery, or equipment to be legally rented, where such copies do not constitute the essential object of such rental.

Article 61

Commentary on current political, economic, or social events that has appeared in a newspaper, magazine, or network may be republished by other newspapers or magazines, or be publicly broadcast by radio or television, or publicly transmitted on a network; provided, this shall not apply where there is indication that republishing, public broadcast, or public transmission is not authorized.

Article 62

Public speeches on politics or religion, and public statements made in legal proceedings or during proceedings of central or local government agencies, may be exploited by any person; provided, consent of the economic rights holder shall be obtained when compiling a compilation work that is dedicated to the speeches or statements of specified persons.

Article 63

Persons that may exploit the work of another person in accordance with the provisions of Article 44, Article 45, subparagraph one of Article 48, Articles 48bis through 50, Articles 52 through 55, Article 61, and Article 62 may translate such work.

Persons that may exploit the work of another person in accordance with the provisions of Articles 46 and 51 may adapt such work.

Persons that may exploit the work of another person in accordance with the provisions of Articles 46 through 50, Articles 52 through 54, paragraph 2 of Article 57, Article 58, Article 61, and Article 62 may distribute such work.

Article 64

A person who exploits the work of another person pursuant to the provisions of Articles 44 through 47, Articles 48bis through 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 through 63 shall provide a clear indication of the source of the work.

The “clear indication of the source” referred to in the preceding paragraph shall indicate the name or appellation of the author in a reasonable manner, except where the work is anonymous or the author is not known.

Article 65

Fair use of a work shall not constitute infringement on economic rights in the work.

In determining whether the exploitation of a work complies with the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination:

1. The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.

2. The nature of the work.

3. The amount and substantiality of the portion exploited in relation to the work as a whole.

4. Effect of the exploitation on the work’s current and potential market value.

Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph.

In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters.

Article 66

The provisions of Articles 44 through 63 and Article 65 shall not affect the author’s moral rights.

[Big_Fluffy_Matthew]

You highlighted the parts that refer to schools etc but I’m guessing Taffy wants to put screen shots in film reviews in Taiwanease ?

Maybe item 3 in article 65 is useful
3. The amount and substantiality of the portion exploited in relation to the work as a whole.

One screen grab out of a whole film is not substantial I would have thought. In other countries it is considered fair use for reviews. But it doesn’t explicitly say that, so I would say it’s best to ask. www.tipo.gov.tw is a good place to start, and the FVWP (The Taiwan version of the MPAA, I don’t have any realiable contact info for them). I’ve recently contacted both of those on import matters, but still awaiting a reply from both.

Also, movie companies used to hand out pictures for putting in reviews and hanging in the windows in cinemas. That would be just what you need if you can get them. There may be some central association in Taiwan for doing this.