Subsection 4 Limitations on Economic Rights
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.
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.
[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.
[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.
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:
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.
Where necessary to preserve materials.
Where the works in question are out of print or difficult to purchase, and have been requested by another similar institute.
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:
- Masters theses or doctoral dissertations written under the “Degree Conferral Act,” where the author has obtained a degree.
- Academic papers published in periodicals.
- Research reports or collections of seminar papers that have been publicly released.
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.
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.
[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]
[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]
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.
[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]
[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]
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.
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.
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.
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:
Reproduction of a building by construction of another building.
Reproduction of a work of sculpture by production of another sculpture.
Reproduction for the purpose of long-term public display in locales specified in this article.
Reproduction of artistic works solely for the purpose of selling copies.
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.
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.
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.
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.
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.
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.
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.
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:
The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.
The nature of the work.
The amount and substantiality of the portion exploited in relation to the work as a whole.
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.
The provisions of Articles 44 through 63 and Article 65 shall not affect the author’s moral rights.