Annotated Republic of China Laws/Copyright Act/Article 106-2

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Copyright Act
Republic of China (Taiwan) Law
Article 106-2

Promulgated full amendment on 1998-01-21[edit]

Article 106-2[1]
Except as otherwise provided for in this Chapter, a person who began the exploitation of works protected pursuant to the provisions of the preceding article prior to the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, or who made significant investment toward the purpose of such exploitation, may continue to exploit such works during the two-year period which commences on the aforementioned effective date of said Agreement, and the provisions of Chapter VI and Chapter VII of this Act shall not apply.

Promulgated amendment on 2003-07-09[edit]

Article 106-2[2]
Except as otherwise provided for in this Chapter, a person who began the exploitation of works protected pursuant to the provisions of the preceding article prior to the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, or who made significant investment toward the purpose of such exploitation, may continue to exploit such works during the two-year period which commences on the aforementioned effective date of said Agreement, and the provisions of Chapter VI and Chapter VII of this Act shall not apply.
From the implementation of the June 6, 2003 amendment to this Act, the person exploiting a work pursuant to the preceding paragraph, except in circumstances of rental or lending, shall pay to the economic rights holder of the exploited work a reasonable compensation for the exploitation such as would normally be paid for such work through free negotiation.
From one year after the date of promulgation of the amendment to this Act, an exploiter shall not further sell unauthorized copies of works protected under the preceding article; provided, it may still rent or lend them.
The preceding paragraph does not apply to copies of works that are separately created through exploitation of works protected under the preceding article; provided that, except as set forth in Articles 44 to 65, the economic rights holder of the exploited work shall be paid a reasonable compensation for the exploitation such as would normally be paid for such work through free negotiation.

Annotated by Wikibooks[edit]

Paragraphs 2, 3 and 4 were added.

  1. Derived from 2003 text.
  2. "Copyright Act". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2003-07-09. http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=427. Retrieved 2016-11-23.