Annotated Republic of China Laws/Copyright Act/Article 65

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Copyright Act
Republic of China (Taiwan) Law
Article 65

Promulgated full amendment on 1992-06-10[edit]

Article 65[1]
In determining whether the exploitation of a work complies with the provisions of Articles 44 through 63, all circumstances shall be taken into account, and in particular the following facts shall be noted as the standard 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.

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

Article 65[2]
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 standard 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.

Promulgated amendment on 2003-07-09[edit]

Article 65[3]
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.

Promulgated amendment on 2014-01-22[edit]

Article 65[4]
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 reasonable scope referred to in 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.

Annotated by Wikibooks[edit]

  1. Derived from 2003 text.
  2. Derived from 2003 text.
  3. "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. 
  4. "Copyright Act: Article 65". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2014-01-22. http://law.moj.gov.tw/ENG/LawClass/LawSearchNo.aspx?PC=J0070017&DF=&SNo=65. Retrieved 2016-11-23.