Annotated Republic of China Laws/Copyright Act/Article 87

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Copyright Act
Republic of China (Taiwan) Law
Article 87

Promulgated amendment on 2003-07-09[edit]

Article 87[1]
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1. (deleted)
2. Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3. Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4. Import of the original or any copies of a work without the authorization of the economic rights holder.
5. Exploitation for business purposes of a copy of a computer program that is known to infringe on economic rights in such computer program.
6. Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.

Promulgated amendment on 2004-09-01[edit]

Article 87[2]
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1. To exploit a work by means of infringing on the reputation of the author.
2. Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3. Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4. Import of the original or any copies of a work without the authorization of the economic rights holder.
5. Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
6. Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.

Promulgated amendment on 2007-07-11[edit]

Article 87[3]
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1.To exploit a work by means of infringing on the reputation of the author.
2.Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3.Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4.Import of the original or any copies of a work without the authorization of the economic rights holder.
5.Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
6.Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
7.To provide to the public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.
A person who undertakes the actions set out in subparagraph 7 above shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites, or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Promulgated amendment on 2014-01-22[edit]

Article 87[4]
Any of the following circumstances, except as otherwise provided under this Act, shall be deemed an infringement of copyright or plate rights:
1.To exploit a work by means of infringing on the reputation of the author.
2.Distribution of articles that are known to infringe on plate rights, or public display or possession of such articles with the intent to distribute.
3.Import of any copies reproduced without the authorization of the economic rights holder or the plate rights holder.
4.Import of the original or any copies of a work legally reproduced abroad without the authorization of the economic rights holder.
5.Exploitation for business purposes of a copy of a computer program that infringes on economic rights in such computer program.
6.Distribution, by any means other than transfer of ownership or rental, articles that are known to infringe on economic rights; or public display or possession, with the intent to distribute, of articles that are known to infringe on economic rights.
7.To provide to the public computer programs or other technology that can be used to publicly transmit or reproduce works, with the intent to allow the public to infringe economic rights by means of public transmission or reproduction by means of the Internet of the works of another, without the consent of or a license from the economic rights holder, and to receive benefit therefrom.
A person who undertakes the actions set out in subparagraph 7 above shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites, or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Annotated by Wikibooks[edit]

  1. "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. 
  2. Derived from 2007 text.
  3. Derived from 2014 text.
  4. "Copyright Act: Article 87". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2003-07-09. http://law.moj.gov.tw/ENG/LawClass/LawSearchNo.aspx?PC=J0070017&DF=&SNo=87. Retrieved 2016-11-23.