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Contents
1. What is copyright?
2. During the term of copyright protection
3. Taiwan Copyright Application Procedure
4. Documents required to register copyright in Taiwan
5. Conclusion
1. What is copyright?
According to the provisions of the Copyright Act of Taiwan, copyright refers to the moral rights and property rights of the authors arising from the completion of the work. "Writing" means a literary, scientific, artistic, or other scholarly creation. For example, Yayoi Kusama's pumpkin paintings, Jin Yong's novels and other literary and artistic creations will be protected by copyright.
Common works in daily life include: poems, essays, speeches (Chinese works), lyrics, songs (music works), comics, watercolor paintings, oil paintings (art works), maps, engineering drawings (graphic works), films, animations (audio-visual works), dramas, dance works, sound recording works, architectural works, computer program works and performances, etc.
(1) Moral rights:
A. Right of Publication (Article 15 of the Copyright Act):
That is, the author has the right to freely decide whether and when to publish the work, and the form of public publication, including the distribution, transmission, screening, dictation, performance, and display of the work.
◆Exceptions:
If the author is a public servant and the copyright of the work belongs to the institution or legal person to which the author belongs, the civil servant does not have the right to publish it.
◆ Presumption of copyright owner's consent to disclosure:
- When the author assigns or authorizes others to use the copyright property right of the unpublished work, the author shall publish it due to the exercise or use of the copyright property right.
- The author assigns the original or a copy of an unpublished work of art or photography to another person, and the transferee shall display the original or a copy thereof.
- ̇Master's or doctoral dissertations written in accordance with the Degree Conferment Act, and the author has obtained a degree.
- A person who has acquired the property rights of a work that has not been published from the beginning by an employee or funder, and who has made a public announcement as a result of the assignment, exercise, or use of the property rights of the work (Articles 11, Paragraph 2 and 12, Paragraph 2 of the Copyright Act).
B. Right to express one's name (Article 16 of the Copyright Act):
When a copyright owner publicly publishes an original or reproduction of his work (e.g., a photocopy, etc.), the copyright owner is free to choose whether to mark his or her name or whether to use an alias (e.g., pen name, etc.) to mark it.
C. Right to Prohibit Improper Modification (Article 17 of the Copyright Act):
Also known as the right to maintain identity, the author has the right to prohibit others from changing the content, form or title of his work by distortion, fragmentation, alteration or other means, thereby causing damage to the reputation of the copyright owner.
If the moral rights of the copyright are infringed by others, the copyright owner may claim property and non-property damages from the infringer in accordance with the law, and request that the name of the copyright owner be indicated, the content of the correction and other disposition of the copyright owner's reputation (§ 85 of the Copyright Law).
(2) Copyright property rights
Including the right of reproduction, the right of public dictation, the right of public broadcasting, the right of public transmission, the right of public screening, the right of public performance, the right of public display, the right of dissemination, the right of adaptation, the right of editing and the right of rental, etc.
2. During the term of copyright protection
(1) If the applicant is a natural person: the life of the natural person and 50 years after his death.
(2) If the applicant is a legal person, the term of copyright protection shall be 50 years from the date of publication of the work.
(3) Photographs, audio-visuals, audio recordings and performance works: 50 years after the publication of the work.
In addition, if the work is not published within 50 years of its creation, the term of protection shall be 50 years from the date of completion of the work.
3. Taiwan Copyright Application Procedure
4. Documents required to register copyright in Taiwan
(1) Application for copyright registration.
(2) Copyright: a sample of the work and a description of the content of the work or the original copy (drawing file or actual work) designated by the competent authority.
(3) One original and one photocopy of the supporting documents required by law.
5. Conclusion
In the event of a dispute, since the copyright owner bears the burden of proof for the existence of his own copyright, the copyright owner can hand over the complete creative materials to an impartial third party through the registration application procedure to avoid loss and prove the completion time of the work. Therefore, the registration of copyright can prove the qualification of the copyright owner, and in the event of infringement disputes in the future, the copyright can be proved by virtue of the registration to prove that the author owns the copyright and obtain legal protection.
Therefore, registering a copyright helps to ensure that the author's creation receives legal, commercial and intellectual property benefits, and we, Lewis & Davis Patent Attorneys Office, can provide the best protection for your copyright.
If you would like to know more about intellectual property protection, please contact us.
