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Standards for Compensation for Fair Use of Works in Paragraph 4, Article 47 of the Copyright Act

STANDARDS FOR COMPENSATION FOR FAIR USE OF WORKS IN PARAGRAPH FOUR, ARTICLE 47 OF THE COPYRIGHT ACT

Promulgated on February 23, 1998 per Letter No. Tai-(87)-Nei-Chu-Tze 870 2053.

1.These standards are set pursuant to the provisions of Paragraph 4, Article 47 of the Copyright Act (hereinafter referred to as "the Act").
2. Except as otherwise provided under these standards the compensation for reproduction or compilation of works pursuant to the provisions Paragraph 1, Article 47 of the Act shall be calculated as follows:

(1) For literary and oral works: the calculation shall be based on the number of characters at the rate of one thousand New Taiwan Dollars for one thousand characters or fraction thereof.

(2) For photographic, artistic or pictorial works: the calculation shall be based on the number of items1, regardless of whether the item is in black and white or color, and regardless of the size of the plate, at the rate of five hundred New Taiwan Dollars per item, or if to be used on the front or back cover, one thousand New Taiwan Dollars.

(3) For musical works: lyrics and music shall be calculated separately at the rate of two thousand New Taiwan Dollars per title.

(4) For works other than those referred to in the preceding (1), (2) and (3): the calculation shall be based on the proportion of the exploited work occupying the surface space on the page or plate at the rate of one thousand New Taiwan Dollars per plate or page; or if a calculation can not be made on this basis, one thousand New Taiwan Dollars per piece.

3. Compensation for adaptations pursuant to Paragraph 1, Article 47 of the Act, shall be calculated based on the standards at one half of the amount specified under the provisions of 2.

4. Except as otherwise provided in these standards the compensation for editing of supplementary teaching aids pursuant to Paragraph 2, Article 47 of the Act shall be separately calculated as follows:

(1) For sound recordings and audio visual works: two thousand New Taiwan Dollars for each three minute period or fraction thereof.

(2) For works other than those specified in the preceding (1): one half of the amount specified in 2 and 3.

5. Compensation for the public broadcast of works pursuant to the provisions of Paragraph 3, Article 47 of the Act shall be calculated as follows:

(1) For on the air public broadcasts: lyrics and music of musical works shall be separately calculated at the rate of one New Taiwan Dollar per title per broadcast; for other works, one New Taiwan Dollar for each three minute period or fraction thereof.

(2) For TV public broadcasts: lyrics and music of musical works shall be separately calculated at the rate of forty New Taiwan Dollars per title per broadcast; for other works, thirty New Taiwan Dollar for each three minute period or fraction thereof.

6. With respect to reproductions or compilations for the purpose of editing textbooks or supplementary teaching aids pursuant to Paragraph 1 or Paragraph 2, Article 47 of the Act, where the work exploited is a derivative work, and be two or more instances of compensation are required to be paid for the original work and the derivative work, the amount shall be calculated as seventy five percent of the amounts set forth in the preceding 2 and 4.

("Items" is from the compound "張數" in Chinese.)

  • Publish Date : 2008-04-19
  • Update : 2021-05-03
  • Organization : International Affairs and Planning Division
  • Visitors : 320

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