Copyright Protection for Works of Foreign Persons

Article 4 of the Copyright Law provides protection to works of foreign persons. Works of foreign persons may enjoy copyright protection by first publication in Taiwan or by bilateral agreement between Taiwan and the country of such foreign persons. However, foreign persons protected by reciprocal agreements are only Americans, New Zealanders, the British, Swiss, the Spanish in Taiwan, and Koreans in Taiwan. If a works of a foreign person from another nation is not first published in Taiwan, the proviso of Article 4(1) will offer it copyright protection. The Taiwan Intellectual Property Office (TIPO) explained how it works as following.

The proviso of Article 4(1) provides that “where the terms of a treaty or an agreement that has approved by resolution of the Legislative Yuan provide otherwise, such terms shall govern.” At present, the terms “treaty” and “agreement” include only the “Agreement for the Protection of Copyright between the Coordination Council for North American Affairs and the American Institute in Taiwan” (the “Agreement” thereafter). According to Article 1 of the Agreement, a person shall be considered a protected person “to the extent that he/she owns exclusive right(s) in a literal or artistic work in the territories represented by the parties provided that:

(a) The ownership of such right(s) was acquired by way of any written agreement signed by the parties thereto, within one year following the first publication of the work in a country that is a party to a multilateral copyright convention to which the territory represented by either party belongs; and

(b) The work has been made available to the public in the territory represented by either party.”

Protection starts when conditions (a) and (b) are both satisfied. The term “multilateral copyright convention” includes Berne Convention and Universal Copyright Convention. Moreover, upon Taiwan’s entry to the WTO next January, works of people from WTO’s members will be protected under this provision.