TIPS^®  Taiwan Intellectual Property Special

The crucial amendment of this Bill can be summarized as follows:

Add the provision of “public distribution right” and revise the definitions of “public broadcast right” and “public performance right”: In reference of international treaties, the Bill adds the provision of “public distribution right” which entitles the copyright owner the right of interactive distribution and the right to offer its work to the public.
Add the provision of attaching technological and digitalized protection onto the copyrighted work: By allowing the copyright owner to attach technological measure onto the digitalized work, the copyright owner can identify himself/herself as the author and specify the type and period of licensing on the internet.

Add the provision of licensee's legal status on the copyrighted work: The Bill prescribes that the right of the licensee would not be influenced where the copyright owner assigns its right to others or licenses the same right to others. Moreover, the Bill provides that the exclusive licensee shall entitle to all of the legal right enjoyed by the copyright owner and that, unless otherwise agreed by the both parties, the copyright owner cannot exercise its copyright after he/she grants the exclusive right to the licensee.

Revise some literal provisions of fair use doctrine to comply with other amendments.
Delete the provision that Copyright Examination and Mediation Committee should exam the rate of the compensation for use as prescribed by copyright intermediary organization: The IPO believes that the relevance of the copyright licensing and the rate of the compensation for use is a private relationship between the copyright owner and the user. Accordingly, it should be decided by the market regime, rather than examined by the Copyright Examination and Mediation Committee.

Add the immunity provision of internet service provider: In order to promote the progress of internet communication and the distribution and use of copyright works on the internet, the Bill prescribes that the internet service provider shall not be held liable for user’s infringement upon other’s copyright, as long as the internet service provider is not aware of such infringement or objectively cannot control the user’s content or simply provides user an access to the internet.