Best Copyright Lawyers in Taiwan

About Copyright Law in Taiwan, Taiwan

Copyright law in Taiwan, Taiwan is supervised by the Intellectual Property Office of the Ministry of Economic Affairs. It provides protection for literary, artistic, scientific works, as well as audio-visual recordings, sound recordings, and broadcasts. The Copyright Act of Taiwan is the primary legislation that protects and governs such matters. Once a creative work is documented or fixed in a tangible medium, it is automatically protected by the copyright law without a requirement for formal registration.

Why You May Need a Lawyer

If you are a creator of artistic, musical, literary, or scientific works, you may need a lawyer to ensure your works are adequately safeguarded from plagiarism or unfair use. Similarly, if you want to use someone else's copyrighted material, a lawyer can help you understand fair use policies and assist in obtaining necessary permissions. Moreover, if you notice unauthorized use of your creative works or if you're accused of copyright infringement, legal assistance may become crucial.

Local Laws Overview

The key aspects of Copyright Law in Taiwan are quite extensive. They include rights to reproduction, distribution, public performance, public display, and the making of derivative works. The protection term typically lasts for the author's lifetime plus 50 years following their death. Legal entities enjoy copyright protection for 50 years after the first publication. If violation or infringement is detected, the infringer may be liable for criminal penalties and civil damages.

Frequently Asked Questions

1. Can I copyright my idea in Taiwan?

Copyright protection is not applicable to ideas in Taiwan. It extends only to the tangible expression of an idea.

2. How long does my copyright last?

The copyright protection in Taiwan typically lasts for the author's lifetime and an additional 50 years after the author’s death.

3. Do I need to register my work to get copyright protection?

No, registration is not necessary for copyright protection in Taiwan. However, you may voluntarily register your work to establish evidence of ownership.

4. What actions can I take if someone infringes my copyright?

For copyright infringement, you can seek both civil and criminal remedies that include compensation for losses and a potential jail term for the infringer.

5. Can I use someone else’s copyrighted work without any legal consequences?

Using someone else’s copyrighted work without permission can lead to copyright infringement unless the action falls under fair use or other exceptions specified under Taiwan's Copyright Act.

6. Is a copyright secured in Taiwan valid worldwide?

Generally, a copyright secured in Taiwan is respected in other countries due to various international agreements, although this might be influenced by the specific national laws in foreign jurisdictions.

7. Can I freely use materials that don't have a copyright notice?

No, lack of a copyright notice does not automatically allow free use. It's safer to ask for permission before using such material.

8. Who gets the copyright for a work created during employment?

Typically, employers own the copyrights for works created by employees during their employment, unless stated otherwise in an agreement.

9. Can I copyright a name, title, slogan, or logo?

Names, titles, slogans, or logos are usually covered under trademark law, not copyright law.

10. What’s the difference between copyright and patent?

The copyright protects original works of creation like literary, artistic, musical pieces, while patents protect inventions or discoveries.

Additional Resources

You can reach out to the Intellectual Property Office of the Ministry of Economic Affairs for further guidance and legal advice. Additionally, several local communities and non-profit organizations offer support and resources on copyright issues in Taiwan.

Next Steps

If you need legal assistance in copyright, seek advice from professionals specializing in intellectual property law in Taiwan. Consider getting your work voluntarily registered for evidentiary purposes. Always ensure you understand the implications and regulations when using someone else's work or contributing to a shared project.