Annotated Republic of China Laws/Copyright Act/Article 106-3

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Copyright Act Republic of China (Taiwan) Law Article 106-3

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Promulgated amendment on 2003-07-09

Article 106-3

Exploitation of a derivative work may continue beyond the date on which the World Trade Organization Agreement took effect in the territory under the jurisdiction of the Republic of China, where the preexisting work upon which such derivative work is derived is a work under Article 106bis, where the completion of the derivative work occurred prior to the aforementioned effective date, and where such derivative work was protected under respective versions of this law; the provisions of Chapter VI and Chapter VII of this Act shall not apply.

From the implementation of the June 6, 2003 amendment to this Act, the person exploiting the derivative work pursuant to the preceding paragraph shall pay to the economic rights holder of the underlying work a reasonable compensation such as would normally be paid for such work through free negotiation.

The provisions of the preceding two paragraphs shall not affect the protection of the derivative work.