Introduction

Where a party wishes to use copyright works, it must make an effort to obtain valid authorisation from the copyright owner. However, Article 24(1) of the Development of the Cultural and Creative Industries Act clearly stipulates that if the party fails to obtain such authorisation despite its best efforts – due to either the identity or location of the copyright owner being unknown – it must clarify the reason for its failure to obtain such authorisation to the competent authority (the Intellectual Property Office of the Ministry of Economic Affairs).

After the authority completes an investigation, the user may use the work within the permitted scope after it deposits the required amount for usage remuneration and obtains the authority's permission and authorisation. On 24 September 2010 the Regulations Governing Application for Approval of License of Works of Unknown Owner of Copyrights and Royalties for Use Thereof were thereby promulgated to regulate the application process and the calculation method of remuneration.

Recent amendment

Article 3 of the Regulations Governing Application for Approval of License of Works of Unknown Owner of Copyrights and Royalties for Use Thereof were recently amended to:

  • simplify the application procedure to obtain a licensing authorisation for the use of works of unknown rights holders (known as 'orphan works');
  • promote the use of orphan works; and
  • facilitate the development of the cultural innovation industry.

The main amendments are as follows:

  • The names of orphan works need not be provided if the applicant cannot find or is unsure of the name after publicly searching for the orphan work's economic rights holder or related information.
  • The waiting time has been shortened from 30 days to 10 days if the applicant receives no response after publicly searching for the orphan work's economic rights holder or related information.
  • The 30-day duration has been amended to start after the applicant sends out the documents to request information to a related copyright organisation or other agency regarding the name, entity name, domicile or residence and other information relating to the economic rights holder of the work to be exploited and the organisation or agency concerned has responded that the desired information cannot be ascertained or given no response. Previously, the 30-day period started after such documents were received.
  • Applicants may now advertise and search for the orphan work's economic rights holder or related information on the competent copyright authority's website.