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31 May 2021
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.
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:
The main amendments are as follows:
For further information on this topic please contact Cathy Ting or Sophia Chen at Lee and Li Attorneys at Law by telephone (+886 2 2763 8000) or email (email@example.com or firstname.lastname@example.org). The Lee and Li website can be accessed at www.leeandli.com.
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