FOR THE PROTECTION OF COPYRIGHT BETWEEN
AMERICAN INSTITUTE IN TAIWAN AND
COORDINATION COUNCIL FOR NORTH AMERICAN AFFAIRS
American Institute in Taiwan (AIT) and the Coordination Council for North
American Affairs (CCNAA), in order to promote extensive, close and
friendly commercial, cultural and other relations and desiring to
facilitate the expansion of commerce on a non-discriminatory basis, have
established this Agreement to enhance the rights or authors and other
copyright owners without impairing any protection in their works enjoyed
by virtue of any prior agreement other arrangements.
AIT and the CCNAA, as Parties to this Agreement undertake to provide for
and to maintain in the domestic legislation of their respective
authorities and understands agreement the adequate and effective rights
of authors and other copyright proprietors in their literary and
shall describe the are under the jurisdiction of the authority of either
Party to this Agreement as the context may require.
(3) A "protected
person" shall mean:
individual or juridical person who under the laws of either territory
would be considered a citizen or national of that territory and
individual or juridical person who first publishes his or her works in
(4) In the
territories represented by the Parties, each of the following also shall
be deemed a "protected person" upon the fulfillment of the
conditions set out in the proviso following paragraph (b) below
person or entity identified in paragraph (3) (a) above; and
juridical entity wherever located which is directly or indirectly
controlled by, or where majority of the shares or other proprietary
interest is owned by a person or entity identified in paragraph (3) (a)
or entity designated in paragraph (4) shall be considered a protected
person to the extent that he owns, by easy of any written agreement
signed by the parties thereto, exclusive right(s) in a literary or
artistic work in the territories represented by the Parties provided
ownership of such right(s) was acquired by way of any written agreement
signed by the parties thereto, within one year following the first
publication of the work in a country that is party to multilateral
copyright convention to which the territory represented by either Party
work has been made available to the public in the territory represented
by either Party.
purpose of paragraph (4) indirect control means control exercised
through subsidiaries or affiliates wherever located.
copyright protection will be provided in the territory represented by
AIT to protected persons of the territory represented by CCNAA for such
exclusive rights in literary and artistic works upon the condition that
such works are first published in territory that is party to an
international copyright convention to which the territory represented by
Authors and other copyright owners who have their habitual residence in
one of the territories represented by either Party to this Agreements
shall for the purpose of this Agreement, be assimilated to protected
person of that territory.
Notwithstanding the provisions of paragraphs (3) (b) and (6) above, if a
territory not a Party to this Agreement does not protect works of
protected persons of the territory represented by CCNAA first published
in the non-Party's territory, protection accorded to the works of such
citizens, nationals, or juridical entitles of that non-Party territory
shall be restricted by the authorities of the territory represented by
CCNAA in a corresponding manner.
expression "literary and artistic works'" shall include every
original production in the literary, scientific, and artistic domain,
whatever may be the mode or form of its expression, including books,
pamphlets, computer programs and other writings; lectures. addresses,
sermons and other oral works; dramatic or dramatic-musical works;
choreographic works; musical works with or without words; sound
recordings; motion pictures fixed in any form including videotape;
pictorial works; artistic works; photographic works; maps;
scientific-technological or engineering design drawings; translations;
compilation; and other works. The categories of such works shall be
determined by the applicable laws of each territory.
Whether all or specific categories of literally and artistic works must
be fixed in some material form in order to be protected will be
determined according to the laws of each territory.
Without prejudice to the copyright in the original work, and except as
otherwise provided for in this Agreement, translations, adaptations,
arrangements of musical works and other alterations of a literary or
artistic works shall be independently protected in accordance with this
Agreement and the laws of each territory.
shall be a matter for the legislation in each territory to determine the
protection be granted to official texts of a legislative, administrative
and legal nature, and to official translations of such texts.
Collections of literary or artistic works or compilation of other
preexisting materials which, by reason of the selection and arrangement
of their contents, constitute intellectual creations such as
directories, encyclopedias and anthologies regardless of their means of
fixation, and reproduction whether in print or analogous form or in
electronic media, shall be independently protected; however such
protection shall not affect the copyright, if any, in any works forming
part of such collections or compilations.
works mentioned in this Article shall enjoy copyright protection in each
territory represented by a Party to this Agreement. This protection
shall operate for the benefit of the author and his or her successors in
protection of this Agreement shall apply to works created by protected
persons of one of the territories represented by a Party to this
Agreement, for their works, whether published or not.
expression "published works" means works published with the
consent of their author, whatever may be the means of manufacture of the
copies, provided that the availability of such copies has been such as
to satisfy the reasonable requirements of the public, having regard to
the nature of the work. Provided further that, the performance of a
dramatic, dramatico-musical, cinematographic or musical work, the public
recitation of a
respect of literary and artistic works for which they are protected
persons under this Agreement, authors and other copyright owners shall
enjoy in the territory represented by either of the Parties to this
Agreement, the rights which their respective, laws do now or may
hereafter grant to their protected persons consistent with the terms of
this Agreement and in accordance with their respective laws.
enjoyment and the exercise of these rights shall not be subject to any
formality; such enjoyment and such exercise shall be independent of the
existence of protection in the territory of origin of the work. The
extent of protection and the means of redress afforded to such protected
persons hereunder to protect their rights shall be consistent with the
terms of this Agreement and governed by the laws of the territory where
protection is claimed.
compliance with procedural measures, if any, not precluded by (2) above,
and concerned with enforcement of the rights embodied in this Agreement
in each territory, the author or copyright owner and his or her
assignees and exclusive licensees shall be entitled to institute in that
territory infringement proceedings and to secure effective criminal or
customs enforcement of the rights embodied in this Agreement and in
accordance with the laws of the territories represented by the Parties
to this Agreement.
procedural measures, if imposed, shall:
applied equally to all protected persons; and
implemented by-- regulations and instructions published so as to be
readily available to applicants.
territories represented by the Parties to this Agreement shall afford to
the works of a protected person, in a suit brought to enforce the rights
provided in the domestic law of either territory, a presumption that if
the name of such person or the date or place of publication appears on
copies of the work, such person is the author or copyright owner, as the
case .may be, and such date or place represents the facts with respect
thereto until the contrary is proved.
term of protection shall be no less than the life of the author and
fifty years after his or her death.
(2) In the
case of works not authored by a natural person, the term of protection
shall expire no less than fifty years after the date of creation or
first publication of the work, whichever expires first.
however, on the date on which this Agreement comes into effect, the
legislation of the territory represented by a Party to this Agreement
has established periods of protection for certain categories of works as
from the day of creation or the day of first publication, they may
maintain this exception and apply it to works created after the
Agreement comes into effect. The period of protection for such
categories of works may not be less than fifty years after the day of
(4) In the
case of a work of joint authorship, the term shall be measured from the
death of the surviving author.
literary and artistic works protected under this Agreement shall enjoy
the exclusive right of making and of authorizing the translation of
their works throughout the term of protection of their rights in the
original works except as otherwise provided in this Agreement and the
Appendix which is an integral part of this Agreement.
otherwise provided in this Agreement, authors of literary and artistic
works protected by this Agreement shall have the exclusive right of
authorizing the reproduction of these works, in any manner or form.
sound or visual recording of any such work shall be considered as a
reproduction for the purposes of this Agreement.
Authors of dramatic works, dramatico-musical works, musical works, and
sound recordings for which they are protected person hereunder shall
enjoy the exclusive right of authorizing:
public performance of their works, including such public performance by
any means or process; or
communication to the public of the performance of their works.
law of the territory represented by either party may limit or not extend
rights of public communication, or broadcasting to sound recordings,
notwithstanding the provision of this Article and Article 9.
the purpose of this Article and Articles (9) and (10) to perform or
present a work in "public" shall mean:
perform or present it in a place open to the public or at any place
where a substantial number of persons outside of a normal circle of a
family and its social acquaintances is gathered; or
communicate, or transmit a performance or presentation of a work in any
form or by means of any device or process to a place specified in clause
(a) or to the public, regardless of whether the members of the public
capable of receiving such communication receive them in the same or
separate places and at the same time or at different times.
to the extent otherwise provided in paragraphs (2) and (3) of this
Article, authors of literary and artistic works protected under this
Agreement shall enjoy the exclusive right of authorizing:
broadcasting of their works or the communication thereof to the public
by any other means of wireless diffusion of signs, sounds or images;
communication to the public by wire or by rebroadcasting of the
broadcast of the work this communication is made by an organization
other than the original one;
public communication by loudspeaker or any other analogous instrument
transmitting, by signs, sounds or images, the broadcast of the work;
exercise of the foregoing rights in the territory represented by a Party
to this Agreement shall be in accordance with the legislation of that
rights of authors and copyright owners in works to authorize cable
retransmission of broadcasts may be limited to a right of remuneration
notwithstanding the provision of this Article. Such limitations shall
apply only in the territories where they have been prescribed, an shall
be accompanied by detailed laws and regulations that provide strong
safeguards, including notification of the copyright owner and effective
opportunity to be heard, mechanisms to ensure prompt payment and
remittance of royalties consistent with those that would be negotiated
on a voluntary basis.
shall, however, be a matter for legislation in the territory represented
by each Party to this Agreement to determine the regulations for
ephemeral recordings made by a broadcasting organization by means of its
own facilities and used for its own broadcasts. The preservation of
these recordings in official archives may, on the ground of their
exceptional documentary character, be authorized by such legislation.
literary and artistic works for which they are protected person here
under shall enjoy the exclusive right of authorizing:
public recitation of such works; including such public recitation by any
means or process;
communication to the public of the recitation of such work.
literary or artistic works for which they are protected persons
hereunder shall enjoy the exclusive right of authorizing adaptations,
arrangements, and other alterations of their works.
the provisions of Article 7, each territory represented by a Party to
this Agreement may be permitted without the consent of the author or
copyright owner of a musical work including both words and music to
impose a non-voluntary license for the making of a sound recording of
the musical work and any accompanying words, provided that the author or
copyright owner of the work has already authorized the making of a sound
recording of the work. Such a non-voluntary license shall not permit the
duplication of a sound recording fixed by another, shall apply only in
the territory which has imposed such non-voluntary license, and shall
not, in any circumstances, be prejudicial to the rights of these authors
to obtain equitable remuneration which, in the absence of agreement,
shall be fixed by competent authority.
be a matter for the legislation of the territories represented by the
Parties to this Agreement to make limited exceptions to the exclusive
rights specified in articles 6,7,8,9,10 and 11 of this Agreement,
provided that such exception shall neither conflict with a normal
exploitation of the work nor prejudice the legitimate interests of the
author or copyright owner.
Infringing copies of a work protected in accordance with this Agreement
shall be liable to seizure in either territory where such work enjoys
legal protection. An infringing copy shall mean a copy of such work that
infringes any of the exclusive rights provided in domestic law and in
this Agreement including a copy which is imported into the territory
represented by either Party where, if made in such territory by the
importer, would constitute an infringement of the copyright.
seizure shall take place in accordance with the legislation of each
provisions of this Agreement cannot in any way affect the right of
either territory represented by a Party to this Agreement to permit, to
control, or to prohibit, by legislation or regulation, the circulation,
presentation, or exhibition of any work or production in regard to which
the competent authority may find it necessary to exercise that right.
provisions of this Agreement shall apply in each territory represented
by a Party to this Agreement to all works that are protected under the
copyright law of that territory on the effective date of this Agreement.
The provisions of this Agreement shall not affect obligations arising
under earlier agreements except as specifically provided for in this
created in the twenty years prior to 1985 shall be included as works
protected under this Agreement in the territory represented by CCNAA,
unless the work was registered pursuant to the copyright law then in
effect and the term of protection under that law expired prior to 1985.
provisions of this Agreement shall not preclude either Party to this
Agreement from granting protection at a higher level than that provided
for in this Agreement. In such event, however, such protection shall be
afforded equally to all protected persons under this Agreement.
entities of the territory represented by each Party to this Agreement
shall be entitled to full rights of filing suit or prosecution in the
territory represented by the other Party, whether or not that entity is
recognized by the authorities of the other Party.
territory represented by a Party to this Agreement shall adopt such
measures as are necessary Under its domestic law to ensure the
application of the terms of this Agreement. It is understood that at the
date this Agreement comes into force for either territory represented by
a Party to this Agreement, that territory must under its domestic law
give effect to the terms of this Agreement.
Parties to this Agreement shall consult periodically in order to review
the operation and application of this Agreement so as to assure that,
with the passage of time and changes in circumstances, the objectives of
this Agreement may be effectively maintained.
order to assist in the carrying out of functions referred to in the
Appendix to this Agreement, the Parties shall identify and ensure
effective communication between the copyright information centers
established by the Parties or by rights holders or users represented by
Agreement becomes effective on the date of the final signature hereafter
and shall be valid until terminated by one Party upon notification to
the other Party in writing at least six (6) months before the
termination is to take effect.
thereof the Parties hereto have hereby set their hands by their duly
authorized representatives and have caused this Agreement to be signed
and effective the date of the last signature hereafter.
For: American Institute in Taiwan
For: Coordination Council for North American Affairs
ensure an effective introduction of translation rights in the territory
represented by the CCNAA, the AIT agrees that for a transitional period
lasting until January 1, 2005 the authorities of the territory
represented by the CCNAA may, so far as works published in printed or
analogous forms of reproduction are concerned, substitute for the
exclusive right of translation provided for in Article 6 of the
Agreement for the Protection of Copyright Between the Coordination
Council for North American Affairs and the American Institute in Taiwan
(the Agreement) a system of non-exclusive and non-transferable licenses
granted by the competent authority following notice of the commencement
of a proceeding to the author or copyright owner under the following
license under this Appendix may be granted only if the applicant, in
accordance with the procedure of the territory represented by CCNAA,
establishes either that he has requested, and has been denied,
authorization by the owner of the right to make and publish the
translation or that, after due diligence on his part, he was unable to
find the owner of the right. At the same time as making the request, the
applicant shall inform any information center referred to in paragraph
(3) If the
owner of the right cannot be found, the applicant for a license shall
send, by registered airmail, copies of his application, submitted to the
authority competent to grant the license, to the publisher whose name
appears on the work and to any information center which may have been
designated by the Parties to this Agreement.
name of the author shall be indicated on all copies of the translation
published under a license granted under this Appendix- The original
title of the work shall appear on all the said copies.
license granted under this Appendix shall extend to the export of
copies,.aud any such license shall be valid only for publication of the
translation in the territory represented by CCNAA.
copies published under a license granted by virtue of this Appendix
shall bear a notice in the Chinese language stating that the copies are
available for distribution only in the territory represented by CCNAA.
CCNAA shall ensure:
(a) That a
license shall be granted only following a proceeding before the
designated authority at which the author or copyright owner or his
the right to appear with the assistance of counsel-,
introduce evidence and examine applicants for licenses; and,
the right to a prompt appeal from the determination to grant a license.
the license provides, in favor of the owner of the right of translation,
for just compensation that is consistent with standards of royalties
normally operating on licenses freely negotiated between persons in the
two territories concerned, and
Payment and transmittal of the compensation; should national currency
regulations intervene, the Parties to this Agreement shall make all
efforts to ensure transmittal in convertible currency or its equivalent.
prompt and effective procedures are established to enforce the
termination of a license granted under this facility where:
licensee has violated the terms of the license established by the
competent authority, including the terms of this Appendix; or
the circumstances set out in Article 11(4) and (5) of this Appendix
In the case of teaching, scholarship or research after the expiration of
a period of one year commencing on the date of the first publication of
the work, any protected person of the territory represented by CCNAA may
apply for a license to make a translation of such work into Chinese and
publish the translation in printed or an analogous form of
-reproduction, provided that the work has not been published in Chinese
anywhere in the world except the China mainland within that one year
period by the owner of the right of translation or with his
license under the conditions provided in this Appendix may also be
granted if all the editions of the translation published anywhere in the
world except the China mainland are out of print.
(2) (a) No
license obtainable after one year shall be granted under this Article
until another period of nine months has elapsed.
the date on which the applicant complies with the requirements of
Article 1(2) of this Appendix.
the identity or the address of the owner of the right of translation is
unknown, from the date on which the applicant sends, as provided for in
Article 1(3) of this Appendix, copies of his application submitted to
the authority competent to grant the license.
during the said period of nine months, a translation in the language in
respect of which the application was made is published by the owner of
the right of translation or with his authorization, no license under
this Article shall be granted.
license under this Article shall be granted only for the purpose of
teaching, Scholarship or research.
(4) If a
translation of a work is published by the owner of the right of
translation or with his authorization at a price reasonably related to
that Formally charged in the territory represented by the CCNAA for
comparable works, any license granted under this Article before such
publication shall terminate if such translation is in Chinese and with
substantially the same content as the translation published under the
license shall be granted or maintained under this Article when the
author has withdrawn from circulation all copies of his work.
(6) In the
event that any license granted under this Appendix is terminated in
accordance with the procedure contemplated in paragraph (7)(d) of
Article I of this Appendix or in circumstances described in paragraphs
(4) and (5) of this Article 11, all copies already made on or before the
date on which the license terminates may continue to be distributed
until their stock is exhausted.
(7) (a) A
license to make a translation of a work which has been published in
printed or analogous forms of reproduction may also be granted to any
broadcasting organization having its headquarters in the territory
represented by CCNAA, upon an application made to the competent
authority of that territory by the said organization, provided that all
of the following conditions are met:
translation is made from a copy made and acquired in accordance with the
laws of the said territory;
translation is only for use in broadcasts intended exclusively for
teaching or for the dissemination of the results of specialized
technical or scientific research to experts in a particular profession;
translation is used exclusively for the purposes referred to in
condition (ii) through broadcasts made lawfully and intended for
recipients on the said territory, including broadcasts made through the
medium of sound or visual recordings lawfully and exclusively made for
the purpose of such broadcasts;
uses made of the translation are without any commercial purpose.
or visual recordings of a translation which was made by a broadcasting
organization under a license granted by virtue of this paragraph may,
for the purposes and subject to the conditions referred to in
subparagraph (a) and with the agreement of that organization, also be
used by any other broadcasting organization having its headquarters in
the territory whose competent authority granted the license in question.
Provided that all of the criteria and conditions set out in subparagraph
(a) are met, a license way also be granted to a broadcasting
organization to translate any text incorporated in an audio-visual
fixation where such fixation was itself prepared and published for the
sole purpose of being used in connection with systematic instructional
Subject to subparagraphs (a) to (c), the provisions of the preceding
paragraphs shall apply to the grant and exercise of any license granted
under this paragraph.
offers these agreements electronically as a public service for general
reference. Every effort has been made to ensure that the text presented
is complete and accurate. However, copies needed for legal purposes
should be obtained from official archives maintained by the appropriate